Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Latest from Minding Your Business

Litigation funders are well aware that half of the potential market is largely untapped. Clients would prefer to focus on their business rather than litigation, and offload some or all of their defense costs to a third-party. Law firms want the fee flexibility that defense-side funding could provide. So why is defense funding still the exception rather than the rule? To begin with, because the synergies that propel plaintiff-side funding are much more difficult to…
The United States Court of Appeals for the Ninth Circuit recently issued a decision holding that the Americans with Disabilities Act (“ADA”) applies to websites that connect customers to goods and services offered at a physical location. In Robles v. Domino’s Pizza LLC, the plaintiff, who is blind, brought suit against Domino’s for failing to “design, construct, maintain, and operate its [website and app] to be fully accessible to and independently usable by Mr.…
Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process for certifying a nationwide settlement class in the Ninth Circuit. Specifically, an en banc Ninth Circuit panel will decide whether “variations in state law can defeat” predominance in class action litigation. …
Characterizing the decision to bring a books and records inspection action after filing a plenary or substantive action as “[i]nherently contradictory,” the Delaware Court of Chancery recently dismissed a Section 220 action brought by a group of investors.  The decision signals that the Court of Chancery remains alert to the use of books and records inspection actions for improper purposes, including to subvert the ordinary conduct of civil discovery.…
Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic communications, set forth a more unified approach to approving settlements, and discourage bad faith objectors to class action settlements.…
A divided New York Court of Appeals recently held that Civil Rights Law § 50-a bars disclosure of police officer personnel records except under very limited circumstances, eliminating access to such records by the press or advocacy groups under the Freedom of Information Law (“FOIL”) even if the police department itself is willing to release them and even if they are redacted. The decision, In the Matter of New York Civil Liberties Union v. New York
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration.  The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between corporations.                          Read the full post on Law and