- Posts by Joseph M. Callow, Jr.Partner
Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis.
Joe primarily works on class action and complex ...
Yesterday, the Supreme Court issued its long awaited decision in American Express v. Italian Colors Restaurant. The decision is a must read for every business.
The Supreme Court has granted a certiorari petition in Mississippi v. Au Optronics Corp., S. Ct. Case No. 12-2036, and agreed to decide an issue that will impact the growing number of attorney general civil lawsuits around the country: "[w]hether a state's parens patriae action is removable as a 'mass action' under the Class Action Fairness Act when the state is the sole plaintiff, the claims arise under state law, and the state attorney general possesses statutory and common-law authority to assert all claims in the complaint."
Last week, the Sixth Circuit issued a ruling which defined the standard in the Sixth Circuit for liability under Section 11 of the Securities Act of 1933, created a circuit split, and likely garnered the attention of the Supreme Court.
For a more theoretical and mildly controversial read regarding class actions, follow the argument and articles (like the recent article in the February 8, 2010 issue of Forbes) of Northwestern University School of Law Professor Martin Redish, who is now suggesting that Rule 23 may be unconstitutional.
Justice Sotomayor wrote her first substantive opinion as a Supreme Court Justice, and it is a good read and a good wake up call for class action practitioners.
ERISA class action litigation has become a niche practice. Originally, ERISA class actions were tag-along suits in securities cases. In recent years, plaintiffs have sought to certify ERISA class actions on a broad variety of breach of fiduciary duty claims. One such variety was the "excessive fees" claim — a claim that the plan sponsor and/or administrator breached its fiduciary duty to a class of plan participants by allowing unreasonable or excessive fees to be charged to the class on the investments offered through the Plan.
Everyone practicing in this area knows that over the past several years, hundreds of "stock drop" class action complaints have been filed around the country against virtually every public company and financial institution — whether they survived the worst economic crisis since the Great Depression or not.
"Barratry" dates back to 15th Century Middle English and is defined by Mirriam Webster's Dictionary as: (1) the purchase or sale of office or preferment in church or state; (2) an unlawful act or fraudulent breach of duty by a master of a ship or by the mariners to the injury of the owner of the ship or cargo; and (3) the persistent incitement of litigation. Barratry is a common law crime in some states and a civil tort or equitable defense in others.
Over the past several years, circuit courts have started to provide more specific guidance on the countours of the "rigorous" analysis required by district courts in deciding whether to certify a class.
- Class Action Litigation
- Cybersecurity and Privacy Law
- Supreme Court
- Data Breach
- Securities Law
- Intellectual Property
- Social Media
- Trademark Litigation
- Sixth Circuit
- Initial Coin Offering
- Federal Rules of Civil Procedure
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- General Data Protection Regulation
- Securities Litigation
- Employment Law
- Workplace Accommodations
- Employer Policies
- Labor & Employment Law
- Labor Law
- Stock Drop
- Cybersecurity Regulation
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Craft Brewing
- Copyright Law
- Environmental Law
- Fair Housing Act
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Religion Discrimination
- Seventh Circuit
- Electronically Stored Information
- Americans with Disabilities Act
- Cyber Insurance
- Receivership Statute
- Business Process Improvement
- Employment Litigation
- Employer Handbook
- Employer Rules
- National Labor Relations Act
- National Labor Relations Board
- E-Discovery Project Plan
- Predictive Coding
- TAR ( Technology Assisted Review)
- Quality Representation
- Land Use & Zoning
- Construction Litigation
- Statute of Limitations
- Federal Rule
- Kentucky Restaurants Begin Opening with Limited Capacity Amid COVID-19 Epidemic
- Ohio Restaurants and Bars Begin Soft Openings for Diners Amid COVID-19 Epidemic
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know
- Rapid SEC Action Against AriseBank Reveals New Playbook For Allegedly Fraudulent ICOs
- Giga Watt ICO Faces Tezos-like Securities Litigation Challenge
- New D.C. Circuit Ruling Finds Substantial Risk of Harm Inherent to Data Breach
- Target Class Action Settlement Temporarily Upended