NETHERLANDS – What is the connection between tulips, the late Rembrandt and collective settlements? They are Dutch export ‘products’. The Dutch have been exporting tulips to every corner of the globe since time immemorial. A unique exhibition of the works of the late Rembrandt van Rijn, a world-renowned Dutch painter that probably does not need introduction, took place in the Rijksmuseum in Amsterdam recently and drew tourists from everywhere to Amsterdam. (queues before the entrance…
UNITED STATES – The Multistate Antitrust Task Force of the National Association of Attorney Generals (“NAAG”), the non-political organization of US state attorneys general that coordinates joint multistate and federal-state investigations and litigation, has created a new committee to examine class action settlements reported to the states under the Class Action Fairness Act, and specifically to examine whether companies may be using class action settlements to avoid antitrust enforcement actions that might otherwise be brought…
UNITED STATES – 2015 marks the 30th anniversary of the U.S. Supreme Court case that impacted the way courts determine class certification claims by indirect purchasers under state antitrust laws. Under Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), the U.S. Constitution’s Due Process Clause and Full Faith and Credit Clause require that state law cannot be automatically applied to each claim brought by a class comprised of multistate members. In most cases, this…
CANADA – In a recent post we described the Ontario Court of Appeal’s finding, in Kaynes v. BP, PLC, that Ontario was not the most convenient forum for a class action commenced by an Ontario resident who had purchased the defendant’s securities on the NYSE. The claim alleged market misrepresentation under section 138.3(1) of the Securities Act, R.S.O. 1990, c. S.5. The proposed class included those who purchased securities on the TSX, NYSE and LSE…
UNITED KINGDOM – A significant reform to the litigation of competition damages claims in England and Wales was finally approved by the House of Commons on 9 March 2015. The House of Commons accepted the House of Lords’ proposed amendments to the Consumer Rights Bill (after some back and forth on provisions unrelated to competition litigation). The Bill is now expected to receive Royal Assent in March 2015 and to come into law later this…
UNITED STATES – Cybersecurity is now headline news across the globe, with data breaches hitting nearly every industry—from retail, to healthcare, to banking. Amid growing concerns about U.S. interests, President Obama has waded into the cybersecurity waters with a recent Executive Order. This Order moves the needle in the right direction, but does it do anything to ease the rising tide of class action litigation? The short answer is “no.” The President’s Order and accompanying…
UNITED STATES – A telemarketing campaign can be an effective means to reach out to a large number of potential or existing customers quickly, efficiently, and in a cost-effective manner. However, not strictly following federal guidelines can quickly turn such a campaign into a huge legal liability that can cost a company a significant amount of time and resources. And with newer, stricter guidelines in force, it is important to once again make certain that…
FRANCE – Until 2014, class and collective actions were almost inexistent in France. As from October 1, 2014, French consumers have been provided with a new class action Ă la française – Statute n° 2014-344 of March 17, 2014, and Decree n° 2014-1081 of September 24, 2014, entered into force on October 1, 2014. No doubt that French consumers are now more serein…and companies far less. The following are some key aspects of the new…
CANADA — In an era where secondary market misrepresentation class actions frequently cross the Canada-US border, concerns with the multiplicity of proceedings and the risk of inconsistent decisions are persistent and palpable. In a recent decision, the Ontario Court of Appeal took a step toward alleviating some of these concerns by holding that Ontario was not the most convenient forum to address the claims of proposed class members who purchased the defendant’s shares on foreign…
UNITED STATES – Ascertainability of the class membership at the certification stage is a growing issue in U.S. class action litigation. A class definition satisfies Rule 23’s implied ascertainability requirement if the class is defined by objective factors and it is administratively feasible to determine whether a particular individual belongs to the class. Although this factor is not explicitly required by the terms of Rule 23 for certification of a class, it is increasingly becoming…