Clyde & Co

All articles about Clyde & Co.

Frederick Fein of Clyde & Co argues that large public companies are especially vulnerable to nuclear verdicts – exceptionally high jury verdicts (>$10m) that exceed what most would consider reasonable – which show no sign of slowing down, with drivers including rising corporate mistrust, growth in third party litigation funding and fake advertising.
Ronan Guyomarc'h, Janette McLennan and Christopher Smith of Clyde & Co analyse the first successful application for contingency fees made in an Australian shareholder class action after the Supreme Court of Victoria approved an application for a group costs order (GCO). The team predicts that there will be a rise of greater competition between law firms prepared to act on a contingency fee basis on the one hand and litigation funders on the other. They expect the decision to add to the popularity of the Supreme Court of Victoria as a venue for class actions and give rise to ‘forum shopping’ between that Court and the Federal Court.
Jan Spittka of Clyde & Co predicts that General Data Protection Regulation (‘GDPR‘) could lead to a potential for mass litigation in Germany. GDPR, which provides for material and non-material damage claims in case of an infringement of said Regulation, has seen these damage claims to be quite dormant for a while. When affected individuals go to court it is mainly to enforce data subject rights such as access to or erasure of personal data. Jan writes that in Germany it seems that this is about to change, with courts becoming more and more generous when awarding damages. This has triggered the interest of a ‘claimant industry’ consisting of specialised claimant-side law firms, litigation funders and legal tech companies.
Stuart Maleno and Dakota Glasgow-Simmonds of Clyde & Co comment on a group action currently being spearheaded in the UK by law firm Harcus Parker on behalf of over 200,000 borrowers who allege that the defendant lenders failed to treat them fairly, and anticipate further similar claims to be brought in the near future given the quantum of potential damages and the fact that some litigation funders are reportedly already alert to this "mortgage prisoner" issue.

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