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Civil Litigation

Jun. 9, 2009

Standing Straight

It is now settled that only the named plaintiffs asserting a representative Unfair Competition Law claim are required to meet Prop. 64's heightened standing requirement, write Neal Marder and Christian Dodd.

Neal R. Marder

Partner, Akin, Gump, Strauss, Hauer & Feld LLP

1999 Avenue of the Stars Ste 600
Los Angeles , California 90067

Phone: (310) 728-3740

Email: nmarder@akingump.com

Loyola Law School Los Angeles

Neal works with in-house counsel, senior management and boards of directors for companies, oftentimes facing high-profile, bet-the-company business disputes. He also has substantial cross-border litigation experience.

Christian E. Dodd

Hickey Smith LLP

A recent decision by the California Supreme Court has resolved an unsettled issue concerning the standing requirements for absent class members in lawsuits alleging violations of California's Unfair Competition Law, codified at California Business and Professions Code Section 17200 et seq. Prior to 2004, a representative action for relief under the Unfair Competition Law could be maintained by any person acting for the general public, irrespective of whether he or she had been personally i...

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