The Employee v. Independent Contractor Issue, Part I
Upchurch Watson White & Max Blog
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3M ago
This issue is treated as an affirmative defense, meaning that it is usually a jury issue in which each side must prove its point. This adds a lot of expense and risk to cases, beginning at the summary judgment stage and especially if the issue goes t ..read more
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3rd Circuit Knocks J&J's 'Texas Two-Step' Bankruptcy 2 Steps Back
Upchurch Watson White & Max Blog
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5M ago
This procedural maneuver, unique to Texas, permits corporations to split into two new companies, one that holds only mass-tort related liabilities (in J&J’s case all talc-related liabilities) and another that holds non-talc assets and liabilities ..read more
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Supreme Court May Take up Class Representative Awards as Inter-Circuit Conflicts Emerge
Upchurch Watson White & Max Blog
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5M ago
We will be closely monitoring this fast-changing legal landscape and updating our readers on future developments ..read more
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Courts Re-Examine Long-Standing Approach of Basing Fees on Benefits Available to Class
Upchurch Watson White & Max Blog
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5M ago
In Lowery v. Rhapsody International, Inc., the Ninth Circuit reversed a $1.7 million fee award in a claims-made class settlement because only $53,000 in class benefits were distributed, despite $20 million in benefits being available ..read more
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11th Circuit Clarifies Article III Standing in FCRA Class Action
Upchurch Watson White & Max Blog
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5M ago
The 11th Circuit reversed the district court (and magistrate judge’s recommendation) and held – at least for alleged violations of the Fair Credit Reporting Act – that the mere alleged statutory violation itself is a “concrete injury” akin to the tra ..read more
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Crypto Class Actions on Rise Amid Increased Investor, Regulatory Scrutiny
Upchurch Watson White & Max Blog
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1y ago
Amid surging popularity and increased regulatory interest, virtual or cryptocurrency is facing a new legal challenge – class action lawsuits – as investors and their lawyers target this emerging asset class. In April 2020, lawyers representing inves ..read more
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Defense Class Action Spending Breaks Record, Survey Says
Upchurch Watson White & Max Blog
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1y ago
A new survey released recently reveals that defense spending on class actions in the United States has increased for the seventh straight year and has reached a record-breaking all-time high of over $3 billion in 2021. According to the Carlton Fields ..read more
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Arbitrator/Mediator Don Weidner's Paper on Special Litigation Committees Published in ABA's The Business Lawyer
Upchurch Watson White & Max Blog
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1y ago
Arbitrator/Mediator Donald J. Weidner has published a new paper, "The Unfortunate Role of Special Litigation Committees in LLCs." It may be found and downloaded here, or, if you are a member of the American Bar Association Business Law Sect ..read more
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Class Actions Spike This Year Around Collecting, Using Biometrics
Upchurch Watson White & Max Blog
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1y ago
A new report indicates that biometric data class actions have surged recently, with more than 110 such cases filed as of March 2022. This comes in the wake of a landmark $650 million biometric data class action settlement involving users of Facebook ..read more
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John Jopling, Leading North Florida-Based Lawyer, Joins UWWM as Full-Time Mediator
Upchurch Watson White & Max Blog
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1y ago
As he launches his mediation practice with Upchurch Watson White & Max this summer, Mr. Jopling reflects on the values of resolution and finality and what they can mean for litigants and lawyers ..read more
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