Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Law School Toolbox Podcast Episode 513: Grappling with AI as a Law Student and Lawyer (1L Summer Series)
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast
Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection
Podcast - Persistence and Determination
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - Walking Tall
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Podcast - The Seeds of Corruption
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Feeling Disillusioned with AI? You’re Not Alone
Current Regulatory, Legislative, and Litigation Developments on ADA Website Accessibility for Consumer Finance Digital Platforms — The Consumer Finance Podcast
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
The Trend of Threatening Physicians for Personal Gain
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
So Brandon Callier was just deemed insufficient to represent TCPA class members– an that’s a huge deal for anyone who is facing Callier class litigation. The case is Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025)....more
The US Supreme Court’s recent decision in CASA v. Trump, 606 US ___ (June 27, 2025), sharply limited the ability of individual plaintiffs to obtain nationwide injunctions....more
In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets...more
On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more
[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more
In our Consumer Finance Compass series, Balch’s Jason Tompkins offers a preview of his upcoming presentation for the Association of Credit & Collection Professionals (ACA) Convention 2025, titled “Class Action Lawsuits in...more
In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more
Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more
The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more
Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more
When a court begins its order denying class certification by lamenting the “failure to properly vet named plaintiffs” and “seeming unwillingness to promptly address issues that arise during litigation with named plaintiffs”...more
In recent years, public interest organizations have increasingly turned to the District of Columbia’s Consumer Protection Procedures Act (CPPA) to bring legal challenges against companies over their public environmental and...more
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more
Honeypots. Tens (hundreds?) of thousands of phone numbers owned by a single corporate subscriber. They exist merely to monitor and track calling patterns. No one is using these phones. They are monitored autonomously for a...more
The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable...more
The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more
The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more
Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
"No harm, no foul" is a common saying. As it turns out, that saying is sometimes true in law. An important prerequisite for a lawsuit in federal court is that the plaintiff have standing to sue....more
The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of...more
The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been...more
On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more