Critical Mass: How A Decade Of Upheaval Changed Class Action Firms

Emily Henn is quoted in a Law360 article regarding the evolving state of class action litigation following the Class Action Fairness Act (CAFA) and 2011 Concepcion decision. According to Henn, “There’s a level of attention that courts pay to certification decisions now that makes them much more predictable now that class actions are increasingly brought in federal courts." She adds, “With rulings like Concepcion, a lot of people predicted that it would be a real game changer in decreasing the number of class actions, but I think class actions have remained quite active, though their complexion has changed."

Henn also addresses the notion that defense lawyers will often engage with the same plaintiffs firms for large class actions and MDLs. “I certainly do deal with the larger, well-known plaintiffs firms that have long had well-established class action practices, like Hagens Berman, Lieff Cabraser and Cohen Milstein,” she says. “I don’t disagree that there’s a phenomenon there. But as a defense lawyer, what I focus on is whether they are well-qualified, professional, and willing to work with our side to make the discovery and other processes move forward.”