Class Action

Expert Analysis

• And Now A Word From The Panel: 4 All-Star MDLs

  

  In honor of the forthcoming Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

• Nixing A Class After Jury Verdict — It's Possible

  

  A Second Circuit decision in Mazzei v. The Money Store reiterates that class action defendants have the opportunity to successfully challenge class certification even after trial. The decision may embolden defense counsel and their clients to not be so quick to settle, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

• 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

  

  Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.

• Testing The UBE: Portable But Inaccurate Bar Exam Scores

  

  While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

• Testing The UBE: Missouri Benefits From Uniform Bar Exam

  

  We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

• Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

  

  It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

• Generic Drug Price Surges Don't Always Point To Collusion

  

  Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

• How Law Firms Can Create Next-Generation Office Spaces

  

  Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

• Why EB-5 Investors Are Not Your Typical Clients

  

  EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.

• The CFPB's Flawed Case For Banning Class Action Waivers

  

  The Dodd-Frank Act gave the Consumer Financial Protection Bureau the opportunity to think broadly about dispute resolution. Unfortunately, instead it decided to reinstitute a class action regime that its own study indicates poorly serves consumers’ interests, says Eric Mogilnicki, a partner at Covington & Burling LLP.