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Locke represents clients in all phases of business litigation in state and federal courts. He regularly serves as counsel on behalf of financial institutions in a wide range of matters, with a focus on mortgage-related litigation and defending claims under the Fair Debt Collection Practices Act, Truth in Lending Act, and other consumer protection statutes.

Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases.  Here’s our analysis of the most recent appellate decision on that issue.

Last Tuesday, the Second Circuit Court of Appeals affirmed the district court’s dismissal of a

This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class actions for lack of standing.

Sixth Circuit Holds No Showing of Ascertainability Required for 23(b)(2) Class Action:  The contours of

This week we consider a decision that illustrates how the suitability—or unsuitability—of certain causes of action for certification can render certain defendants more susceptible to class actions than others, as well as a state court’s specific objection to a proposed class action settlement.

Breach of Implied Warranty of Merchantability Claim Provides Path to Certification Where

This week we take a look at how a trial court’s evidentiary rulings can foreclose pathways to appealing a ruling on certification down the line, as well as a Hail Mary appeal by a group of Super Bowl ticketholders that fell harmlessly to the turf. 

Exclusion of Expert by District Court Renders Certification Appeal a