Insights on Complex Litigation

The Latest Trends and Developments in the Class Actions World

ArentFox Schiff is pleased to announce the addition of Partner Eric Fishman to the firm’s Sports group in New York. Eric has counseled some of the world’s most renowned athletes and sports organizations on a range of high-profile matters, from corporate deals to strategic transactions.

Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum agricultural industry — 12.5% of all agricultural production nationwide. Employers using seasonal workers are always at risk of wage/hour class action lawsuits.

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class counsel, class representatives, or defendants.

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”

Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they should be classified as employees, and thereby receive benefits.

Fashion Counsel

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing post-termination non-competes.

ArentFox Schiff is pleased to announce that Partner and Executive Committee Member Imron Aly has been ranked as an IAM Global Leader in Illinois for 2023.

Four ArentFox Schiff attorneys have been named “Go-To Thought Leaders” in 2022 by National Law Review, which honors excellence in legal news and analysis.

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. 

ArentFox Schiff is pleased to announce the election of 13 new partners, effective January 1, 2023.

ArentFox Schiff is pleased to announce the addition of Partner Huhnsik Chung to the firm’s Complex Litigation and Insurance & Reinsurance groups. Based in the New York office, Huhnsik brings more than three decades of experience advising clients nationally and internationally.

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time, avoiding liability continued to be a challenge for businesses defending BIPA cases

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled as made from environmentally friendly materials.

As discussed in a blog post last year, Uber learned the hard way that with online agreements, it can take more than a simple provision stating “all disputes must be arbitrated” to ensure that your customers cannot sue you in a court of law.

ArentFox Schiff is pleased to announce that Partner Bernice K. Leber has received special recognition that is awarded annually to a female litigator who has distinguished herself in Federal or State Courts in New York and shown a commitment to mentoring young attorneys in the legal community.

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”

Many states are now enacting laws to further promote pay transparency, and if you have employees in those jurisdictions, you need to take note. Not surprisingly, California’s Pay Transparency Act is a leading example of this and has a number of important and new requirements.

Holton-Arms, an independent college-prep school for girls and young women, has been awarded $2.5 million in damages from construction company HSU Contracting, LLC after the court upheld Holton-Arms’ termination for cause of HSU’s construction contract and claims for damages.

ArentFox Schiff is pleased to announce the firm is being recognized by Global Citizen Experience (GCE) Lab School in Chicago for donating more than $250,000 in pro bono legal services. 

While I can’t remember anything specific from my 1-L Contracts class, I’m sure that is where I first was exposed to the concept that an integration clause could prevent a party to a written contract from claiming that other terms had been agreed to orally but, for some reason, had not been memorialized in the document.

In an article for the American Bar Association’s Franchise Law Journal, Partner Ann MacDonald and Kylie Wood discuss the challenges franchise entities face when participating in Rule 30(b)(6) depositions, and how thoughtful preparation helps franchisors avoid common pitfalls.

Michael Showalter and his co-host will lead a panel discussion on citizen suits under environmental laws, on October 4, 2022.

ArentFox Schiff is pleased to announce the expansion of its Intellectual Property Litigation group with the addition of Partner Christopher S. Schultz in the firm’s Boston office.