Enforcement of Representative Actions is Here


It’s finally here.  Enforcement of the Collective Redress / Representative Actions Directive (RAD) in the EU has now begun.  At this time, six member states have adopted a national translation of this law and nineteen states are engaged in ongoing discussion and drafting.  The landscape is changing rapidly and our team is tracking these developments.

Are you ready for this shift in litigation culture?  Backed and supported by the growing EU third party litigation funding industry, the RAD will provide an unprecedented procedural mechanism to bring class and consumer actions on a mass scale against EU traders.  These actions can be premised upon one or more of 66+ substantive regulations that cover everything from the finance industry to environmental regulations to product and artificial intelligence liability.  If you have not prepared, now is the time.

EU Collective Redress Directive Series

  1. The EU’s Collective Redress Directive — The Potential for Collective Consumer Lawsuits: An Introduction — May 2021
  2. The EU’s Collective Redress Directive — A Look at What Constitutes a ‘Trader’ — June 2021
  3. The EU’s Collective Redress Directive — A Look at What Constitutes a ‘Qualified Entity’ — August 2021
  4. The EU’s Collective Redress Directive — An Analysis of the Interplay With EU General Data Protection (GDPR) — November 2021
  5. The EU’s Collective Redress Directive — What Is Included and Excluded as Potential Bases for Collective Redress Lawsuits? — December 2021
  6. The EU’s Collective Redress Directive — Are Collective Redress Suits Already Happening in Some EU Member States?  — March 2022

Additional Sources

  1. The Interplay Between the EU’s Collective Redress Directive and GDPR — November 2021
  2. European Commission Updates Liability Rules to the Digital Age — September 2022
  3. Class Action Filings on the Rise in Europe — November 2022
  4. Class Action Filings on the Rise in Europe, Especially in Product Liability Cases Ahead of Full Implementation of the EU’s Representative Actions Directive — March 2023
  5. The EU’s Collective Redress Directive – Are Collective Redress Suits Already Happening in Some EU Member States? — March 2023
  6. New EU Directive Could Lead to a Profusion of Class Actions
    The Banker, 12 April 2023

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About the Author: Patrick Reilly

Patrick Reilly represents multinational and Fortune 500 clients in complex litigation, regularly acting as national coordinating counsel to manufacturers in product liability actions. He also advises on sports law matters.

About the Author: Adrienne Franco Busby

Adrienne Franco Busby puts science and strategy to work for companies facing product liability litigation. She is an experienced litigator in product liability, commercial, employment, class action and mass tort matters.

About the Author: Jim Frederick

With a sophisticated background leading litigation, Jim Frederick defends innovative life sciences companies in pharmaceutical and medical device product liability, mass tort and consumer fraud lawsuits. Jim also represents clients in commercial litigation and appellate matters. A former Assistant U.S. Attorney in the District of Maryland, Jim wields his background investigating and prosecuting civil and criminal fraud cases to inform his defense strategy for clients.

About the Author: Eldin Hasic

Eldin Hasic is a puzzle solver, both of the jigsaw and complex litigation kind. He represents clients in multidistrict product liability litigation and helps them solve privacy law challenges through both counseling and dispute resolution. Eldin has worked on MDL matters since his first day at the firm, with a focus on complex and omnibus briefing, offensive discovery and mass tort litigation strategy. Eldin has been the primary associate on successful MDL and bellwether briefing for summary judgment and discovery requests, as well as current and complex product liability issues

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