Collective Action, Collective Reaction: What In-House Lawyers Should Know about European Class Actions

Lisa Rickard, President-institute for Legal Reform, Chamber of Commerce of The United States of America

The scorching weather of 2019’s summer has been only one of the heat waves to strike Europe. A wave of collective redress mechanisms has been putting the heat on companies, including global actors. Class action litigation devices have been, or are being, developed for different reasons, at different speeds, and in different forms not only in the EU itself, but in most Member States. The non-unified, overlapping nature of these mechanisms produces an array of mass-action options from which claimants and their lawyers may choose. It is not surprising that several countries have emerged as hot spots for collective litigation brought, in some instances, in multiple jurisdictions. Threaded throughout these trends is the enabling presence of third party litigation funding (TPLF) in collective actions. Funder involvement boosts the stakes for companies, creating an unwelcome mouth to feed in settling these cases.

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USA Litigation Consultant September 2019 Vol.12, No. 48, Summer 2019

Lisa Rickard

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Lisa A. Rickard has served as president of the U.S. Chamber Institute for Legal Reform (ILR) since 2003. Under her leadership, ILR has developed from a strong national legal reform organization into a comprehensive, multifaceted global legal reform campaign with cutting-edge legislative advocacy, communications, and voter education initiatives. Previously, Rickard led government affairs practices for two Fortune 500 companies and was a partner in the Washington, DC law firm of Akin, Gump, Strauss, Hauer & Feld. She was named one of the US's Most Influential Lawyers by National Law Journal, and won the Burton Foundation Legend in Law award.

Chamber of Commerce of The United States of America

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ILR is a not-for-profit public advocacy organisation affiliated with the U.S. Chamber of Commerce, which is the world's largest business federation representing the interests of more than three million businesses of all sizes and sectors, as well as state and local chambers and industry associations. ILR's mission is to ensure a simple, efficient and fair legal system. Since ILR's founding in 1998, it has worked diligently to limit the incidence of litigation abuse and has been actively involved in legal reform efforts in the U.S. and abroad.

USA Litigation Consultant September 2019 Vol.12, No. 48, Summer 2019