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HTMLCanadian Court Holds That Evidentiary Requirement For Leave To File Securities Class Action Is “Not A Low Bar”
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
In January of 2016, this blog commented on the Supreme Court of Canada’s decision in the seminal case of Canadian Imperial Bank of Commerce v. Green. There, the Court held that a prospective plaintiff must move for leave to commence a class action for secondary market misrepresentation...

 

HTMLFederal Court Declines to Exercise Jurisdiction Over Toshiba Despite Over-the-Counter ADS Sales in the United States
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 9, 2016
Ever since the Supreme Court issued its opinion in Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010), courts have been making their own interpretations of what Morrison means for whether certain transactions are “domestic” and thus amenable to class-action securities...

 

HTMLSupreme Court’s Spokeo Decision Strengthens Standing Defense for Employers in FCRA and Other Statutory Class Actions
Kevin M. McGinty, George Morgan Patterson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on June 3, 2016
In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal statutes absent a sufficient allegation of the existence of a concrete...

 

HTMLSupreme Court Decision in Spokeo Breathes Life Into Standing Defenses
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on May 16, 2016
Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings

 

HTMLIt’s A Wrap! Sony Pictures Data Breach Case Settles Without a Hollywood Ending For the Plaintiff Class
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 11, 2016
Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the studio’s stars, executives and employees. Their most intimate secrets,...

 

HTMLUpdate: Vivendi Wins Summary Judgment Against Another Class Member As Litigation Winds Down
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 3, 2016
We speculated in September that a decision to grant summary judgment against a class member in the long-running In re Vivendi Universal, S.A. Securities Litigation, 02 Civ. 5571 (SAS) (S.D.N.Y.) “could have implications for class members, but more likely for opt-outs.” Now Judge Shira...

 

HTMLSupreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
Darren K. Cottriel, Meir Feder, Daniel J. (Dan) McLoon, Brian J. Murray, John A. Vogt; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be filed by plaintiffs who have suffered no concrete injury aside from the violation of a federal statute. The case is of particular interest to...

 

HTMLUber Aims to Settle Two Class Actions; Approximately 385,000 Uber Drivers in California and Massachusetts to Remain Independent Contractors - At Least for Now
Michael Scott Arnold, Gauri P. Punjabi; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 26, 2016
Last Thursday, Uber settled two closely-watched class actions contesting Uber’s classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees. While the plaintiffs viewed the settlement as a victory, so likely did Uber, as...

 

HTMLAustralian Class Action Settlements Declined Due to Substantial Detriment to Class Members
John Emmerig, Joshua Kang, Michael Legg; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
The applicants and class members were investors in forestry plantation managed investment schemes that failed. Originally three inter-related class actions were commenced on 22 December 2011 in relation to schemes from 2007, 2008 and 2009. In one proceeding, the claims were made against the two...

 

HTMLCFPB Targets Mandatory Arbitration Clauses to Protect Consumer Class Actions
Scott A. Cammarn, Peter Carey, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 13, 2016, previously published on May 10, 2016
On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule to prohibit providers of certain consumer financial products and services from using arbitration clauses to block consumers from filing or participating in class action lawsuits.1 In addition, the...

 


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