Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Coupon Settlements: Discount or Discontent?

Congress passed the Class Action Fairness Act of 2005 (“CAFA”) with the hope of preventing abuse in class action lawsuits. CAFA assigns jurisdiction to federal courts over class actions where: (i) the aggregate amount in controversy exceeds five million dollars ($5,000,000); (ii) the class comprises at least 100 plaintiffs; and (iii) there is at least … Continue Reading

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

I. The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the United States. Generally, the attorney-client privilege shields from disclosure confidential communications between attorneys and clients for the purpose of seeking or rendering legal … Continue Reading