Co-Chair
Glaucia Coelho
Co-Chair
Robert Johnston
Class Actions Committee
Class actions are one of the fastest growing and dynamic areas of law and practice internationally. In an ever increasingly global marketplace, the Class Actions Committee brings together lawyers from around the world who are involved in class actions to discuss ideas and developments and to debate what are often significant public policy and rule of law issues. We look at class actions from both sides of the bar table and we deal not only with the more traditional consumer, product and shareholder claims areas but also with newer areas such as climate change and environment, human rights, data breach and privacy spheres.
About the Committee
Class actions or collective redress regimes are rapidly becoming more commonplace and being introduced in jurisdictions around the world. This developing category of litigation is seen as a means of more effectively providing access to justice for consumers and citizens, and bringing to account corporations, public authorities and even governments. However, as individual jurisdictions continue to grapple with getting the balance right and avoiding some of the excesses experienced in some countries, we are seeing many different regimes with many difference rules and processes being introduced. Often though, these differing systems are dealing with the same or similar global products, services, producers or problems. It is getting complicated and the law is sometimes seen as not keeping up with globalisation.
Some class action regimes are well advanced and are sophisticated models delivering redress and access to justice, while others are newly introduced and grappling with fundamental questions about balancing the rights of victims, advocates, financiers/promoters and defendants. This often requires younger regimes to observe overseas experiences as best practice guides for answering these complex questions. There is also an increasing trend for prosecution and defence of major litigation to be a coordinated global effort. Both developments provide fertile ground for collaboration and sharing knowledge and insights through our IBA network.
As the IBA is the global voice of the legal profession, the Class Actions Committee is the ideal forum for international lawyers to come together to discuss and better understand these differences; to monitor global developments which may have a local effect; to debate some of the important political and policy issues there are around class actions and the rule of law; and to meet with colleagues who are all involved in this space.
Focus areas
The Committee will be working alongside and collaborating with other IBA sections and committees with common interests, as class actions are starting to encroach on all areas of practice. The Committee will cover class actions in the following areas:
- Consumer law / product liability
- Shareholder / investor / securities
- Insurance / financial
- Medical negligence
- Environmental / climate change and sustainability
- Human rights
- Employment
- Anti-trust / competition
- Public Law
- Data breach, cybersecurity and privacy
Publications
Class actions in Argentina – recent cases linked to private health plans
Argentina doesn’t have any particular legislation related to class actions, although isolated clauses in the Consumer Act and the Environment Act refer to them. In spite of this, Argentina is flooded with class actions, especially focused on consumer law matters. Businesses in many sectors have been sued, such as banks, credit card issuers, retailers, supermarkets, insurance companies, airlines companies, health companies and so on. As a consequence of the absence of particular legislation that guides class actions, the Supreme Court of Justice urged the Argentinian parliament to legislate for an adequate process to give certainty to the parties participating in them.
Released on Aug 15, 2024
US mass arbitrations present new challenges prompting re-examination of class action waivers
Parties in the US including consumers and employees are bringing claims as mass arbitration, which is unique from class actions that have been the focus for many years. The new mass arbitrations present a unique challenge to companies, and call into the question whether and how to negotiate arbitration and class action waiver provisions in contracts.
Released on Jul 25, 2024
Comments on proposed changes to Brazilian collective litigation law
This article comments on two proposed changes to the Brazilian collective litigation law that may negatively affect due process rights: the introduction of a forum non conveniens doctrine and the possibility of court adjustments to the reliefs sought by plaintiffs.
Released on Jul 25, 2024
Private enforcement of competition laws in Brazil: the class action as a method of claiming damages arising from anticompetitive practices
New rules defining the start and expiry of the statute of limitations to claim damages arising from anticompetitive practices are expected to foster the use of class actions related to these issues in Brazil.
Released on Jul 25, 2024
Join us on LinkedIn
If you are a member of the Class Actions Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/9820002/.