Media Mentions
2008
Michael Kendall was quoted on June 12 in Massachusetts Lawyers Weekly regarding the increase in class-action litigation, a sizable percentage of which defense lawyers and their clients claim lacks merit. Mr. Kendall noted that many law firms file cases and take "The position that they will just see what happens. It's a huge business where if you prevail in one out of every 20 cases, the payoff is going to be so high that what we've seen is there are a lot of plaintiffs willing to play that percentage." He added that just getting to the class-certification stage of a case can be cost-prohibitive. "I'm not disputing that some of these cases are very meritorious, but if you were to have some sort of control over the numbers, I think you'd see that there are a lot of misses for every hit. What people don't always realize is that a miss costs the client a lot of money to defend, even if they have done nothing wrong."
Michael Kendall, Class Action, Trial
Jeffrey F. Webb was quoted on June 12 in Massachusetts Lawyers Weekly. Mr. Webb noted that many companies agree to settle due to the high costs of reaching the class-certification stage. "Anybody who's been down this road before knows how much money it costs just to get to the class-certification stage....so you can understand why companies agree to settle. It definitely has happened that clients who have faced significant class-action litigation have had to declare bankruptcy even long before the point the determination is made of whether they did something wrong," he said. He added that with plaintiffs' lawyers in Massachusetts taking advantage of the Wage and Hour Act, the situation is not expected to improve for corporate clients. "It is a very significant concern because most of these class-action settlements become public where people see the results..." he said.
Jeffrey F. Webb, Class Action, Trial
Nancy G. Ross was quoted in the May 5 issue of The National Law Journal in an article regarding so-called hidden fees in 401k retirement plans. Plaintiffs claim it is difficult for participants to compare costs among similar plans because they see management fees as lump sums that include costs of services from different providers. Ms. Ross, who is defending Northrop Grumman in two class actions, believes that it will be difficult for plaintiffs to prove a company's negligence over excessive 401k fees, even if the company could have paid plan administrators less. "It becomes a battle of experts. Just because one expert would have done it differently does not prove the plan administrators did it wrong. Negligence is very hard to prove in the ERISA world," Ms. Ross said.
Nancy G. Ross, Class Action, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
Jeffrey F. Webb, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Steven S. Scholes was quoted in the April issue of CFO Magazine in an article regarding the unpredictably and complexity of going to trial in class-action shareholder lawsuits. As a partner in McDermott Will & Emery's Trial Department, Mr. Scholes noted that despite uncertainty, the rising costs of settling have made going to court more attractive. "The tremendous increase in the dollar value of settlements has greatly altered the economics of securities class cases. You can see how the balance would tip toward going to trial, if you have a good defense," he said.
Steven S. Scholes, Class Action, Trial
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
Jeffrey F. Webb, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
2007
David S. Rosenbloom was quoted in the May issue of Chicago Lawyer in an article regarding recent, significant trends in the practice of law in Chicago. Mr. Rosenbloom commented on major changes in the field of white-collar defense and also on the increasing diversity of Chicago firms. "I like to think that diversity is not just in response to the urgings of our clients—we recognize the need to always strive for excellence, and the more diverse group is a better group," he said.
David S. Rosenbloom, Class Action, Corporate Responsibility - SEC Enforcement, Trial
Michael Pope was quoted in an April 27 Associated Press story on the settlement of a class-action lawsuit brought by about 900,000 physicians against the Blue Cross and Blue Shield Association and 23 affiliated plans. The plans will pay $128 million to settle physicians' claims of unfair payment practices and will make changes to ensure that patients get medically necessary care. Mr. Pope said, "The Blue Cross plans have always worked with their physicians." He was also quoted about the settlement in numerous other publications, including the Chicago Tribune, the Miami Herald and The New York Times.
Michael A. Pope PC, Class Action, Insurance Disputes, Professional Responsibility, Trial
Christopher Murphy was quoted in the February 14 edition of The Christian Science Monitor in an article on the increasing pressure on some companies relating to climate change concerns. Shareholders are asking for increased disclosure of carbon emissions, and companies are facing class actions suits accusing them of contributing to global warming. Mr. Murphy said, "It's not surprising that some groups would take that approach of class action to address a large issue of public interest."
Christopher M. Murphy, Class Action, Trial
2006
Michael Pope was quoted at length in a December 2006 article in Chicago Lawyer on the Class Action Fairness Act (CAFA). Among other changes, CAFA will broaden federal jurisdiction in class actions. Mr. Pope said, "In federal court, you can have a multidistrict panel that allows for consolidation in one place. That's a goal that has been enacted."
Michael A. Pope PC, Class Action, Trial
Gordon Greenberg was quoted in the April 7 issue of the Los Angeles Daily Journal in the article, "U.S. Judge Tosses Shareholders' Class Action Suit Against Perot Systems," mentioning McDermott's representation of Perot Systems in its recent class action victory. Mr. Greenberg stated, "Perot Systems is not an energy provider and has never been found to have done anything wrong." Daniel Chammas, Richard Frey and Francisca Mok were also mentioned as members of the team representing Perot Systems.
Dan Chammas, Richard J. Frey, Gordon A. Greenberg, Francisca M. Mok, Class Action, Trial
2005
McDermott was mentioned in the September 14 issue of Handelsblatt regarding an article about the decision of the Illinois Supreme Court concerning punitive damages and class actions; our team expect consequences from this decision for the class action against Philip Morris.
Steven P. Handler PC, Michael A. Pope PC, Class Action, Trial
2004
Michael Pope was quoted in the Chicago Tribune on February 29 in an article reporting that U.S. Congress is beginning to step in on class action settlements that pay lawyers millions of dollars and give plaintiffs coupons. Congress is currently weighing changes in the rules governing such awards as part of broader legislation aimed at reforming class action laws, including linking plaintiff attorneys' fees to the value of the coupons redeemed. Mr. Pope commented that it is "quite a possibility" that the legislation could result in fewer coupon deals. If that happens it will eliminate some flexibility from the negotiation of class action settlements.
Michael A. Pope PC, Class Action, Trial
Michael Pope was quoted in the January issue of CFO Magazine regarding the Class Action Fairness Act, which seeks to limit forum shopping, in which plaintiff's attorneys file class actions in small U.S. state courts with a history of plaintiff-friendly decisions. "The legislation deals with the abuse of plaintiffs' attorneys picking judges who are incapable of dealing with national issues," Mr. Pope commented.
Michael A. Pope PC, Class Action, Trial
2002
Michael Pope was quoted in the March 6 issue of the Chicago Daily Law Bulletin in regard to Illinois Senate Bill 1127, which would replace the entire class-action code and introduce more stringent requirements for certifying and maintaining class actions. Mr. Pope told the Senate Judiciary Committee, "The number of cases being filed is too great, the ease with which large national classes are certified is too great…and the amount of money involved in these cases dwindles all prior analysis of who is responsible, who isn’t…"
