Common Class Action Lawsuits Resulting from the Pandemic

In 2020, COVID-19 wreaked havoc upon just about every segment of business globally. Businesses scrambled to deal with the economic impact of the pandemic, with many closing because of stay-at-home orders. The ones that did remain open shuffled their business plan, reinventing themselves and utilizing new tools created for working in the virtual landscape.

One of the immediate fallouts of the health crisis was pandemic-related class action lawsuits across a number of industries. Over the course of the year, more than 6,900 of these lawsuits were filed.

Of these, 1,245 lawsuits have been employment-related matters. The lawsuits primarily dealt with failure to pay minimum wage, overtime wages, and sick leave. Lawsuits concerning discrimination, workplace safety, benefits policies, and disability policies were also filed.

Many of the lawsuits seek to address violations in state and federal laws. The class action lawsuit against transportation network Lyft, for example, was filed because plaintiffs claimed that the company violated Washington DC’s 2008 Accrued Safe and Sick Leave Act. The case has gone to arbitration. Other employment-related class action suits are associated with violations of the Worker Adjustment and Retraining Notification Act, which requires employers to give advance notice before terminating employment.

The airline industry is also defending against a number of class action lawsuits. Many deal with cancellation policies that do not allow customers to receive refunds. The issues at hand typically concern breach of contract terms related to the airline ticket’s terms and conditions, in addition to violation of state consumer protection laws, fraudulent misrepresentation, and unjust enrichment. Other issues pertain to plaintiffs claiming they suffered out-of-pocket loss or the loss of benefit of the bargain, and they are suing for compensatory damages.

In the securities sector, the most common lawsuits involve investors who claim that a company made misleading or false claims related to the pandemic’s impact on its business, either downplaying the effects or overstating the company’s ability to respond appropriately to the crisis. As a result, investors purchased stock at higher prices.

Moreover, the plaintiffs in many of these cases claim that the company failed to provide certain disclosures, but this was not discovered until after the pandemic exposed weaknesses. For example, communications platform Zoom is involved in a class action suit where investors allege they were misled about the company’s encryption capabilities.

A number of education-related class action lawsuits have also been filed. Many of these lawsuits allege breaches in contract, unfair business practices, and unjust enrichment, among other claims. The most common complaint was that institutions did not deliver the services for which students paid. Some of these lawsuits involve online or remote learning, and the plaintiffs claim they received substandard education.

Many of the defendant institutions in these cases assert that the cases should be considered individually or “are not uniquely situated” and do not meet the merits of a class action case. In cases where a motion to dismiss has been filed, the university has defended itself by stating that the plaintiffs failed to make a claim, pointing to the contract and specific contractual provisions.

Class Certification in Settlement Talks

Recently named an Atlanta top 40 lawyers under 40 who is “On the Rise,” Zachary Andrew McEntyre specializes in complex commercial litigation. With a juris doctor from the Mercer University Walter F. George School of Law, he serves as a managing partner King & Spalding, LLP. In this role, Attorney Zachary Andrew McEntyre has worked on class action settlement negotiations.

Settlement talks are a common feature of class action cases, and how soon these talks begin during the course of a lawsuit often depends on multiple factors, such as negative publicity a defendant may face in a trial, the potential cost of litigation, and the strength of the plaintiff’s case. In some instances, defendants can opt to reach a quick settlement in order to save time and money, but some may opt to go to trial. One of the key issues addressed during settlement talks is the class definition. For a settlement process to begin, the class has to be properly defined.

In class action lawsuits, a class should be certified or defined. This process is done to verify whether plaintiffs have been aggrieved the same way before proceeding with litigation as one group against the named defendant. A settlement can either occur before or after a case has been certified and officially classified by a judge as a class action.

Should a settlement occur before a class is formally certified, parties involved in the talks have to define the settlement class. In the event a settlement is accepted after certification, the class will already be defined and approved by the court. Class action cases which have been judge certified are easier to settle, since the size and scope of the class have already been precisely determined.

Amazon Avoids Interlocutory Appeal in Music Copyright Case

Zachary Andrew McEntyre is an established presence in the Atlanta legal community who has an emphasis on defending corporations in class action suits. Part of a nationally recognized King & Spalding, LLP (K&S) team, Zachary Andrew McEntyre pays special attention to cases his firm is involved in.

As reported in Bloomberg Law in August 2020, K&S provided counsel to Amazon.com, Inc., in a high-profile lawsuit before the Seattle federal court. The interlocutory appeal by SA Music centers on distribution of well known songs such as “I’ve Got the World on a String” and “Stormy Weather.”

The initial January lawsuit involved SA Music and the Harold Arlen Trust, which own the copyrights to the catalog of an influential 20th century Tin Pan Alley songwriter, in alleging that Amazon offered bootlegged recordings through its digital store at a price less than the official versions.

One of these copyright infringement claims was dismissed by the U.S. District Court for the Western District of Washington in June, with the judicial opinion being that Amazon did not actually disseminate the copyrighted work. With a motion filed by SA Music for reconsideration of the dismissal denied, an interlocutory appeal was sought.

This type of interim appeal is approved in situations where a controlling question of law is involved that has “substantial ground for difference of opinion” and in which an immediate appeal would likely result in termination of litigation. This basis for interlocutory appeal was denied by the federal court as not meeting the stated criteria.

The Statutes of Limitations for Legal Malpractice in Georgia

Attorney Zachary Andrew McEntyre is a partner at King & Spalding, LLP, in Atlanta, Georgia. He is a member of the State Bar of Georgia and won the Barton Award for distinguished writing for a co-authored publication. Zachary Andrew McEntyre has over a decade of experience as a defense attorney and has worked on numerous professional malpractice cases.

In a legal malpractice case, the courts try to determine whether it is a tort claim or a contract claim. If the case is in contract, then the courts check whether it is oral or written. Basically, the analysis leads to three categories: action based in tort, oral contracts, and written contracts. Tort claims occur when the plaintiff alleges that someone’s behavior or actions led to injury, suffering, harm to another person, or unfair loss. Contract claims occur when the plaintiff alleges that the opposing party failed to perform specific acts as outlined in a legally binding agreement.

Statute of limitations refers to the amount of time plaintiffs have to file a claim. In Georgia, action based in tort carries a statute of limitations of one, two, or four years depending on whether the case has elements of professional negligence or not, and the alleged damages. Oral contracts have a four-year statute of limitations, while written contracts have a six-year statute of limitations. The statute of limitations for legal malpractice becomes active from the date of the alleged breach of duty by the lawyer.

Defense Against a Class Action Lawsuit

Specializing in commercial litigation, Zachary Andrew McEntyre was recently named one of 40 lawyers in Atlanta under 40 “On the Rise.” Zachary Andrew McEntyre is a partner at King & Spalding LLP, where he defends corporate entities in consumer class action cases.

In a class action lawsuit, a group of individuals who believe they have suffered similar injuries institute legal action against a defendant whose product or actions are alleged to have caused the injuries. To succeed in a class action defense, legal counsel must take charge of steps throughout the entire process.

For starters, it is vital to get all the facts to prepare for a strong defense. In a class action case, defense attorneys should understand the magnitude of the case by determining the size of the class in question, whether the facts about a product have changed, whether product managers are still available and how much money a company has made from selling the product.

A company should have full confidence in its product; if it does not, the possibility of a settlement should be explored. If a favorable settlement is reached, it should be structured in such a way that it will be able to withstand judicial scrutiny.

Keys to Good Legal Writing

Accomplished attorney Zachary Andrew McEntyre is a partner at Atlanta-based King & Spalding LLP, where he represents corporate clients in complex commercial class action litigation. Zachary Andrew McEntyre has received a Burton Award in recognition of his distinguished legal writing.

Legal professionals should constantly strive to improve their writing skills. Here are several tips.

1. Understand all the facts about a client’s situation, which includes being thoroughly briefed. This will allow you to reference the most relevant cases and statutes.

2. When writing a legal research memo, open letter, or brief, summarize your conclusions up front, covering the principal questions, the answers to those questions, and the reasons behind those answers. State in simple language why your client should prevail. Presenting a lot of facts at the beginning is not helpful to a reader who doesn’t yet understand the nature of the issue being addressed.

3. In legal writing, every word written should be tailored to address the expectations of the reader. The tone of a document should match what the document intends to achieve. For instance, a brief submitted to the court has to persuade and advocate, while a client memorandum has to analyze issues, report the state of law, and provide recommendations on the appropriate course of action.

4. Good writing should tell a story. Litigators tend to forget judges are also human beings, and appreciate a legal brief with a storyline that uses a coherent and relatable narrative that others would understand and find persuasive.

King and Spalding’s Return to Work Hub Supports Clients in Transition

With a juris doctor from Mercer University’s Walter F. George School of Law, Zachary Andrew McEntyre joined law firm King & Spalding, LLP, in 2006. In his current position as a partner with the firm, Zachary Andrew McEntyre focuses on complex commercial litigation cases and consumer class action lawsuits.

King & Spalding, LLC is an international corporate law firm that operates in 20 countries. In response to the myriad challenges clients face in returning to work after widespread shutdowns due to COVID-19, the law firm established a Return to Work hub. This comprehensive resource helps clients develop industry-specific plans and policies that take into account various scenarios, as well as to access business recovery resources to help them return to full operational capacity.

The Return to Work hub offers tools for evaluating privacy and security, as well as determining who should return to work and who might continue telecommuting. Additionally, the hub provides guidance on protocols for employees returning to the office, including the screening and testing of symptomatic employees. King & Spalding also assists with adjustments to executive compensation and employee benefit programs. For more information, visit the Return to Work Hub at http://www.hub.kslaw.com.

King & Spalding Represents Clients in Landmark Virtual Case

A graduate of Mercer University’s Walter F. George School of Law, Zachary Andrew McEntyre earned recognition from the Daily Report as one of 40 lawyers in Atlanta under 40 who are “On the Rise”. Zachary Andrew McEntyre is a partner at the Atlanta office of King & Spalding, LLP.

An international corporate firm with offices in more than 20 countries, King & Spalding, LLP recently represented defendants in a groundbreaking London case. For one of the first times in English legal history, a case originally scheduled to take place in the London High Court was set to occur in an entirely virtual format.

The seven-day case, National Bank of Kazakhstan & the Republic of Kazakhstan vs. The Bank of New York Mellon, Anatolie Stati, and Ors involved testimonies from experts and witnesses from several countries and required logistical solutions related to conferencing capabilities and internet services. King & Spalding represented Moldovan oil and gas investors in the landmark case, which was included in The Lawyer’s Top 20 Cases of 2020 list.

Law360 Names 2019 Rising Stars

An attorney and partner with the Atlanta law firm, King & Spalding, LLP, Zachary Andrew McEntyre regularly represents clients in complex commercial litigation cases and has served as lead counsel for Equifax in dozens of proposed class actions. Recently, Law360 named Zachary Andrew McEntyre, along with several other King & Spalding partners, to its 2019 Rising Stars list.

A subscription-based legal news service, Law360 provides up-to-the-minute legal news and analysis. To recognize the accomplishments of professionals “whose legal accomplishments transcend their age,” Law360 distributes the annual Rising Stars award. After reviewing more than 1300 submissions from across the United States, the firm selected 175 Rising Stars in 2019. The winners represented 80 law firms and 39 practice areas, among them consumer protection and product liability.

The Law360 Rising Stars list not only recognizes accomplishments in the legal field but acknowledges what candidates might contribute to the legal profession in the future. For more information about selection criteria or to view lists of past winners, visit www.law360.com.

Issues and Conflicts in Commercial Litigation

 

Zachary Andrew McEntyre
Image: kslaw.com

Zachary Andrew McEntyre has dedicated more than ten years of legal practice with King & Spalding LLP. As a partner in the Georgia law firm, Zachary Andrew McEntyre focuses on complex commercial litigation, in which he represents various corporate clients in consumer class actions.

Commercial litigation encompasses disputes that affect the core of a company’s business, including its strategy and implementation. Here are some of the issues covered in commercial matters.

Intellectual property litigation. Considered as the lifeblood of many businesses, intellectual property, such as copyrights, trademarks, and patents, are the main source of revenue for companies to remain in their industries. Infringements of these call for litigation.

Corporate and LLC litigation. The areas of conflict in corporate litigation range from non-compete and non-disclosure agreements, to management and control of corporate disputes. Other issues in corporate and LLC litigation include mergers and acquisitions, and employment agreements.

Franchise litigation. A franchise agreement consists of complex legal details dealing with everything about such a business, including issues such as operating hours and fixture placement. Litigation may occur when any term of the franchise agreement is violated. Allegations can arise from a franchisee using unauthorized suppliers to a franchisor not giving the support agreed to.