Congratulations, Eric and Robby! Law360 has named Eric Kafka, a partner in our Consumer Protection practice, and Robert Braun, a partner in our Antitrust practice, Rising Stars for 2024. Winners were selected based on their career accomplishments in their respective practice disciplines. + Eric A. Kafka – Class Action + Robert A. Braun – Competition About our Law360 Rising Stars Eric is litigating some of the country’s most cutting-edge #consumerprotection #classactions against industry giants in #tech and #consumergoods. Recently court-appointed to lead some of these cases, Eric is also widely respected in the plaintiffs’ bar for his leadership role with experts, particularly on consumer class certification, economic damages, computer source code, and chemistry. Robby is litigating industry-changing #antitrust class actions on behalf of individuals and businesses harmed by #pricefixing and other illegal corporate behavior. Respected for his analysis of legal and economic issues and creativity, Robby is helping lead groundbreaking antitrust class actions in the residential #realestate industry. Thus far, he has helped home sellers achieve more than $952.5M in settlements against the National Association of Realtors and the nation’s largest real estate brokers, as well as sweeping industry reforms. Read more --> https://bit.ly/4bKPvbD
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One of the big points in this lawsuit was about how brokers and agents all got together to collude on commission rates, breaking antitrust laws. Essentially, what these attorneys suggested that 1.6 million real estate agents got together in a room (can’t imagine how big that would have to be) and had a conversation about fixing the prices of commission rates. It’s silly to think about, isn’t it? Obviously, agents didn’t do that, but they are claiming that they did through training, websites, and so on. This got us thinking. Read our full article here: https://buff.ly/3SpHbZ1 #RealEstateCoach #RealEstateSpeaker #RealEstateTraining #AntitrustLawsuit
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Need something to read while you're drinking your coffee ☕ or watching your kids' soccer ⚽ practice this morning? Heather Lamberg, Jamillia Ferris, and I have written a piece in Law360 covering the hottest of the hot moments from the 2024 ABA Antitrust Spring Meeting (and surrounding events). Here's the TL;DR: --Guideline 2 addressing closeness of competition may be a "sleeper" depending on how you interpret the comments of agency officials; a merger challenge that does away with "superfluous and unnecessary fights about market definition." Oh my! --Merger remedies in the US may be back (possibly, maybe, sometimes, when the moon and the sun align perfectly as in a total solar eclipse, it depends...) --The changes to the HSR form could be less drastic than last summer's draft threatened, and they're coming out soon (constantly hits refresh on the FTC's website for the next few weeks until they're released)! --The US agencies are actively detecting and prosecuting domestic and international cartels using new tools (including technology) and adding more resources --State AGs are getting into the game of criminal enforcement as well --DOJ has filed statements of interest in a variety of cases involving collusion via algorithm, an important development for how companies operate in the digital era --DOJ is still willing to talk before indictment, contrary to popular belief #law360 #antitrust #Mergersandacquisitions #cartelenforcement #Freshfields
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Curious about the latest in pricing and disclosure practices? Regulators and plaintiffs are focusing their attention on recent pricing and disclosure practices, including "junk fees," automatic renewals, negative option plans and the use of "dark patterns," all scrutinized for their consumer impact. Join Alysha Manji-Knight for a panel discussion at the ABA Antitrust Law Section Spring Meeting, “The Price Is Right (Or Is It?),” on April 10. This session promises an in-depth exploration of the legal landscape governing these practices, both in the U.S. and internationally. Expect insights into enforcement trends, litigation debates and the economic methods used to analyze such practices. To find out more and register: https://ow.ly/7ZS150R3lEN
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I spoke to Lawyerly about the class actions landscape (subscriber content): https://lnkd.in/gb4kZQzK Some of my thoughts about emerging trends: 1. Class actions will continue to diversify into new and emerging areas of risk. 2. Plaintiffs will closely monitor what regulators are doing and look for "springboard" claims. 3. Shareholder class actions will continue to be brought but with a sharper focus on viability. 4. There will be heightened competition for plaintiff-side roles. 5. Contingency fees will continue to disrupt traditional funding models. 6. Multiplicity/competing class actions will be increasingly difficult to justify. 7. Defendants will be rigorous and pursue appropriate cases to trial. 8. Class actions will become more global and Australia's regime will be a blueprint for other jurisdictions around the world.
Ashurst partner predicts more defence firms to start filing class actions - Lawyerly
https://www.lawyerly.com.au
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Plaintiffs ask for more time to respond to the DOJ following NAR’s announcement, which could affect the existing deal in the Nosalek case. #realestatenews #realestate #lawsuits #futureofrealestate
Could NAR’s settlement derail MLS PIN agreement?
realestatenews.com
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READ: Law360’s profile of Robert Braun, a partner in our Antitrust practice, on what distinguishes him as a Law360 Rising Star in #antitrust and #competitionlaw. Robby focuses on cutting-edge, industry-changing antitrust #classaction litigation on behalf of individuals and businesses harmed by #pricefixing and other illegal corporate behavior. Currently, Robby is helping lead two groundbreaking antirust class actions in the residential real estate industry, alleging that the National Association of Realtors (NAR) and the largest #realestate brokerages adopted #anticompetitive rules requiring home sellers to pay home buyer broker fees – at an inflated rate – in addition to their own brokers’ commissions. In March, a certified nationwide class of home sellers agreed to settle claims with the NAR for $418 million along with sweeping industry reforms. Thus far, settlements total more than $997.1 million. Read more --> https://bit.ly/4fsgKuC
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With the National Association of REALTORS® recent announcement regarding the settlement in the Antitrust lawsuits, agents are looking for answers on how this will impact them. For some, this is huge news that sent them scrambling, but members of the POWER AGENT® Program have been preparing for this and learning new strategies and skills since October, giving them THE platform and calm they need to navigate these changes with more confidence and less confusion than agents who chose a “wait and see” direction. Read our full article here: https://lnkd.in/gZCVGvBD #RealEstateCoach #RealEstateSpeaker #RealEstateTraining #NARSettlement #AntitrustLawsuits
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Yesterday, Virginia House Bill 210, which would have allowed Virginians to execute a will electronically, narrowly failed (19-20) to pass the full Senate. This comes after the bill unanimously passed out of the House of Delegates. We believe everyone deserves the ability to easily and affordably secure their legacy. We want to thank Delegate Martinez of Leesburg and our coalition partners for their ongoing commitment to expanding access to legal services for everyone in Virginia: MetLife Legal Plans, AARP VA, Proof (formerly Notarize), The JusticeTech Association, Responsive Law, LawFi, Inc., LifeLegacy, ESRA: Electronic Signature & Records Association, The Virginia Bar Association, Uniform Law Commission, and AssetPass. We also thank all of the Virginia lawmakers who supported HB 210. In the meantime, we are actively supporting electronic will legislation in 8 other states, including New York, Ohio, and Michigan! Want to get involved? Drop a comment below or reach out directly to Kristina Howard for more info. #TrustandWill #ElectronicWills #EWillLegislation #LegalInnovation #Virginia #VirginiaLegislation #JoinUs #estateplanning
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Darryl Davis, CSP | Skilled Keynote Speaker | Best-Selling Author | Real Estate Coach | Power Agent® Program Founder | International Real Estate Coaching, Training, Marketing |100K Connections | Goldman Sachs 10KSB Alum
With the National Association of REALTORS® recent announcement regarding the settlement in the Antitrust lawsuits, agents are looking for answers on how this will impact them. For some, this is huge news that sent them scrambling, but members of the POWER AGENT® Program have been preparing for this and learning new strategies and skills since October, giving them THE platform and calm they need to navigate these changes with more confidence and less confusion than agents who chose a “wait and see” direction. Read our full article here: https://lnkd.in/g2Aicy8F #RealEstateCoach #RealEstateSpeaker #RealEstateTraining #NARSettlement #AntitrustLawsuits
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https://lnkd.in/gRk7DJ8S It is funny how the big tech attorneys react when they are on the receiving end of the bigger tech's crooked justice system! They somehow pretend they don't know they are caught in the same web they have woven. Investors are the owners of the big tech! #bigtech #ip #iplaw #innovation #investors #USPTO #SEC
Terrific commentary piece yesterday by Sarah Heaton Concannon and Alex Zuckerman of Quinn Emanuel on the upside of defending yourself as an overly aggressive U.S. Securities and Exchange Commission (or other agency) increasingly pushes dubious legal theories, baseless factual allegations, and outlandishly excessive penalty demands. (Jarkesy, anybody? How about Cochran? Liu? Lucia? Kokesh? Gabelli?) Unfortunately, the Supreme Court recently denied my certiorari petition in the Lemelson case described in the article (read here: https://lnkd.in/ePUqaxrR), but that case was a textbook example of all that's wrong with today's SEC. More people need to fight back, including seeking costs and fees under EAJA when courts and juries vindicate them. #secenforcement #securitiesenforcement #securitiesregulation
Test their mettle — Defendants' decision to challenge SEC in court is paying off
reuters.com
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