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Articles by Andrew Trask
Third-Party Litigation Funding Justifies Cost-Shifting in Mass Tort/Class Action Discovery - Washington Legal Foundation
By Andrew J. Trask, Senior Counsel in Shook Hardy & Bacon L.L.P.’s Los Angeles office. In the American civil justice system, the party seeking discovery typically gets a free ride. Meanwhile, the responding party bears the expense of complying with an adversary’s discovery requests.
Privacy Is Power
In 1992, a group of pioneering policymakers and technologists gathered at an international conference to chart the course of a distributed computing network. The arrival of digital platforms that would enable the near-instantaneous sharing of information by millions of people and institutions globally was just around the corner. The technology seemed poised to change the world, these visionaries understood, yet the direction of change was far from certain.
FRAND goes global
By Adam D Harber, Andrew Trask and Shayon Ghosh FRAND litigation is international in nature; it is rarely restricted to the United States. Both rights holders and accused infringers must therefore think about FRAND issues globally, including the disparate ways in which FRAND issues are adjudicated in different global jurisdictions.
Patent Litigation Is Not Just for Scientists
Many view the practice of patent law as a field for specialists, reserved for the likes of former engineers or scientists, not general lawyers. The eligibility criteria for practicing before the U.S. Patent and Trademark Office—requiring a STEM undergraduate degree or similar coursework—support this common perception. Those eligibility requirements have (rightfully) been criticized as outdated and tending to exclude women and minorities from the practice of patent law.
Patent Litigation Is Not Just for Scientists
Many view the practice of patent law as a field for specialists, reserved for the likes of former engineers or scientists, not general lawyers. The eligibility criteria for practicing before the U.S. Patent and Trademark Office—requiring a STEM undergraduate degree or similar coursework—support this common perception. Those eligibility requirements have (rightfully) been criticized as outdated and tending to exclude women and minorities from the practice of patent law.
More on In re Hyundai & Kia | JD Supra
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Has the Ninth Circuit Overhauled Nationwide Settlement Classes?
Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations in the consumer-protection laws of the fifty states might predominate over common issues in the case. The ruling (by Judge Ikuta) was controversial from the start, arriving with an impassioned dissent from Judge Nguyen.
Ascertainability in 2017
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Spokeo Standing in 2017
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Meanwhile, In Class Action Scholarship …
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Arbitration Clause Cannot Bar Claims for Public Injunctive Relief
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The Ten Most Significant Class Action Cases of 2014
Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And then people take them kind of seriously. But they can be handy ways of catching trends one did not see before. And in a year that has seen the beginning of a new debate over the shape of Rule 23, looking at the trends in caselaw can be important.
Amending Rule 23: Lessons from the PSLRA
Earlier this year, it became clear that the Advisory Committee on Civil Rules is considering possible amendments to Rule 23. As Tony Lathrop’s post summarizes, the “front burner” issues at the moment largely concern class action settlements, focusing in on possible limits to cy pres relief and greater clarity on what Rule 23(e)’s “fair, reasonable, and adequate” criteria mean. I think these are great ideas for possible amendments.
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