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Viewpoint: Class Actions, Reform, and the Impact on Franchisors
Since the 1960s, consumer advocates have used the tool of the class action to shepherd and win redress for those who have relatively small claims, but don't have the practical means to pursue their own individual lawsuits. The honorable intention is to notify and help vulnerable or unsophisticated plaintiffs who may not even realize they have been swindled. Class actions have won significant refunds for HMO customers, credit card and utility customers, and, of course, aided victims negligently exposed to toxic substances.
Success breeds imitation, however, and the number of pending class action lawsuits in U.S. state courts has increased by tenfold in just the last decade. These suits are still hugely popular, notwithstanding the negative publicity surrounding “coupon settlements,” collusive settlements, and the truly bizarre $10-million Alabama Bank of Boston case, wherein the mortgage escrow account holder plaintiffs won the suit, but had each of their accounts debited for $91.
Most Connecticut residents, myself included, recently became eligible for free Blockbuster video rentals due to having been unknowingly fleeced at our local video store. There is no way that the harm I suffered in paying excessive $3 fines at Blockbuster equates with the true harm suffered by a victim of negligent product liability. Yet the pointless Blockbuster case, which was said to have a face value of $460 million, clogged the Texas court docket and was pursued in 13 other state courts, perhaps lengthening the queue for justice for some truly injured victims.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.