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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: book review

Book Review – World Class Actions Lives Up To Its Name

Posted in Strategy

Back over the summer, I was approached to blurb Paul Karlsgodt’s now-published World Class Actions: A Practitioner’s Guide to Group and Representative Actions around the Globe, which I did happily. Here’s the text of the blurb: World Class Actions is a comprehensive and practical look at everything a class-action litigator needs to know about mass… Continue Reading

Negotiation Studies – The Limits of Getting to Yes

Posted in Settlement

Anyone who writes or talks about negotiation strategy eventually has to address Getting to Yes.  It’s the 800 pound gorilla in the negotiation field, and it has produced a vocabulary that, while occasionally jargony and unwieldy, is in constant use. Far more importantly, it contains some outstanding advice on how to negotiate in almost any… Continue Reading

Book Review – Wholesale Justice

Posted in Strategy

Last month, I received a flurry of email from various people who wanted to point me towards Mark Herrrman’s column on Above the Law, "Torpedoing Class Actions." In that column, Herrmann reviewed Martin Redish’s 2009 book Wholesale Justice, which argues that class actions are an unconstitutional delegation of state power to private lawyers. He also… Continue Reading

Book Review – How Judges Think

Posted in Motions Practice

A few years ago, I attended an oral argument with a colleague. (He was there to argue a substantive motion in our case, I was there to take on the class-related issues.) It turned out we were in front of a hot bench that day: the judge clearly had formed several opinions of the case,… Continue Reading

Book Review – Spinning the Law

Posted in Strategy

For most class-action defense lawyers, dealing with the press is, while rare, a necessary evil. Plaintiffs’ firms have taken to issuing press releases whenever they file a complaint. However, for defendants, the media is usually a separate front, one that moves much faster than discovery, and one that offers more perils than payoffs. Moreover, outside… Continue Reading

Book Review – Law Student Special – A Civil Action

Posted in Lawyers

 This is a tough year to be entering law school. Tuition is more expensive than ever. The job market for entering lawyers is worse than ever. And the combination of technology and cost pressures is changing the legal profession in ways that even longtime veterans have trouble getting their heads around. It’s tough enough that… Continue Reading

Book Review – Verdict for the Defense

Posted in Strategy

 The other week, fellow blogger (and ABA Blawg 100 writer) Russell Jackson sent me a copy of Verdict for the Defense: Fighting Jackpot Justice with Firewall Defense Strategies by Greenberg Traurig lawyer Rob Herrington.  (Which just goes to show – sending books to bloggers can work.) Verdict for the Defense provides a practical take on… Continue Reading

Book Review – Mass Torts in a World of Settlement

Posted in Settlement

Richard Nagareda’s object in Mass Torts in a World of Settlement, his only book-length theoretical work, was to show how settlements operate in a world in which aggregated litigation is common, and trial almost unheard of. One of Nagareda’s primary observations is that settlements of mass torts are best handled by some administrative apparatus. In… Continue Reading