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Thoughts & Comment

Class actions

Employee Arbitration Contracts Survive Intense Questioning by Supreme Court

Employers seem poised to overturn an Obama-era rule prohibiting individual arbitration in employment contracts after the U.S. Supreme Court heard arguments in a trio of cases over whether New Deal-era labor laws protect the rights of employees to join in Read more…

By dan@waldenconsultants.com, 8 years ago
The Law

PwC Lawsuit Tests Whether Auditors Must Guarantee Against Fraud

Auditors are paid to make sure a company’s books are accurate. Fraud artists specialize in misleading auditors. So should an auditor pay for the damages caused by a fraud artist? That’s the question that may be decided in a trial Read more…

By dan@waldenconsultants.com, 8 years ago
Class actions

7th Circuit Dumps Subway `Footlong’ Settlement; Will Judges Get The Message?

The Seventh Circuit Court of Appeals today issued an emphatic ruling rejecting a class action over Subway’s “footlong” sandwiches that, amazingly enough, sometimes come up short. In so doing, the influential Chicago court put the judges in its district, and Read more…

By dan@waldenconsultants.com, 8 yearsAugust 25, 2017 ago
The Law

Will Jerry Brown’s Legacy Be A Pro-Plaintiff California Supreme Court?

At the end of this month, California Supreme Court Justice Kathryn Werdegar is scheduled to retire, giving Gov. Jerry Brown the opportunity to appoint his fourth justice to the highest court in the nation’s most populous state, ending a Republican Read more…

By dan@waldenconsultants.com, 8 years ago
Our crazy tort system

Climb A Tower Illegally, Get Shocked, Get A Shot At $20 Million

(Note: The jury ultimately tossed this case on Aug. 22, refusing to find the railroad responsible) NEW HAVEN, Conn. (Legal Newsline) – The facts in Colon v. Metro-North Commuter Railroad are as clear as a jolt from a high-tension power Read more…

By dan@waldenconsultants.com, 8 yearsAugust 16, 2017 ago
The Law

U.S. Judges Could Learn From U.K. Court’s Rejection Of MasterCard Class Action

It was an absurdly large lawsuit covering an absurdly large class: U.S. law firm Quinn Emmanuel wanted to sue MasterCard for 14 billion British pounds on behalf of roughly 70 percent of the U.K. population, which was supposedly overcharged over Read more…

By dan@waldenconsultants.com, 8 yearsAugust 9, 2017 ago
Securities

Can FINRA exploit loophole the Supreme Court closed for SEC?

My latest piece on Legal Newsline: WASHINGTON — The U.S. Supreme Court closed a loophole when it ruled in Kokesh v. SEC that the Securities and Exchange Commission is limited to a five-year statute of limitations even in disgorgement orders. Read more…

By dan@waldenconsultants.com, 8 years ago
The Law

The News Business Wants An Antitrust Exemption, But Is It Prepared For Congressional Meddling?

The four major professional sports leagues have it. The insurance industry has it. Now the news media industry wants it, too: An exemption from federal antitrust laws so companies that are primarily in the business of gathering news can negotiate Read more…

By dan@waldenconsultants.com, 8 years ago
National security

Anti-Trump Leaks Were More Like A Flood, But Will Anyone Pay?

A report out from U.S. Sen. Ron Johnson, Republican of Wisconsin and head of the Homeland Security Committee, details just how leaky Washington has gotten in the Trump era. The top-line number: In Trump’s first 126 days in office unnamed Read more…

By dan@waldenconsultants.com, 8 yearsJuly 7, 2017 ago
The Law

Syngenta Ruling Exposes Biotech Firms To Whims Of Foreign Regulators

My latest post on Legal Newsline: Jurors applied centuries-old concepts of negligence and liability to find that Syngenta, a Swiss agricultural products giant, should have known China would reject imports of any farm products tainted with its Viptera seed, which Read more…

By dan@waldenconsultants.com, 8 yearsJuly 6, 2017 ago

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Recent work
  • Public Nuisance Theory Fails In Court, Wins Billions In Settlements
  • Opioid Judge Tells Pharmacies: Pay Billions, Or Risk Bankruptcy
  • Judge Sees Trouble In Teacher’s Wi-Fi Exposure Lawsuit
  • Plaintiff Lawyer Dishes Out Fierce Criticism Of Multidistrict Litigation
  • Long-Running Whistleblower Case Yields Zero Damages For Plaintiffs, But Might Earn Millions For Their Lawyers
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