World Class Actions

A Guide to Group and Representative Actions around the Globe

Edited by Paul G. Karlsgodt

A practical guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world
Provides world-wide jurisdiction-by-jurisdiction coverage of the class action, group, collective, derivative, and other representative action procedures
Offers guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation
Covers a variety of topics related to transnational and multi-jurisdictional class actions brought in the United States that involve international issues and interests
Chapters introduce key books, treatises, articles, or other reference materials to foster further research

World Class Actions

A Guide to Group and Representative Actions around the Globe

Edited by Paul G. Karlsgodt

Description

Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions.

World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad.

Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests.

Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner's perspective makes World Class Actions an essential guide for the lawyer or client.

World Class Actions

A Guide to Group and Representative Actions around the Globe

Edited by Paul G. Karlsgodt

Acknowledgments

Introduction

Part I - Multi-party and Representative Action Systems Around the World

Chapter 1 The United States
Chapter 2 Canada
Chapter 3 Latin America
Chapter 4 Representative Actions and Proposed Reforms in the European Union
Chapter 5 United Kingdom
Chapter 6 Denmark
Chapter 7 Sweden
Chapter 8 Finland
Chapter 9 Norway
Chapter 10 Germany
Chapter 11 Austria
Chapter 12 Switzerland
Chapter 13 Belgium
Chapter 14 The Netherlands
Chapter 15 Spain
Chapter 16 Portugal
Chapter 17 France
Chapter 18 Italy
Chapter 19 Russia
Chapter 20 Israel
Chapter 21 South Africa
Chapter 22 Australia
Chapter 23 The Asia-Pacific Region
Chapter 24 Collective Actions in China
Chapter 25 India

Part II - Selected Topics in International and Transnational Class Action Law 770

Chapter 26 Prosecuting Class Actions and Group Litigation
Chapter 27 Multijurisdictional and Transnational Class Litigation: Lawsuits Heard 'Round the World' 888
Chapter 28 International Class Action Notice
Chapter 29 International Class Actions Under the U.S. Alien Tort Claims Act 992
Chapter 30 International Class Arbitration 1011
Chapter 31 Representing Clients in Litigation Abroad

Table of Cases

Index

World Class Actions

A Guide to Group and Representative Actions around the Globe

Edited by Paul G. Karlsgodt

Author Information

Paul G. Karlsgodt is a partner in the Denver office of the U.S. law firm Baker & Hostetler LLP and editor and primary contributor to the legal blog www.classactionblawg.com. Mr. Karlsgodt's law practice focuses on class action defense and other complex commercial litigation. He founded and served as the first Chair of the Class Actions, Derivative Suits and Mass Torts Subsection of the Litigation Section of the Colorado Bar Association and is a frequent speaker and author on class action-related topics. Mr. Karlsgodt has also represented clients pro bono in civil rights cases, including a prisoner's rights class action.

Contributors:

Chapter 1: United States
Paul G. Karlsgodt, Partner, Baker & Hostetler, Denver

Chapter 2: Canada
Yves Martineau is a partner of Stikeman Elliott LLP, practicing Litigation in the Montreal office.
Adrian Lang is a partner of Stikeman Elliott LLP, practicing Litigation in the Toronto office.

Chapter 3: Latin America
Federico Campolieti is a Senior Associate at M. & M. Bomchil, Buenos Aires.
Ignacio J. Minorini Lima is a Senior Associate at Marval, O'Farrell & Mairal, Buenos Aires.

Chapter 4: Representative Actions and Proposed Reforms in the European Union
Laurel Harbour and John Evans contributed Sections 4.1 through 4.5.1. Ms. Harbour and Mr. Evans also authored Chapter 5, discussing current collective and multi-party action procedures in the United Kingdom. Section 4.5.2, was authored by Erwan Poisson and Camille Fléchet, who also contributed Chapter 17, discussing current collective and multi-party action procedures in France.

Chapter 5: United Kingdom
Laurel Harbour is a former partner of the firm Shook, Hardy, & Bacon LLP. During her eleven year assignment to the firm's London office, she advised clients and coordinated the defense of litigation throughout Europe. She now serves as President of EAgleStar, Inc.
John Evans is a Partner in the international law firm of Fulbright & Jaworski LLP in London.

Chapter 6: Denmark
Petra Kiurunen is a partner with the dispute resolution firm Lindfors & Co Attorneys at Law Ltd. in Helsinki, Finland.
Niklas Lindström is a senior associate with Hannes Snellman Attorneys Ltd in Helsinki, Finland.

Chapter 7: Sweden
Gustaf Sparrman is a senior associate and Linn Göransson is an associate with the firm Hannes Snellman in Stockholm, Sweden.

Chapter 8: Finland
Petra Kiurunen is a partner with the dispute resolution firm Lindfors & Co Attorneys at Law Ltd. in Helsinki, Finland.

Chapter 9: Norway
Petra Kiurunen is a partner with the dispute resolution firm Lindfors & Co Attorneys at Law Ltd. in Helsinki, Finland.
Niklas Lindström is a senior associate with Hannes Snellman Attorneys Ltd in Helsinki, Finland.

Chapter 10: Germany
Dr. Luidger Röckrath is an attorney with the law firm Gleiss Lutz.

Chapter 11: Austria
Christian Klausegger is Partner, Binder Grösswang, Vienna, Austria. The author would like to thank Anne-Karin Grill, another member in the dispute resolution department of Binder Grösswang, who has provided invaluable assistance in preparing this article.

Chapter 12: Switzerland
Felix Dasser (Prof. Dr. iur. LL.M., Partner, Homburger AG, Switzerland) and Sebastian Stolzke (Dr. iur., Legal Counsel, Group General Counsel's Office/Litigation & Investigations, Zurich Financial Services AG, Switzerland). This article expresses the personal opinion of the author and does not necessarily reflect the view of the companies.

Chapter 13: Belgium
Jean-Pierre Fierens is the head of Stibbe's Dispute Resolution Group and former President (bâtonnier) of the Brussels Bar Council (Dutch speaking section). He holds an LL.M from Columbia University, is an Accredited Mediator of the Center for Effective Dispute Resolution, acted as counsel in over 65 (domestic and cross-border) arbitrations, and is regularly appointed as an arbitrator in commercial disputes.
Bart Volders is a member of Stibbe's Dispute Resolution Group. He holds a PhD in law, lectured on conflict of laws and international litigation and commercial arbitration at the Universities of Antwerp, Belgium, and Bujubura, Burundi, and the law of international commercial arbitration at the University of Toulouse, France.

Chapter 14: The Netherlands
J. Fleming and J.J. Kuster are lawyers at Stibbe N.V.

Chapter 15: Spain
Francisco Malaga is Partner, Linklaters, Madrid.

Chapter 16: Portugal
Carla Gonçalves Borges and Mariana Serra Baptista, Linklaters LLP, Lisbon, Portugal

Chapter 17: France
Erwan Poisson is qualified to practice law in France and England. He is a partner in the Paris litigation and arbitration group of Allen & Overy LLP.
Camille Fléchet is qualified to practice law in France and is an associate in the same group.

Chapter 18: Italy
Silvano Enne is partner of Legance Studio Legale Associato, in the Litigation and Arbitration Department, Milan - Italy

Chapter 19: Russia
Maria Yaremenko, Associate at Hogan Lovells CIS, specialising in arbitration and cross-border litigation, Moscow, Russia.

Chapter 20: Israel
Peggy Sharon, Adv., Tammy Greenberg, Adv., Addy Margalit, Adv
Levitan, Sharon & Co. is a leading law firm specializing in insurance and reinsurance law in Israel. with specific expertise in complex International Law issues, and Class Actions. The firm has been involved in major insurance cases tried in Israel and its leading partners have several precedents on their name. The firm acts mainly for foreign insurers and reinsurers who operate in Israel, including various Lloyd's syndicates, Allianz. In addition, the firm has a large litigation department which deals with Professional Liability claims, Bankers Blanket Bonds, Environmental Liability and commercial disputes.

Chapter 21: South Africa
Neil Kirby, Director, Werksmans Attorneys, Johannesburg, South Africa

Chapter 22: Australia
S. Stuart Clark is an Adjunct Professor of Law at Macquarie University in Sydney, Australia and a Partner and Managing Partner - International of Australian law firm Clayton Utz.
Jocelyn Kellam is an Adjunct Professor of Law at the University of Sydney, Australia and a Partner of Clayton Utz.
Larissa Cook is a Special Counsel with Clayton Utz.

Chapter 23: The Asia-Pacific Region
Jocelyn Kellam is an Adjunct Professor of Law at the University of Sydney, Australia and a Partner of Clayton Utz. Jocelyn Kellam gratefully acknowledge the assistance of Melissa Leon, lawyer of Clayton Utz, in the preparation of this Chapter.

Chapter 24: Collective Actions in China
Fan Yu, PH.D in Law, Professor of Law, Renmin University of China, Dean of the Disputes Resolution Research Center of Renmin University of China.
Peng Xiaolong, PH.D in Law, Research Associate of the Disputes Resolution Research Center of Renmin University of China, Assistant Researcher at Law Information Research Center of China Law Society.

Chapter 25: India
Naveen Goel is the Managing Director of Naveen Goel Law Offices, a law firm based in New Delhi, India, which provides corporate law advisory services with special focus on inbound investment into India, Private Equity investments and raising money on AIM, London Stock Exchange. He has broad based and diverse experience in the legal field spanning over 21 years with a short stint of around 3 years in the business world in New Zealand, where he also qualified for the New Zealand Foreign Law Practitioners Examination. The first 7 years of his legal career were primarily in litigation and arbitration; thereafter he has focused on corporate law for the last 14 years and has handled several big ticket transactions. He has had extensive exposure to almost all sectors of industry - real estate, finance, capital markets, infrastructure, power, telecom, IT/BPO, foreign investment, mergers and acquisitions, restructuring, banking, education law, etc. He has significant experience in contesting public interest litigations, representative suits, consumer cases before Consumer Forums and (the erstwhile) Monopolistic and Restrictive Trade Practices Commission and the new Competition Commission of India.

Chapter 26: Prosecuting Class Actions and Group Litigation
Michael D. Hausfeld is the Chairman of Hausfeld LLP, and Brian A. Ratner is a Partner and Head of the firm's International Practice. This chapter could not have been completed without the invaluable contributions of Scott Campbell, Melinda Coolidge, Reena Gambhir, Anthony Maton, Lianne Craig, Ingrid Gubbay, Kathryn Ryan, Fiona McDonald, Nicholas Morgan, Jeremy Rovinsky, Deepa Menon, Wrede Smith, Jack Kitchen, Joshua Scharff, and Brooke Dellavedova.

Chapter 27: Multijurisdictional and Transnational Class Litigation: Lawsuits Heard 'Round the World'
David I.W. Hamer is a partner with McCarthy Tétrault, LLP in Toronto, Ontario, Canada where he was a founding co-chair of the firm's national class actions practice group. He is co-author of Defending Class Actions in Canada, 1st and 2nd editions. Mr. Hamer is co-chair of the American Bar Association's Committee on Class Actions and Derivative Suits' International Class Actions Subcommittee. In his practice, Mr. Hamer has handled commercial disputes, product liability claims, class actions defense, international trade cases, and professional negligence and discipline cases at all levels of courts in Canada.
Shane C. D'Souza is an associate with McCarthy Tétrault, LLP in Toronto, Ontario, Canada. Mr. D'Souza maintains a broad litigation practice and is particularly interested in securities litigation.
The editorial and research assistance of McCarthy Tétrault summer students Heidi Gordon and Melissa Arruda have been invaluable in the preparation of this chapter and are gratefully acknowledged.

Chapter 28: International Class Action Notice
Shannon R. Wheatman, Ph.D. is a Vice President and Katherine K. Kinsella is the President of Kinsella Media, LLC. Both are leading, nationally and internationally recognized experts in the design, preparation, and dissemination of legal notice in class actions and bankruptcies. The authors wish to thank Maureen Gorman, Kinsella Media's Senior Media Analyst, for her invaluable contributions to this chapter.

Chapter 29: International Class Actions Under the U.S. Alien Tort Claims Act
Paul G. Karlsgodt, Partner, Baker & Hostetler, Denver
Significant portions of this Chapter were derived from contributions from Michael D. Hausfeld and Brian A. Ratner, authors of Chapter 26, and David I.W. Hamer and Shane C. D'Souza, authors of Chapter 27.

Chapter 30: International Class Arbitration
Lea Haber Kuck & Gregory A. Litt are partner and counsel, respectively, in the international litigation and arbitration group at Skadden, Arps, Slate, Meagher & Flom LLP. The views expressed are those of the authors and not necessarily those of the firm or its clients. The authors would like to thank William Barksdale, Sarah Samuels and Silvia Scandar for their valuable assistance in preparing this chapter.

Chapter 31: Representing Clients in Litigation Abroad
M. Christie Helmer is a Partner with the Oregon and Washington firm of Miller Nash LLP.

World Class Actions

A Guide to Group and Representative Actions around the Globe

Edited by Paul G. Karlsgodt

Reviews and Awards

"As technology effectively shrinks both the physical and legal worlds, lawyers must increasingly view disputes from a global perspective. In World Class Actions, Paul Karlsgodt and his expert contributors provide a fine overview of class action litigation around the world. This book identifies a gap in the literature and fills it nicely." --Mark Herrmann Vice President and Chief Counsel - Litigation, Aon Author, The Curmudgeon's Guide to Practicing Law

"Industrialization, globalization and the explosive evolution of mass and social media has changed the business world into a global village. With this comes the risk of global harm and global litigation. World Class Actions offers lawyers and their clients an effective, reliable road map through the complicated and constantly changing terrain of global class-action litigation." --Prof. Dr. Ianika N. Tzankova Professor of Comparative Mass Litigation, Tilburg University Attorney-at-law, NautaDutilh N.V.

"World Class Actions is a comprehensive and practical look at everything a class-action litigator needs to know about mass litigation in other countries. In an increasingly globalized world, this is a book no international lawyer should be without." --Andrew J. Trask, McGuireWoods London LLP, co-author of The Class Action Playbook

"Provides a helpful introduction to the incredibly complex and varied topic of collective actions around the world. It will serve as a valuable resource for lawyers and other professionals as they attempt to navigate and develop strategies for litigation and risk management while doing business abroad. This book will be particularly valuable for those whose jobs require them to understand and manage the litigation risks their clients must attempt to manage in their operations around the world. I highly recommend this book." --Kevin M. LaCroix, The D&O Diary

"For practitioners whose clients have business interests overseas, this book could prove invaluable in helping navigate the shoals of unfamiliar legal systems." --D. Matt Allen, Classified: Carlton Fields' Class Action Blog