Group Litigation Orders

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One of the more interesting recent developments in the world of directors’ and officers’ liability and insurance has been the rise of collective actions and mass actions outside the U.S. Class actions are of course a well-established part of the litigation scene in the U.S., but at least traditionally class, mass, or collective actions have been rare outside the U.S. However, as discussed in a December 29, 2025, memo from the Labaton Keller Sucharow law firm entitled “Global Class Action Litigation: Causes, Effects and What’s Next” (here) a variety of changes in a number of jurisdictions has led to an increase in collective litigation outside the U.S., a development that could have important future implications for potential D&O liability.

Continue Reading The Continuing Rise of Collective and Mass Actions Outside the U.S.

Class actions are of course much more a feature of the litigation scene in the U.S. than in the U.K, but things have been changing in recent years. The most significant initial change in direction toward collective actions in the U.K. was the adoption several years ago of “opt-out” actions in the U.K. Competition Appeal Tribunal proceedings. More recently, through its courts’ use of group litigation orders (GLOs), there has been a “surge in mass claims” in the U.K., according to a recent law memo. The result has been, according to the October 13, 2025, memo from the Skadden law firm, a “dramatic transformation” over the past decade in the U.K. of its “collective redress landscape.” The memo, which is entitled “Class Actions by the Backdoor? The Evolving Landscape of Group Litigation in the U.K,” can be found here.

Continue Reading “Backdoor Class Actions”: Proliferating U.K. Collective Action Proceedings