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HTMLSplit California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a 'Gateway Issue' that must be Decided by the Court
Robert J. Herrington, Adil M. Khan, Jeff E. Scott; Greenberg Traurig, LLP;
Legal Alert/Article
August 18, 2016, previously published on August 11, 2016
In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a “universal rule [that] allocates this decision in all cases to either...


HTMLSupreme Court Ruling in Credit Suisse Securities (USA) LLC v. Billing: Antitrust Immunity for Investment Banks
Scott Brodeur; OConnell Hartman Loder|Professional Corporation;
Legal Alert/Article
August 17, 2016, previously published by LexisNexis Martindale-Hubbell Counsel to Counsel Magazine
LexisNexis Martindale-Hubbell Counsel to Counsel Magazine


HTMLFizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 16, 2016, previously published on July 13, 2016
In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach. The dismissed claims, brought by Target shareholders on behalf of the corporation, alleged that...


HTMLCalifornia Supreme Court on Arbitration Agreement Silent on Class Action Waivers
Mitchell F. Boomer, Dylan Bradley Carp, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
August 10, 2016, previously published on August 1, 2016
Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a...


HTMLRecent Developments in Petrobras Class Action Could Interfere with Trial Date
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 6, 2016, previously published on July 29, 2016
There have been several recent and interesting updates to the In re Petrobras Securities Litigation, 14-cv-9662 (S.D.N.Y.) that we have discussed several times on this blog. First, the Second Circuit has decided to accept review of the class certification question. Second, Judge Jed Rakoff denied...


HTMLDutch Foundation Dismissed for Inadequate Safeguarding of Members’ Interests
Kevin Mortimer, Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 6, 2016, previously published on July 14, 2016
On June 29, 2016, the Dutch Court of East Brabant dismissed a foundation’s claims against Rabobank Group for alleged unlawful selling of interest rate swaps because it failed to meet the requirement of the Dutch Claim Code that a foundation sufficiently safeguard the interests of its members....


HTMLLess Is Not Always More: The Court of Appeal Addresses a Consortium Carriage Fight
Bevan Brooksbank; Borden Ladner Gervais LLP;
Legal Alert/Article
August 4, 2016, previously published on July 19, 2016
The Ontario courts have developed a body of caselaw to address the problem that arises where multiple law firms seek to advance what is essentially the same class proceeding. The resultant “carriage dispute” confirms the simple axiom that two or more certified class actions cannot exist...


HTMLPrice Optimization: Courts Put Regulators in the Driver’s Seat
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 27, 2016, previously published on July 25, 2016
Earlier this year, courts in California addressed class actions brought by customers claiming to be harmed by their auto insurers’ use of price optimization and big data in setting auto insurance rates. In both cases, the court stayed the class action and deferred to the regulator under the...


HTMLIndirect Causation Accepted by Australian Court in Shareholder Claim
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
July 22, 2016, previously published on July 2016
The plaintiffs acquired HIH shares between 26 October 1998 and 15 March 2001. The plaintiffs contended, and the defendants admitted, that HIH had released misleading and deceptive financial results during this period.


HTMLContribution and Causation: The IPEX Case
Bevan Brooksbank; Borden Ladner Gervais LLP;
Legal Alert/Article
July 12, 2016, previously published on June 16, 2016
As succinctly summarized by Justice Belobaba, the case addressed the intersection of two lines of authority, namely that which permits a defendant who settles a class action to seek recovery from other non-settling parties, and the axiom that causation must be proven in order to establish liability.


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