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Telephone Consumer Protection Act Class Actions After ‘Mims’

David Leichtman and Shane St. Hill of Robins, Kaplan, Miller & Ciresi in New York write: As a result of recent U.S. Supreme Court and Second Circuit decisions, New York practitioners can expect increasing numbers of Telephone Consumer Protection Act (TCPA) class actions to be filed in New York, following the national trend.

Will ‘Daimler’ Take the Air Out of ‘Koehler’?

Matthew Ingber, Chris Houpt and David Lizmi of Mayer Brown in New York write: The U.S. Supreme Court’s recent decisions on jurisdiction have introduced what should be a powerful constraint on any state’s extraterritorial ambitions and may require rethinking ‘Koehler v. Bank of Bermuda Limited’.

Maintaining Privilege in the Age of E-Discovery

Lauren E. Aguiar and Julie E. Cohen of Skadden, Arps, Slate, Meagher & Flom write: The newly proposed Commercial Division rule relating to privilege log practice is intended to “promote more efficient, cost-effective pretrial disclosure.” In light of existing federal and state case law, however, it is unclear whether and to what extent the rule will in fact lessen the burden on practitioners.

Expanding Liability for Audit Committee Members

Eugene R. Licker and Amanda J. Sherman of Loeb & Loeb in New York write: While the SEC and the exchanges have made clear that the expanding role and responsibilities of the audit committee are not meant to garner expanded liability, as a practical matter, and a legal one, it seems inevitable.