Insights

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

Appellate: The Landscape of Pretrial Appeals Is Changing Rapidly

In class action lawsuits, much of the focus is on pretrial motions—and often, the appeal of lower court rulings on those motions. But for defendants, two trends could make it more difficult to win on those appeals.

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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

Consumer Products: Microplastics Are Ubiquitous. So, Increasingly, Are the Class Action Suits They’re Spawning

In August 2024 judge’s decision to dismiss a major class action claim against bottled water makers will likely do little to stem the flow of microplastics litigation in the year ahead, says Meshach Rhoades, managing partner of Crowell & Moring’s Denver office.

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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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