Now more than ever, it is important for organizations to review and update their basic information security protocols (their incident response, business continuity and crisis communications plans), and to ensure they’re keeping apprised of potential and developing security threats that may imperil their organizations (like a catastrophic ransomware attack). Nation state attacks and cyber criminal

Jordan Vick and Kristine Argentine have organized and will be moderating a CLE program for the Federal Bar Association titled Commercial Class Actions: Hot Topics and Trends.

In this program, Seventh Circuit Judge David F. Hamilton and District Court Judge Robert M. Dow, Jr. will offer their perspectives on significant recent developments at the

The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money damages when members of the certified class suffered no actual injury. This issue was presented to the Supreme Court after

From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.

To help navigate the litigation landscape, we are kicking off a webinar

Biometric privacy continues to be a hot-button topic in the United States, and internationally, with states continuing to join the wave of strict consumer biometric data protection laws.  In an effort to avoid costly class action litigation as the country begins to reopen following the COVID-19 pandemic, businesses should be mindful of the potential risks

Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries. The area of higher education is no different.  Faced with safety concerns and government stay-at-home orders, universities across the nation have had to adjust, often by ceasing in-person instruction, transitioning to remote learning, and

Seyfarth Synopsis: Recent activity within the federal Courts of Appeals this spring may prompt Supreme Court resolution of a central and unsettled issue concerning personal jurisdiction in the class-action context causing defendants to re-think pleading stage strategies when forced to litigate in forums where they have minimal contacts.

Generally, out-of-state defendants (not subject to general jurisdiction) may only be sued in a forum within that state when the suit arises out of or relates to the defendant’s in-state conduct—that is, where the defendant’s minimum contacts with the forum state are sufficient to exercise specific jurisdiction. Assessments of whether specific jurisdiction exists become problematic in mass-tort or class-action litigation involving both resident and nonresident plaintiffs. In such cases, is it sufficient that one or some of the plaintiffs reside or were injured in the forum state, so as to allow out-of-state plaintiffs to aggregate or “bootstrap” their claims?

In 2017, the Supreme Court answered in the negative, at least in the mass-tort context. 137 S. Ct. 1773 (2017). There, more than six hundred plaintiffs brought suit in California state court against a drug manufacturer. Only eighty-six of the plaintiffs were California residents, and the remaining plaintiffs were residents of over thirty other states. Id. at 1778. The nonresident plaintiffs did not argue that they obtained the allegedly defective drug in California or that they sustained injuries or received treatment in California. Id. The Supreme Court held that the California court lacked specific jurisdiction over the nonresident plaintiffs’ claims, reasoning that “[t]he mere fact that other plaintiffs . . . sustained the same injuries as did the nonresidents . . . does not allow the State to assert specific jurisdiction over the nonresidents’ claims.” Id. at 1781 (emphasis in original). The Supreme Court confirmed that a defendant’s relationship with a resident plaintiff “standing alone” is insufficient to confer personal jurisdiction over nonresidents’ claims, even where the claims are similar to those brought by the resident plaintiff. Id. at 1783.
Continue Reading Update on Personal Jurisdiction Law in the Class Action Context

With the COVID-19 pandemic continuing to storm across the country, it is having a substantial affect in nearly every industry. The fallout from this pandemic will likely result in a wave of class action litigation. The Federal Trade Commission reported that as of April 21, 2020, there had been over 23,500 consumer complaints related to

WebinarOn Wednesday, October 21 at 12:00 p.m. Central, Jay W. Connolly, Joseph J. Orzano and Kristine Argentine will present Seyfarth’s third installment of our 2015 Class Action Webinar Series. The presenters will discuss the current state of labeling class action litigation that has targeted food, beverage, nutrition and other industries in recent years. This webinar

Recently, a California federal court denied Nordstrom, Inc.’s and designer jean manufacturer, AG Adriano Goldschmeid’s request for an interlocutory review of the district court’s denial of their motion to dismiss the Plaintiff’s class action complaint alleging consumer fraud related to their use of “Made in USA” labels.25-jeans

Background

Plaintiff’s class action complaint alleged that defendants