11th Circuit Weights in on “Administrative Feasibility” as a Class Certification Requirement
A frequently-debated question in the class action realm is the role in certification analysis of "administrative feasibility." Must a plaintiff show, before a class is certified, that a manageable way to contact absent class members exists?
In the Third Circuit, for example, the proposed class representative must establish feasibility...
Federal Court Hearings and Chill? Applause for More Live Streaming
The federal courts' policymaking body, the Judicial Conference of the United States, has just kicked off a pilot program in selected district courts to livestream the audio of certain court proceedings. Despite the concern expressed by some that a...
ROSS-Westlaw Copyright Feud: Approaches to Litigation Cost Management
What options does a smaller defendant have when a larger and better-funded competitor uses litigation as a means to exert financial pressure and drain resources? This scenario is one that legal AI company ROSS Intelligence, as a result of copyright litigation filed by...
How COVID-Era Technology is Driving Down the Litigation Cost Curve
In order to move cases forward during the pandemic, we have accelerated technology deployment in litigation, setting up major new efficiencies for litigants. These technologies were there in some form prior to today. But widespread acceptance was missing: in...
The Power of Theme: Epic Games Takes Aim at Apple
The lawsuit by Epic Games against Apple, challenging Apple’s strict controls on developers and the App Store’s percentage take from game revenue, shows the power of theme and coordinated message. When I read the first news accounts of the filing, they all referenced Apple’s market...