CL&P Blog Founder Deepak Gupta on the Future of Class Actions

Here. Deepak is perhaps better known for having argued Concepcion in the Supreme Court while he was with Public Citizen.  He has recently left the CFPB to concentrate on appellate litigation.  An excerpt:

Since wide-ranging legislation in unlikely, given corporations’ political influence, Gupta said, more targeted work by federal governmental agencies is needed to protect class actions.

 According to Gupta, an individual federal regulatory agency has the ability to interpret its own statutes and can take up the issues of arbitration and class action within its own jurisdiction.

The current case to watch, Gupta said, is a January decision in which the National Labor Relations Board ruled that a class-action ban in employment contracts is an unfair labor practice. D.R. Horton Inc. and Cuda, No. 12-CA-25764, 357 NLRB No. 184, 2012 WL 36274 (N.L.R.B. Jan. 3, 2012).

 

 

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However, in several European countries with civil law, as opposed to the Anglo-American common law system, changes have been made in recent years that allow consumer organizations to bring claims on behalf of large groups of consumers.

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Deepak is one of the most insightful and dedicated lawyers I have ever encountered. His passion for his work manifests in every aspect of the cases he litigates. On several occasions, I have read and discussed at length multiple drafts of a single sentence in a brief..