Alison Frankel

Can market competitors police false ads better than class actions?

By Alison Frankel
June 13, 2014

Companies should not mislead consumers about their products. Some do anyway. Those companies should be held accountable for their deception, not only because they lied but also to deter other companies from lying.

New class action: Real victims of Samsung infringement are consumers

By Alison Frankel
February 10, 2014

Once again, we are reminded that defendants underestimate the creativity of the class action bar at their own peril.

How Facebook IPO class action lawyers changed judge’s mind

By Alison Frankel
December 20, 2013

The first paragraph of Facebook’s motion to dismiss a securities class action that raised allegations about disclosures in its initial public offering was a no-brainer. Last February, U.S. District Judge Robert Sweet of Manhattan tossed four shareholder derivative suits based on the same underlying facts, concluding in a voluminous opinion that Facebook had “repeatedly made express and extensive warnings” about potential weaknesses in its revenue model as users shifted from desktop computers to mobile devices. So in May, when Facebook’s lawyers at Kirkland & Ellis and Willkie Farr & Gallagher moved to dismiss the parallel securities class action, which is also before Judge Sweet, they quoted the judge’s own words right back to him, not just in the first paragraph but seven more times in the dismissal brief.

Intellectual Ventures hit Hynix, Elpida with second IP suit

By Alison Frankel
July 12, 2011

Last December, when Nathan Myhrvold’s ginormous patent-aggregator Intellectual Ventures filed its first three patent infringement suits, it seemed as though a dam had broken. Between the time IV was founded in 2000 until last December, the company had spent hundreds of millions of dollars to acquire some 30,000 patents — but it had never filed a suit to enforce them. IV instead relied on the leverage of its vast portfolio to make licensing deals. The tech world wondered whether the December infringement suits were the first trickles of what would become a river of litigation.