Carlton Fields released its 13th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the inception of the survey and includes information related to emerging issues in class action litigation.

Among the key highlights of this year’s survey is the continued of growth of class action spending. Class action spending increased to nearly $4 billion, making it one of the fastest-growing areas of legal spending in 2024. More companies than ever are facing class actions, and the current portfolio by company is the second-highest on record.

This year’s survey found that the percentage of companies facing class actions has reached the highest level in 13 years. Corporate counsel are anticipating unprecedented growth for their class action dockets in 2024 and are adding headcount to manage these new matters.

Other key highlights in this year’s survey include:

• Labor and Employment Drives Next Wave of Class Actions: Labor and employment is the single largest component of both matters and spending by a wide margin. Consumer fraud takes a clear second place. Securities edges out product liability and technical statutory violations.

• Class Action Settlements Plunge to Lowest Level in Six Years: The percentage of settlements continues the path down to nearly half. Companies report little interest from plaintiffs, complex claims, and a time-consuming workload as the main reasons. Alternatively, the few settlements reached in 2023 are dominated by individual settlements, which surged to 77%. Confidentiality and avoiding precedent were major motivators for the increase.

• Lower AFA Usage Continues: Only 38.2% of companies with class actions are using alternative fee arrangements. AFA usage remains at historically lower levels.

• Use of Generative AI in Class Action Defense: Data privacy dominates the expected class actions arising from the use of generative AI. Additionally, nearly 62% of companies believe outside counsel should use generative AI in some way.

• The Future of Class Actions: Two-thirds of companies expect class actions will become more complex through larger and novel claims including: AI-related, labor, data privacy, deglobalization, social media usage, and creativity from plaintiffs’ attorneys.

The 2024 Carlton Fields Class Action Survey is based on interviews with general counsel or senior legal officers at more than 300 Fortune 1000 and other large companies across a variety of industries. They shared their thoughts about class action exposure and best practices for class action management.

To download the 2024 Carlton Fields Class Action Survey, please visit http://www.classactionsurvey.com.

Duane Morris Welcomes Trial Partners Terry R. Weiss and Stefanie M. Wayco in Atlanta

ATLANTA, September 14, 2023―Terry R. Weiss and Stefanie M. Wayco have joined Duane Morris LLP as partners in the firm’s Trial Practice Group in its Atlanta office. Prior to joining Duane Morris, Weiss and Wayco were both shareholders at Maynard Nexsen PC.
“We are deepening our securities litigation practice with two talented and broadly experienced partners, and I am pleased to welcome Terry and Stefanie to Duane Morris,” said Duane Morris Chairman and CEO Matthew A. Taylor.

“We continue to see an uptick in both industry enforcement and internal investigation activity, and so we are focused on growing our roster to support clients,” said Sharon L. Caffrey, co-chair of Duane Morris’ Trial Practice Group. “Terry and Stefanie will add their significant background in the securities industry to our capabilities and expand our client base, too,” added Wayne A. Mack, co-chair of Duane Morris’ Trial Practice Group.

“Terry and Stefanie enhance our platform in Atlanta and will add to our thriving office here,” said G. Kirk Domescik, managing partner of the firm’s Atlanta office.

Terry R. Weiss has more than three decades of experience representing securities industry clients in the full spectrum of legal disputes, from regulatory and enforcement matters to internal investigations, civil litigation and arbitrations. He has represented investment advisers, prime brokers, broker-dealers and other securities industry professionals in enforcement matters before securities industry regulators such as FINRA, the SEC and state regulators. He has also served as lead counsel in more than 100 arbitrations through award and supervised hundreds more. Weiss has a subspecialty in appellate matters, having argued appeals before most of the federal circuit courts of appeal and numerous state courts resulting in decisions favorable to the securities industry. He also often leads internal investigations linked to litigation or enforcement matters.

Weiss is a graduate of Emory University School of Law (J.D., 1986) and Emory University (B.A. with high honors, 1983).

Stefanie M. Wayco represents financial services firms, investment advisers, clearing firms, broker-dealers and other securities industries professionals in a wide range of regulatory and enforcement matters, as well as arbitrations, civil litigation and internal investigations. Wayco has both worked with and litigated against securities industry regulators such as the SEC, FINRA and state regulators, among others. Her experience includes matters relating to anti-money-laundering regulations, the Bank Secrecy Act, mass actions, alternative investments, product cases, privilege issues, compliance and supervisory policies, outside business activities and financial services firms’ standard operating procedures. She also serves as secretary and advisory board member for Southeastern Women in Financial Services, an organization for women lawyers practicing in the financial services industry.

Wayco is a graduate of the University of Georgia School of Law (J.D., cum laude, 2009), New York University (M.A., 2006) and the Georgia Institute of Technology (B.S. with highest honors, 2004).

“I’m honored to be joining such a talented team in Atlanta and look forward to working closely with colleagues as we serve our clients,” said Weiss. “I was impressed by Duane Morris’ top-tier, full-service platform, and look forward to offering its many benefits to my clients,” added Wayco.

About Duane Morris

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.

Yi-Chin Ho Joins Hughes Hubbard as Co-Chair of China Practice

Los Angeles, August 22, 2023 – Hughes Hubbard & Reed LLP is pleased to announce that Yi-Chin Ho has joined as a partner in the firm’s litigation and arbitration practices in its Los Angeles office and co-chair of the China practice. Ho’s broad cross-cultural, cross-border practice focuses on representing Chinese and Taiwanese companies based in the United States and abroad in a variety of matters including antitrust and trade regulation, white collar and government investigations, securities fraud and investigations, and class action, intellectual property, and other complex business litigation.

“Hughes Hubbard is a well-respected, innovative firm with an impressive cross-border practice,” Ho said. “My presence on the West Coast will bolster the firm’s work in East Asia, including Mainland China, Hong Kong, Taiwan, and Singapore.

“Geopolitical tensions have kept most law firms away from China. I wanted to join a firm that is hungry and committed to the region. Hughes Hubbard has made a material commitment to Asia and its needs that other firms have not, recruiting key partners like China practice co-chair Christine Kang. And it is a very human firm. Hughes Hubbard lawyers do high caliber work with a highly collaborative, family feel.”

Ho has litigated commercial disputes at all stages including arbitrations, mediations, court and jury trials, and appeals in federal and state courts throughout the country, as well as before the California Courts of Appeal, the Ninth Circuit Court of Appeals and the California Supreme Court. She recently acted as counsel for Chinese clients in high-profile antitrust civil class actions and multiple U.S. Department of Justice investigation matters involving, among other key sectors, the automotive parts and technology industries. She has specific cross-cultural experience leading complex litigation matters to resolution on behalf of Chinese companies and regularly advises CEOs and C-suite executives in high conflict crisis management situations using a keen level of creativity and practical nimble thinking to achieve her clients’ commercial business objectives. She plays a broader role as a strategic business advisor, helping clients grow and achieve their goals. This has kept Ho by the side of many clients for more than 20 years. In addition to serving clients and co-chair of the China practice, she will help guide the firm’s expansion in the region as Chair, Asia Practice Development.

“Yi-Chin’s unique experience will strengthen the firm’s litigation and arbitration practices and provide an important presence for us on the West Coast that will extend to the Pacific Rim,” said Kevin Abikoff, deputy chair of Hughes Hubbard and co-chair of the firm’s Anti-Corruption & Internal Investigations and Securities Litigation practice groups. “She also brings valuable expertise in antitrust matters, having worked on several civil class action and U.S. Department of Justice investigation matters.”

“We are thrilled to have Yi-Chin join Hughes Hubbard,” said Ted Mayer, chair of Hughes Hubbard. “In addition to her extensive experience and impressive client list, Yi-Chin has a unique language and bicultural skillset, as well as a strategic, business-minded approach that will help the firm make further inroads into sophisticated markets in the Pacific Rim. We are eager for her to take a leading role in expanding our litigation practice in Los Angeles as well as in growing our Asia reach.”

Ho is a native speaker of Mandarin and Taiwanese. She is a frequent speaker on legal issues affecting Chinese businesses and has been quoted and interviewed by the Chinese Daily News, World Journal and Taiwan Economic Daily News, in addition to other leading Chinese news and media outlets.

Ho earned her B.A. at University of California, Berkeley and her J.D. at University of California, Hastings College of the Law.

Greensfelder is pleased to announce that Ryan Gordon has joined the firm’s St. Louis office as an associate in its Business Services group.

Ryan plays a pivotal role on buy- and sell-side transaction teams and has experience ranging from high-value asset sales and equity-based mergers to private equity investments. His skillset includes detailed review of transaction documents, drafting of crucial deliverables, and performing comprehensive due diligence reviews.

Ryan has represented clients in large commercial mortgage-backed securities transactions and small-market reorganization and corporate governance matters. He has experience with conducting extensive research on intricate legal matters and skillfully conveying outcomes in a timely and effective manner to both legal professionals and clients.

Ryan is a member of Bar Association of Metropolitan St. Louis and the American Bar Association.

Ryan received his J.D. from The University of Kansas School of Law and his bachelor’s in business administration from Truman State University. During his time at the University of Kansas School of Law, Ryan was an intern for the Honorable Kevin Moriarty in the Johnson County, Kansas District Court, then served as a financial services intern at the Missouri Attorney General’s Office.

Buchalter is pleased to welcome new Shareholders Agustin Ceballos and Daniel Silva to the firm’s San Diego office. Ceballos joins as a member of the Corporate and Tax, Benefits and Estate Planning practice groups, and Silva is a new member of the White Collar & Investigations and Litigation practice groups.

“We are delighted to welcome Agustin and Daniel,” said Adam Bass, President and Chief Executive Officer of Buchalter. “Agustin has a deep knowledge of corporate and tax matters, and Daniel has extensive trial and investigation experience. Their exceptional skills and experience align perfectly with our firm’s commitment to excellence and providing comprehensive legal solutions.”

Ceballos has a proven track record of providing exceptional counsel to clients in a wide range of complex tax and estate planning matters. His representative work includes advising on multi-generation succession planning for foreign nationals, cross-border estate and tax planning, compliance with FATCA and CRS regulations, structuring U.S. and Mexican investments, tax implications of business operations for foreign investors, and more.

He has been well-recognized for his achievements, including receiving the Fulbright Garcia-Robles Scholarship. He actively participates in professional organizations such as the State Bar of California’s International & Taxation Law Sections and the San Diego County Bar Association, where he serves on the Executive Committee for the International Law and Immigration Section of the California Lawyers Association

“I am honored to join Buchalter and its esteemed Corporate and Tax, Benefits and Estate Planning practice groups,” said Ceballos. “Buchalter’s reputation for excellence, its commitment to client success, and its collaborative approach to problem-solving make it an ideal platform for serving clients effectively. I look forward to working alongside talented colleagues and providing strategic counsel to our clients.”

Silva is a former financial crimes prosecutor and in-house global risk counsel at an international financial technology company with extensive trial, investigation, and risk assessment experience. As an Assistant U.S. Attorney in San Diego, he led hundreds of investigations into financial crimes, anti-money laundering (“AML”) violations, fraud, and forfeiture, often involving cooperating witnesses and whistleblowers. Many of his cases worked conducted in parallel with federal law enforcement agencies and financial regulators like the SEC, FinCEN, federal and state tax authorities, OFAC, and banking regulators. He has received some of the highest awards these agencies could bestow. After leading many of the most influential AML prosecutions in the U.S., Silva has been retained as an expert witness, taught at law schools in the United States and Mexico, and trained prosecutors, financial professionals, investigators, and foreign law enforcement.

“Buchalter’s White Collar & Investigations team continues to expand its areas of expertise, as well as the size and sophistication of matters it handles. I am thrilled to add my skills to the team and eager to put that experience to work on behalf of clients as they navigate all their criminal, civil, regulatory, and forfeiture issues,” added Silva.

In addition to representing businesses and individuals in complex criminal, civil, and forfeiture litigation, Silva advises clients engaged in regulatory enforcement actions and internal investigations. He draws on his prior role as risk counsel for Stripe—a global financial technology (“fintech”) and payments company—to provide first-hand guidance to digital startups, emerging payment and finance systems, and web3 companies.

“Both Augustin and Daniel are impressive additions to the Firm and in San Diego,” added Bass. “Further expansion of our footprint in San Diego is underway, and we are excited about our plans for continued growth.”

“Brad Pitt and his Make It Right Foundation, who were sued in 2018 over shoddy homes they built in New Orleans after Hurricane Katrina, settled their lawsuit for $20.5 million. The preliminary settlement, which still needs to be approved by a judge, will be funded by Global Green, an environmental non,” reports Jessica Bennett in Page Six.

“Has agreed to cover the settlement which will rectify the defects on the homes. According to The Times-Picayune/The New Orleans Advocate, the program’s 107 homeowners will be eligible to receive $25,000 each as reimbursement for previous repairs. I am incredibly grateful for Global Green’s willingness to step up and provide.”

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“Capital One’s infamous 2019 data breach exposed the personal information of more than 100 million people and resulted in a class-action lawsuit that’s been tentatively settled to the tune of $190 million. Plaintiffs in the case claim a hacker never would have been able to break into Capital One’s cloud computing,” reports Dan Avery in CNET.

“Which were hosted on Amazon Web Services, if the company had taken adequate cybersecurity measures. In their complaint, they allege Capital One “knew of the particular security vulnerabilities that permitted the data breach, but still failed” to protect customers, putting millions at risk for fraud and identity theft. Neither Capitol One.”

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“A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot Games. The lawsuit, filed in 2018 after an expose into so called bro culture at Riot,” reports Aimee Bierman in JD Supra.

“Asserted that the company discriminated against female employees when it promoted men more than women and demoted women who were similarly qualified to their male counterparts, and subjected women to a hostile work environment. The named plaintiffs, Melanie McCracken a then-current employee and Jessica Negron a former.”

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“Last year, Apple agreed to pay retail workers in California $30 million to settle a lawsuit over its bag check policy. That settlement has now been approved by a US District Court judge and will see workers receive an average payment of $1,328 while the lawyers in the case will rake in $10 million,” reports Chance Miller in 9 To 5 Mac.

“This has been an incredibly long-running lawsuit, with employees first filing the class action suit against Apple in 2013. According to the employees, Apple forced retail employees to search before leaving for the day, including searches of their bags, purses, backpacks, brief cases, and personal Apple devices. Apple claimed that the searches.”

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“A federal judge in California has preliminarily approved a $24 million settlement between the U.S. women’s national soccer team (USWNT) and governing body U.S. Soccer in a years-long dispute over equal pay for female athletes. U.S. Central District of California Judge Gary Klausner granted a motion,” reports Reuters in their blog.

“Approve the landmark settlement filed by the players on Thursday and scheduled a hearing on Dec. 5 when he is expected to give final approval to the settlement. The unopposed settlement agreement accomplishes the plaintiffs goal for litigation equal pay he wrote in his order. The court is satisfied that the settlement is a fair and reasonable.”

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“Las Vegas City Councilwoman Victoria Seaman must be crestfallen. Her best efforts to hand a local developer and political benefactor a bale of money to call off the dogs of litigation over the fate of the former Badlands Golf Course busted out just a day before delivery. Seaman didn’t exactly,” reports John L. Smith in The Nevada Independent.

“In the name of fiscal responsibility, she had what she described as a negotiation with EHB Companies to dismiss with prejudice a series of lawsuits, one of which has gone against the city and is on appeal at the Nevada Supreme Court, in exchange for a package worth at least $64 million. That includes a $49 million. settlement and another.”

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“After nearly four years in bankruptcy, Sears Holdings and its one-time creditors said they have reached a settlement with its former CEO and majority owner Eddie Lampert and other investors. If approved by a federal bankruptcy judge, the settlement could resolve years-long litigation filed against,” reports Ben Unglesbee in Retail Drive.

“Lampert and other defendants over allegations of asset stripping and rank self-dealing in the years leading to Sears Holdings’ 2018 bankruptcy. The settlement would pay plaintiffs $175 million. Of that, $125.6 million would come from insurers, $41.9 million would come from the defendants and $7.5 million would come from shareholding.”

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“A long-running $2.7 billion antitrust settlement against Blue Cross Blue Shield has been finalized in federal court. U.S. District Court Judge R. David Proctor in Alabama handed up the order on Tuesday, with the settlement to go into effect in 30 days. Proctor also awarded legal fees of $626M,” reports Susan Morse in Health Care Finance News.

“They paid out of the settlement fund and cost and expenses of $40 million. The $626 million represents 23.47% of the settlement fund. On its website, BCBS said, “The settlement received final approval on August 9, 2022. Payments from the settlement will be made to Class Members who submitted valid claims only after any appeals if filed.”

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“Boies Schiller Flexner, Hausfeld and other law firms will split more than $667 million in attorneys’ fees and costs for work on long-running antitrust litigation involving Blue Cross Blue Shield Association, after an Alabama federal judge granted the request on Tuesday. U.S. District Judge R. David Proctor in,” reports Sara Merken in Reuters.

“Birmingham awarded lawyers the requested sum of about $627 million in attorneys’ fees and more than $40 million in costs and expenses. The combined payout came out to 25% of the $2.67 billion settlement fund, according to the order. Proctor gave final approval to the settlement in the nine-year-old litigation, which resolves allegations.”

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“The U.S. Justice Department has dismissed its own appeal challenging a $21 million settlement between the trustee overseeing the dissolution of defunct law firm Le Clair Ryan and alternative legal services company United Lex. The May 2022 settlement resolved claims by Le Clair Ryan bankruptcy trustee Lynn,” reports David Thomas in Reuters.

“Tavenner that a 2018 joint venture between United Lex and Le Clair Ryan hastened the law firm’s demise. The settlement included a $10.5 million payout to attorneys at Quinn Emanuel Urquhart & Sullivan representing Tavenner. The U.S. Trustee’s Office, which is part of the Justice Department, objected to Tavenner’s settlement.”

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“Facebook, now known as Meta Platforms, agreed to pay $90 million to resolve claims alleging unlawful user tracking on non-Facebook websites. The settlement benefits people who were Facebook users between April 22, 2010, and Sept. 26, 2011, inclusive, and visited non-Facebook websites that,” reports Top Class Actions in their blog.

“The settlement benefits people who were Facebook users between April 22, 2010, and Sept. 26, 2011, inclusive, and visited non-Facebook websites that displayed the Facebook Like button. Facebook is a social media platform used by billions of people around the world. This class action lawsuit against Facebook alleges that it tracked user activity.”

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“A new nationwide Anti-Robocall Litigation Task Force has been created, looking to crack down on the calls that lead to an estimated $29.8 billion stolen through scam calls each year, according to the National Consumer Law Center and Electronic Privacy Information Center. The task force which is compose,” reports Jon Styf in The Center Square.

“All 50 state attorneys generals will work to go after bad actors in telecommunications and will work to cut down the number of robocalls that residents throughout the United States receive. Robocalls aren’t just an Illinois problem. They are a nationwide problem, said Illinois Attorney General Kwame Raoul. That is why I am proud to join.”

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“Fairlife, parent company Coca-Cola and other defendants agreed to pay $21 million to resolve claims that they lied to consumers about mistreating cows. The settlement benefits consumers who purchased Fairlife or Fair Oak Farms milk products on or before April 27, 2022. The settlement covers milk, ice,” reports Top Class Actions in their blog.

“Butter, yogurt and other dairy products from both Fairlife and Fair Oak Farms. A full list of included products is available on the settlement website. According to a multi district litigation against Fairlife, Fair Oak Farms, Coca-Cola and other companies, Fairlife and Fair Oak Farms milk products use false advertising that promises the milk.”

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“Survivors and bereaved family members secured a settlement of over $1 billion in their class action lawsuit over the 2021 collapse of Champlain Towers South. The settlement benefits a large group of individuals affected by the Champlain Towers South collapse. This includes unit owners, residents,” reports Top Class Actions in their blog.

“Anyone who was present at the time of the collapse, those injured in the collapse (physically or emotionally), those who suffered personal property damage and those who suffered economic damages from the collapse. The class also includes representatives of these individuals, including surviving family members of deceased victims. On June 24.”

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“Nutri Bullet LLC has agreed to a $10 million class action lawsuit settlement to resolve claims some of its blenders are prone to overheating. The class is made up of anyone who purchased, for non-commercial use and not for resale, any new or reconditioned 600 or 900-watt Nutri Bullet blender. the United,” reports Top Class Actions in their blog.

“Nutribullet makes a viriety of small appliances and related products such as juicers, food processors, smoothie mixes, supplements and more. However, according to the plaintiff in a class action lawsuit, Nutri Bullet should be letting consumers know not to operate certain blender models continuously for more than one minute.”

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