First Republic Executives Fail in Attempt to Recover Nonqualified Deferred Compensation Plan Assets
On April 7, an earned wage access (EWA) provider filed a complaint seeking declaratory relief against the New York Office of the Attorney General (OAG) in U.S. SDNY. The plaintiff requested relief from the OAG’s enforcement...more
The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more
The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more
The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more
On September 19th, the Eleventh Circuit Court of Appeals resolved a question of first impression in the circuit: whether the availability of the class action mechanism is a question of arbitrability that presumptively should...more
The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more
The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more
The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more