Category

North America

Category

Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas. This weekly briefing will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week. As one of the largest global law firms, we will call upon our exceptionally deep and…

When world economies face challenges, employment litigation claims of all types arise. In this Quick Chat video, our Labor and Employment lawyers discuss the range of trending employment-related claims and cases and share what employers can do to best position themselves to manage impending litigation. Click here to watch the video chat. Review our brochure, COVID-19 Employment Litigation on the Rise – How We Can Help, to read more about the current landscape, access useful resources and learn how our seasoned…

Adding to an emerging trend of federal cases addressing privilege in the context of forensic reports, the DC District Court ruled last month that forensic reports created in response to a cybersecurity incident were not subject to attorney-client privilege nor attorney work product protection because the reports were created in the ordinary course of business. This decision has significant implications for organizations preparing to respond to cybersecurity incidents and continues a pattern of increased scrutiny…

The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation volumes in some jurisdictions having already doubled, and our clients expect us to help them spot trends and plan for the future. Our report features economic analysis from The Economist Intelligence Unit, and legal analysis from our team of more than…

The Supreme Court of Canada has authorized a Quebec class action against an investment fund dealer and investment fund manager. The class members are customers who allege they were insufficiently informed about the risk profile of two investment products. See Desjardins Financial Services Firm Inc. v Asselin, 2020 SCC 30. The decision to authorize the class action does not confirm the merits of the allegations. The Supreme Court reaffirmed that “the threshold for authorizing a…

Now that the California Consumer Privacy Act is in effect, it is imperative to consider the potential litigation risks that many companies are likely to face as a result of the new law. While many commentators have analyzed the CCPA’s express private right of action for data breaches that occur in the absence of reasonable security measures, it’s important to note that class litigation may be used in an attempt to privately enforce the other…

In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey“), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired to fix…

CANADA – In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey”), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired…

In Philipp v. Federal Republic of Germany, No. 17-7064, 925 F.3d 1349 (D.C. Cir. 2019), the United States Court of Appeals for the District of Columbia Circuit affirmed an earlier decision allowing a lawsuit involving art taken by the Nazis to proceed in district court in Washington, D.C., but also highlighted judicial disagreement regarding the application of the Foreign Sovereign Immunities Act (“FSIA”). [1] The FSIA generally bars claims against foreign governments, but specifically provides…

The general rule in the United States is that litigants are not required to post security bonds with the court in the event that they ultimately may be liable to the other party. Indeed, in what is often called the “American Rule,” each party to litigation bears its own costs and expenses, including attorneys’ fees, no matter the outcome. US rules often allow a prevailing party to recover “costs,” but only costs other than attorneys’…