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Recent New York Decision Provides a Reminder that the Common Interest Exception May Be Applied Narrowly in the Transactional Context

USA - July 20 2016 The New York Court of Appeals has ruled that the common interest exception applies only when two parties share privileged communications related to a...

Third Circuit: expert testimony critical to class certification must satisfy Daubert

USA - April 10 2015 On April 8, 2015, a unanimous panel of the Third Circuit Court of Appeals issued an opinion vacating an order granting class certification in In re...

Chanda A. Miller, Joanne C. Lewers, Paul H. Saint-Antoine, Todd N. Hutchison.

Recent Supreme Court decision gives competitor false advertising claims added juice

USA - June 17 2014 The U.S. Supreme Court recently issued an opinion that could have important consequences for lawsuits between competitors in the food and beverage...

Brynne S. Madway.

Bittersweet ending for plaintiffs in chocolate price-fixing litigation

USA - March 5 2014 In a February 26, 2014 Memorandum, Chief Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania...

Todd N. Hutchison.

Lack of ascertainability: a strong defense to class certification in products labeling class actions

USA - January 13 2014 On Tuesday, January 7, a California court rejected a motion for class certification in Astiana v. Ben & Jerry's Homemade, Inc., No. 10-4387, 2014 WL...

Zoë K. Wilhelm.