In 2019, my colleague, Kevin Skrzysowski, wrote on this site about the risks of a consumer product class action settlement going viral. At that time, he was describing how feeder websites, social media, and the internet were all contributing to increasing take rates....
How Do Companies and In-House Departments Assess Legal Risk?
Certum Group, which provides bespoke risk transfer solutions for companies facing the uncertainty of litigation, has launched its second annual Litigation Risk Survey to understand how companies and in-house departments assess litigation risk. Last year, general...
Claims-Made Settlements Are More Common Than You Think
Class action lawsuits are usually resolved with one of two settlement structures: common-fund settlements or claims-made settlements. A simple way to think about the difference between the two is that the former is for a fixed amount while the cost of the latter is...
One Last Bite at the Apple: ViSalus and the $925 million TCPA judgment
The TCPA’s Statutory Scheme Many ink barrels have been spilled on the risks posed by the Telephone Consumer Protection Act (“TCPA”). For those unaware, the TCPA protects individuals and businesses from those insidious and unwanted robocalls, texts, ringless...
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