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Nevada Court Blesses Plaintiff’s Counsel Use of Facebook and Twitter to Advertise Pending Collective Action

The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the plaintiff brought a collective action under the Fair Labor Standards Act on behalf of defendant’s employees that were allegedly required to work “off … Continue Reading

IRS Says Class Action Settlement Incentive Awards in Wage Based Claims Are Taxable As Wages

On March 15, 2013, the IRS issued a private letter ruling responding to a request for a determination of whether incentive awards paid to class representatives under a settlement agreement resolving a class action suit against an employer under the Fair Labor Standards Act were wages for employment tax purposes.  In the Ruling, the IRS … Continue Reading

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

Co-authored by: Zack Rosenberg Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit.  The litigation costs required to gain dismissal of even groundless lawsuits are not insubstantial, and a defendant’s inability to fund a vigorous defense can make … Continue Reading

20 Million Reasons Why Class Action Defendants Need to Read Their Insurance Policies Closely

As previously noted in a recent blog post, defendants should immediately evaluate their insurance coverage upon receipt of a class action complaint.  But as one defendant recently discovered the hard way, that evaluation must be undertaken with great care.  In UnitedHealth Group Inc. v. Columbia Casualty Company et al., an insurer was able to avoid responsibility for its … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … Continue Reading

IRS Reporting Requirements for Class Action Settlement Payments and Court Awarded Damages

When finalizing class action settlements, or paying damage awards after a class action judgment, it is important to be mindful of the taxation of these payments and the related IRS information reporting requirements triggered by these payments. In general, businesses and persons engaged in a trade or business are responsible for filing Form 1099-MISC to … Continue Reading

Late Class Settlement Claims – To Accept or Not to Accept?

Inevitably, there is always at least one late claim form arrival in every class action settlement. This precise issue was highlighted in a recent case in the Northern District of California. In Curtis-Bauer v. Morgan Stanley & Co., No. 3:06-cv-03903, a class action settlement was reached in a racial discrimination case against financial advisors at … Continue Reading

How to Design Your Notice to Minimize Professional Objectors

By: Steven Weisbrot, Director of Class Action Services at Kurtzman Carson Consultants (“KCC”) and Carla Peak, Director of Legal Notification Services at KCC.  The views expressed are their own. Whether you love them or hate them, class action objectors exist and more than a few of them are professionals, just waiting to pick apart your settlement for … Continue Reading

The Importance of a Defendant’s Active Participation in Class Action Settlement Administration

A class action settlement has been reached. The agreement is inked. You have preliminary approval. A class action settlement administrator has been hired. In many respects, the hard part is over, but that does not mean that either the defendant or defense counsel can become complacent. There are still a variety of steps that must … Continue Reading
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