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  • Blog: DeclassifiedSpam or Class Action Refund? Consumers Can’t TellPosted on October 3, 2019 by John E. Goodman and Kelsie M. Overton
    Two recent studies by the FTC show that some methods for notifying potential class members of class action settlements are not as effective as courts and counsel might believe. In September, the FTC published a report on two studies it conducted surrounding the effectiveness of combined class certification and settlement notices. The Administrator Study compared... Continue Reading
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  • Blog: Capital Markets LitigationCredit Card ABS: Securitization and State Usury LawsPosted on September 24, 2019 by David Erroll
    Consumer lending as we know it today – and credit card lending in particular – depend on securitization for significant access to capital. However, the ability of banks to bundle and sell credit card debt-backed securities may be thrown into disarray depending on the outcomes of a pair of pending cases: Cohen v. Capital One...… Continue Reading The post Credit Card ABS: Securitization and State Usury Laws appeared first on Capital Markets Litigation.
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  • Blog: Appellate InsightAmicus Briefs: Friend of the District Court, Too?Posted on September 10, 2019 by Josephine Mason Petrick
    Amicus briefs are often thought of as limited to appellate courts. However, they can be useful in federal district court, too. District courts have inherent authority to allow amici curiae to participate in briefing. See, e.g., NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005). Benefits to Amici […]
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