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US giant Skadden gears up for European class action onslaught

Author: claire.ruckin@legalweek.com

Published: 10/05/2007 03:20

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America
’s largest law firm, Skadden Arps Slate Meagher & Flom, has launched a class action defence practice in the UK in preparation for what it believes could be an onslaught of group actions across Europe.

The New York giant will attempt to defend clients from group actions across Europe, in a development that comes in the same week as US class action specialist Cohen Milstein Hausfeld & Toll made its long-awaited London launch.

Skadden’s new group has been set up by Washington-based litigation partner Andrew Sandler with litigation counsel Penny Madden, who joined the firm from Shearman & Sterling earlier this year, heading the team in London.

Skadden’s move comes as Europe’s commercial lawyers are on heightened alert for a rise in US-style litigation, either through more group claims or a growing willingness from shareholders to pursue claims.

Key developments this year have seen the Office of Fair Trading (OFT) float plans to encourage private actions in competition law, while in March the influential National Association of Pension Funds said UK shareholders should pursue claims through the US courts.

In addition, a pioneering claim last month saw Royal Dutch Shell pay out $450m (£226m) to European investors in relation to allegations of securities fraud.

Skadden European arbitration head Paul Mitchard (pictured above) commented: “Throughout Europe there are enough threats from different directions that the possibility of substantial class actions has significantly increased. We have recognised that a number of our international clients could soon be looking to us to defend potential class action suits.”

David Greene, head of litigation at UK group action specialists Edwin Coe, said: “This is certainly a developing field. At the moment it is pretty limited, but it will grow with the proposals coming forward from the European Commission and the OFT.”

However, sceptics argue that restrictions on grouping claims and bans on aggressive success fee deals will hamper the development of class action challenges in Europe. Legal Week has also recently learned that the pioneering UK claimant specialist Class Law has “wound down its practice”, citing a lack of such claims.

Class Law founder Stephen Alexander told Legal Week: “Class Law is no longer doing class action work as there is not enough out there.”

Linklaters head of advocacy Mark Humphries was also sceptical about the potential for class actions. He said: “Only time will tell, but there is not much point having a class action defence capability if there are not many class actions.”

 

Talkback: The start of the class action era in the UK - or has Skadden jumped the gun? Click here to have your say.

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