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

Tag Archives: John Beisner

The Chamber of Commerce’s Class Action Christmas List

Posted in Scholarship

 We’re in the middle of the holiday season, and that means that folks are making (or, for those who celebrate Hannukkah, checking off) their wish lists. This October, the Chamber of Commerce’s Institute for Legal Reform compiled one of their own in their report A Roadmap for Reform: Lessons from Eight Years of the Class Action… Continue Reading

A Review of Year-End Reviews

Posted in Lawyers

For many, the start of a new year is not just a time to look ahead, but also a nice landmark for looking back. So it is with class-action litigators. In the past month, there have been at least four different "Year End Reviews" of class actions. (I’m not counting my own, which are more top… Continue Reading

Klonoff on Class Action Decline – The Good, the Bad, and the Ugly

Posted in Certification, Scholarship

Robert Klonoff, Dean of the Lewis & Clark Law School, has produced a new article, The Decline of Class Actions (forthcoming from the Washington University Law Review), that provides a much-appreciated overview of recent developments in class action law from a plaintiff’s perspective. (Disclosure: Dean Klonoff provided a very nice blurb for the Class Action Playbook.)… Continue Reading

Classic Scholarship – Class Action Cops

Posted in Lawyers

For the last six or seven years, a growing academic literature has put forward the argument that the primary justification for class actions is not to compensate absent class members, but to deter corporate wrongdoing. That justification has formed the basis of a number of arguments, from Professor Fitzpatrick’s proposal that class action attorneys earn… Continue Reading

Does Cy Pres Relief Violate the Rules Enabling Act?

Posted in Settlement

Skadden attorneys John Beisner, Jessica Miller, and Jordan M. Schwartz have drafted a white paper for the Institute for Legal Reform titled “Cy Pres: A Not So Charitable Contribution to Class Action Practice.”  Relying heavily on Martin Redish’s critique of cy pres recovery, they trace cy pres relief from its “pre-Christian” origins as a means… Continue Reading

Grand Strategy and Class Actions

Posted in Strategy

What is grand strategy? It’s a term that’s usually thrown around in military, security, and foreign policy circles. As the military historian Liddell Hart defined it in his classic book Strategy: [T]he role of grand strategy – higher strategy – is to co-ordinate and direct all the resources of a nation, or band of nations,… Continue Reading

Securities Class Actions – Inherently Inferior?

Posted in Certification

Securities class actions have often drawn criticisms from both defense counsel and their ideological allies. One of the more interesting criticisms has been that securities class actions may be nothing more than shell games moving money around in such a way that the only parties to benefit are the lawyers. The theory goes like this:… Continue Reading

Battling Third-Party Litigation Funding: Aim Interrogatories at Funding Sources?

Posted in Discovery

Class-action defense guru John Beisner has published a new study on third-party litigation financing: “Selling Lawsuits, Buying Trouble: Third-Party Litigation Funding in the United States” (US Chamber Institute for Legal Reform, October 2009). Since it’s published by the US Chamber of Commerce, this is an advocacy piece, and one aimed more at policymakers than courts…. Continue Reading