The landscape
Companies are facing more class action litigation in the
past few years than ever before, particularly in the areas of
consumer fraud, labor and employment, and securities.
Antitrust and product liability also comprise a significant
percentage of class action filings, and data privacy class actions
have been on the rise as companies increasingly face security
incidents and new legislation is enacted.
Over the past decade or so, the Supreme Court has imposed higher
standards for class certification and standing to sue in federal
court, as described more fully below. Defendants have leveraged
these decisions to develop defenses and defeat these cases at the
class certification or dismissal stages.