Quinn Emanuel Urquhart & Sullivan, LLP (JD Supra Australia)

Class Actions in Australia: Two Reviews. “Some aspects of the proposed settlement of this matter may give rise to the perception … that the only real ’winners’ in this litigation were the lawyers and the litigation funders. …” - HFPS Pty Ltd (Trustee) v Tamaya Resources Ltd (In Liq) (No 3) [2017] FCA 650 at [126].

The United States has long been the primary home for securities class actions around the world. This trend, however, was curtailed to some degree with the Supreme Court decision in Morrison v. National Australia Bank, 130 S. Ct. 2869, 2886 (U.S. 2010), which made it more difficult for international litigants in securities class actions to sue in the United States. This has paved the way for the...

No Longer on the Hook for Indemnity: NY Court of Appeals Reverses Decision That Held Insurers Liable to Indemnify Where They Wrongly Refused to Defend a Claim. In a decision last year in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co., the New York Court of Appeals held that a wrongful failure to defend would result in the insurer being on the hook for indemnity, even if...

The Australian class action regime is among the most plaintiff-friendly in the world, and it has been reported that, outside of the U.S., Australia is the next most likely place in which a corporation will find itself defending a class action (Clark & Harris, The Push To Reform Class Action Procedure In Australia: Evolution or Revolution? (2005) Melbourne University Law Review 776(32)).