Publications Archive

Ninth Circuit: Central District of California’s 90-Day Deadline to Move for Class Certification Incompatible with Rule 23
By: Adam Polk
American Bar Association Practice Points, 10.2018
Duke Law Proportionality Guidelines and Best Practices
By: Dena Sharp
Duke Law Judicial Institute (editorial board), Ongoing
“Fourth Circuit: No Presumption of Timeliness Where One Class Action Plaintiff Moves to Intervene in Another Class Action Prior to the Opt-Out Deadline”
By: Adam Polk
American Bar Association Practice Points, 07.2018
“Supreme Court to Review Cy Pres-Only Settlement in Google Privacy Case”
By: Simon Grille
American Bar Association Practice Points, 07.2018
“California Supreme Court: Unnamed Class Members Must Intervene or Move to Vacate to Gain Right to Appeal Class Settlements”
By: Adam Polk
American Bar Association Practice Points, 05.2018
“U.S. Supreme Court Hears Oral Argument in China Agritech Tolling Case”
By: Simon Grille
American Bar Association Practice Points, 05.2018
Course Correction—Data Breach as Invasion of Privacy
By: Jordan Elias
69 Baylor L. Rev. 574
Tilting at Windmills: Nationwide Class Settlements After In re Hyundai and Kia Fuel Economy Litigation
By: Jordan Elias (co-author), Adam Polk (co-author)
ABA Section of Litigation, Class Actions & Derivative Suits
“Ninth Circuit.” Survey of Federal Class Action Law
By: Jordan Elias (co-author), Adam Polk (co-author)
American Bar Association
The Sedona Principles: Best Practices and Principles for Electronic Document Production (Third Edition)
By: Dena Sharp (co-author)
The Sedona Conference, 01.2018
Supreme Court Issues a Pair of Unanimous Arbitration Decisions
ABA Section of Litigation, Class Actions & Derivative Suits
“Ninth Circuit: No Formal Motion for Reconsideration Needed to Toll 23(f) Deadline”
By: Adam Polk
American Bar Association Practice Points, 09.2017
“Eighth Circuit Clarifies CAFA’s Local-Controversy Exception Applies to Local Citizens, Not Mere Residents”
By: Adam Polk
American Bar Association Practice Points, 05.2017
The Ascertainability Landscape and the Modern Affidavit
By: Jordan Elias
84 Tenn. L. Rev. 1
“Shrink-Wrap Arbitration Clauses Must Be Conspicuously Displayed: Ninth Circuit”
By: Adam Polk
American Bar Association Practice Points, 04.2017
“Predispute Arbitration Clauses Targeting Public Injunctive Relief Are Unenforceable: CA Supreme Court”
By: Adam Polk
American Bar Association Practice Points, 04.2017
“Ninth Circuit: Cy Pres Awards Must be Tailored to Plaintiffs’ Claims to Justify a Class Action Release”
By: Adam Polk
American Bar Association Practice Points, 02.2017
“Rule 23 Does Not Include an ‘Administrative Feasibility’ Requirement: Ninth Circuit”
By: Adam Polk
American Bar Association Practice Points, 01.2017
“Ninth Circuit: Delegation Clauses Are Arbitrable”
By: Adam Polk
American Bar Association Practice Points, 10.2016
“Third Circuit: Six Factors Decide Rule 23(a)(1) Numerosity”
By: Adam Polk
American Bar Association Practice Points, 10.2016
“Do We Really Need Two Rounds of Largely Duplicative Briefing?”
By: Adam Polk
ABA Section of Litigation, Class Actions & Derivative Suits, 10.2016
“Ninth Circuit Issues Ruling on Post-Campbell-Ewald Rule 68 Offers”
By: Adam Polk
American Bar Association Practice Points, 05.2016
“Supreme Court Rules Certain Securities Cases May Proceed in State Court”
By: Adam Polk
American Bar Association Practice Points, 05.2016
California State Antitrust and Unfair Competition Law
By: Jordan Elias (contributing author)
2012 – 2015
California Class Actions and Coordinated Proceedings
By: Jordan Elias (contributing author)
2010 ‒ 2015
Putting Cipro Meat on Actavis Bones: A Case Study in Filling in the Legal Gaps
By: Jordan Elias
24 No. 2 Competition 1 (Antitrust & Unfair Competition Law Section, State Bar of California)
“Taxation of e-Discovery Costs Under 28 U.S.C. 1920(4): A Cost Shifting Trap for the Unwary”
By: Dena Sharp (co-author), Elizabeth Kramer (co-author)
American Association for Justice Class Action Litigation Newsletter, 07.2015
Welcome to the Jungle: CAFA Exceptions
The Class Action Fairness Act: Law and Strategy (ABA 2013)
“Writing Effective Discovery Motions”
By: Dena Sharp (co-author)
AAJ Women’s Trial Caucus, 08.2013
“The Limited Scope of the Ascertainability Requirement”
By: Jordan Elias (co-author)
ABA Section of Litigation, Class Actions & Derivative Suits
“Advocate’s Guide to the National Mortgage Settlement’s Servicing Provisions (Part 3),”
By: Angelica Ornelas
National Consumer Law Center eReports #11, 01.2013
“Managez efficacement vos litiges d'affaires”
By: Daniel C. Girard
Extrait du magazine, Decideurs N121 , 11.2012
“Four Views of Consumer Fraud”
By: Dena Sharp (co-author)
CAOC's Forum Magazine, 05.2012
“Limiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules”
By: Daniel C. Girard
University of Denver Law Journal, 05.2011
“Litigation and International Arbitration: Acquiring the Right Reflexes” (Contentieux et Arbitrage International: les bons réflexes à acquérir) Paris, France
By: Daniel C. Girard
03.2011
“Co-author, Managez efficacement vos litiges d’affaires ”
By: Daniel C. Girard (co-author)
Extrait du magazine, Décideurs N°121, 11.2010
“Ethical Issues in E-Discovery”
Thomson Reuters, Electronic Discovery and Records Retention Conference, 12.10.2008
“Stop Judicial Bailouts”
By: Daniel C. Girard
The National Law Journal, 12.2008
“How the Economic Crisis is Affecting U.S. Class Actions”
By: Daniel C. Girard (contributor)
Asset Managers Working Group on U.S. Class Actions, 10.2008
“Billions to Answer For: The auction-rate securities debacle stuck investors with a real need for representation”
By: Daniel C. Girard
Legal Times, 09.2008
“Electronic Discovery and the Amended Rules After a Year...What's New? What's Next?”
By: Daniel C. Girard
West LegalWorks- Emerging Ethics Issues in E-Discovery, 02.2008
“Appeal This: When Can a District Court Include Attorney’s Fees in an Appellate Bond?”
By: Daniel C. Girard (co-author), Dena Sharp (co-author)
The Consumer Advocate, Volume 14, No. 2, 01.2008
“Legitimate Businesses can Behave Badly”
By: Daniel C. Girard
American Bar Association Business Law Section, 05.1998
“Recent Developments in Class Action Litigation: Mandatory Certification in Complex Securities and Mass Tort Cases”
By: Daniel C. Girard (co-author)
Inside Litigation, 09.1992
“Toward Lomé III: Perfecting the European Community’s African Partnership”
By: Daniel C. Girard
16 Case W. Res. J. Int’l L. 459, 1984

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