Insights

Washington – January 10, 2024: Crowell & Moring has published Litigation Forecast 2024: What Corporate Counsel Need to Know for the Coming Year. The 12th-annual Litigation Forecast focuses on trends in intellectual property, regulatory and other U.S. litigation, with special coverage of supply chain recovery and international litigation.

Washington, D.C. – April 14, 2021: Toni Michelle Jackson, Deputy Attorney General of the Public Interest Division at the Office of the Attorney General for the District of Columbia (OAG), is joining Crowell & Moring as a partner in its Litigation and Labor & Employment groups, as well as State Attorneys General practice.  

On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, --- F.4th ---, 2023 WL 4699939 (11th Cir. July 24, 2023), not only undoes the panel’s original holding, but also reverses course from the Eleventh Circuit’s prior decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), which held that a Plaintiff who received a single text message did not have TCPA standing.  

On Thursday, February 4, the 11th Circuit held that a plaintiff cannot establish Article III standing to sue based on an increased risk of identity theft. The 11th Circuit joins the 2d, 3d, 4th, and 8th Circuit’s in rejecting standing based on such allegations. However, the 6th, 7th, 9th, and D.C. Circuit have all held to the contrary that a plaintiff can establish Article III standing when the defendant’s conduct has increased the risk of identity theft. The circuit split augurs U.S. Supreme Court intervention on this question in the coming years, if not sooner.

The COVID-19 pandemic has resulted in a massive number of unforeseen cancellations of events and the inability to use paid subscriptions, memberships, and season passes. These range from gym and amusement park closings, to postponed sports seasons, to concert and vacation travel/accommodation cancellations. We previously wrote about the impact of the postponement of the 2020 Tokyo Olympics. Putative classes of consumers have begun to seek refunds of previously paid dues and fees for cancelled events and their inability to use services, putting liquidity strains on the offering businesses. Consumers are supported by some State Attorneys General who are advocating for consumers to receive refunds, avoid cancellation fees, and to otherwise be let out of contracts involving health club memberships and theme parks and more; it would not be surprising if this list grew.

This half-day program will present four panels on hot topics in class action and mass tort litigation, including class action ethics, expert witnesses in securities class actions, and more. The panelists include federal judges, plaintiffs' and defense lawyers, academics, experts, and private mediators. 

As a result of recent significant Supreme Court rulings focusing on class actions, new strategies have emerged for defending against and resolving class actions.  This webinar will take an in-depth look at best practices and strategies to dispose of class actions at the early stages of litigation and at class certification, and to achieve court approval for class settlements.

On Thursday April 18, at 12:00 pm eastern,a cross-disciplinary team of Crowell & Moring class action trial lawyers will discuss the significance of the Supreme Court’s March 27 decision in Comcast v. Behrend.