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Publications 36 results

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional.
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Publication | 01.15.25

Antitrust: A New Frontier: Algorithmic Pricing Class Actions

On a very basic level, generative artificial intelligence (Gen AI) takes in vast amounts of information, analyzes it, and provides results. It uses mathematical algorithms to find patterns in the information and exploits those patterns to achieve the user’s goal.
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Publication | 01.15.25

Artificial Intelligence: The Rapidly Evolving Landscape of AI Class Action Litigation Has Become a Wild, Wild World

Artificial intelligence (AI) has been finding its way into business for some time, but that trend was dramatically accelerated with the arrival of generative AI (Gen AI), which can create new content on its own. The release of a relatively easy-to-use version of Gen AI in late 2022 was followed by the rapid adoption of the technology—and not long after, by the arrival of class action lawsuits centered on AI.
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Publication | 01.15.25

Employment: Both Old and New Issues Are Driving the Increased Likelihood of Class Action Suits

Class actions are alive and well in the world of employment law. Much is happening, and there’s plenty more to come, says Rebecca Springer, a Crowell & Moring partner who serves as talent and inclusion lead in the firm’s Labor and Employment Practice.
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Publication | 01.15.25

European Union: EU-- And Member State-Level Reforms Should Spur Increase in Class Actions

A cross-border lawsuit filed in Italy in 2024 could be the first test of how recently imposed, plaintiff-friendly changes in European Union law will impact class actions in the EU.
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Publication | 01.15.25

Health Care: Plaintiffs’ Bar Is Taking a Page From the Retirement Plan Playbook

A nascent trend is forming in the world of health care class actions. Plaintiffs’ attorneys are taking the excessive-fee concept pioneered in retirement plan litigation and applying it to self-funded corporate health insurance plans.
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Publication | 01.15.25

Jurisdictional Analysis: Class Actions Across the Country

Class action litigation remained strong in 2024, on pace to match the past two years. Last year expanded the trend of class action litigation driven by technology, regulatory changes, and consumer expectations. Class action litigation based on privacy and data security breaches increased last year—including recent high-profile cases and significant settlements. Similarly, consumer rights and product liability cases have continued to increase and to drive large settlements due to consumer awareness of their rights and amendments to consumer protection laws. These developments and increasing trends in class action litigation provide numerous opportunities for litigation in many sectors.
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Publication | 01.15.25

Privacy: Plaintiffs’ Attorneys Test Theories To Bring Claims Against Companies Using Customer Data

After a surge in privacy class action lawsuits in 2024, San Francisco-based Crowell & Moring partner Kristin Madigan says she expects to see more of the same in the year ahead, as plaintiffs’ lawyers continue testing out new legal theories to bring claims against any company that collects, uses, or sells customer data.
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Publication | 01.15.25

Product Liability: Class Actions Are Increasingly Using Economic Loss To Bring Claims

A trend in product liability litigation has emerged over the past few years: Plaintiffs’ attorneys are increasingly choosing to bring class actions based on “economic loss” instead of the more traditional personal injury claim.
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Publication | 01.15.25

Product Regulation: A New Challenge for Cosmetics Makers: Dealing With the FDA

Key developments expected this year, as the FDA ramps up the implementation of major new cosmetics regulations, could shape the class action landscape for the beauty and wellness industry for years to come, says Crowell & Moring partner Robbie Rogart Jost.
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Publication | 01.10.23

A Faster Docket with Patent and Privacy Cases

Litigation Forecast 2023

The pace of cases in CDCA will pick up as part of a concerted effort to reduce the backlog caused by the pandemic.

Publication | 01.10.23

A Pro-Arbitration Approach Changes the Dynamic

Litigation Forecast 2023

While international parties doing business in MENA traditionally chose to seat their arbitrations in Europe, the landscape has changed.

Publication | 01.10.23

Biometric Litigation Looms Large

Litigation Forecast 2023

A massive class action award for plaintiffs in a BIPA case this past October is likely to encourage even more claims.

Publication | 01.10.23

Can an Infringement Claim Magnet Be Deactivated?

Litigation Forecast 2023

While steps have been taken to break one WDTX judge’s grip on the nation’s patent docket, his influence remains strong.

Publication | 01.10.23

Consumer Class Actions Expand into New Sectors

Litigation Forecast 2023

With the number of class action suits quadrupling over the past five years, cases now include the advertising of any category of consumer goods.

Publication | 01.10.23

Evolving Landscape for Representative Actions

Litigation Forecast 2023

An EU directive has set the stage for broader, more harmonized legal redress for consumers across member states.

Publication | 01.10.23

Rightsizing the Federal Bench: More Judges Handling Fewer Cases

Litigation Forecast 2023

In his first two years in office, President Joe Biden has appointed 95 federal judges to the bench—more than any president had appointed over this same time period since John F. Kennedy.

Publication | 01.10.23

Slow Flow in D.C. Courts

Litigation Forecast 2023

Between myriad delays and an increasingly activist approach, companies facing litigation in D.C. must expand their universe of potential risks.

Publication | 01.10.23

Will the Door to Mass Claims Close?

Litigation Forecast 2023

A series of recent California Supreme Court decisions has led to an explosion of PAGA claims in state and federal courts.

Publication | 01.22.20

UK Litigation – Class Actions: A New Era in the UK?

Crowell & Moring's Litigation Forecast 2020
In the UK, regulatory scrutiny of data breaches has resulted in significant fines. But the repercussions of those actions are highlighting broader changes in the nature of collective actions that are starting to take root in the country.
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