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  • 1.

    Outline the organisation of your court system as it relates to collective actions. In which courts may class actions be brought?

  • 2.

    How common are class actions in your jurisdiction? What has been the recent attitude of lawmakers and the judiciary to class actions?

  • 3.

    What is the legal basis for class actions? Is it derived from statute or case law?

  • 4.

    What types of claims may be filed as class actions?

  • 5.

    What relief may be sought in class proceedings?

  • 6.

    Is there a process for consolidating multiple class action filings?

  • 7.

    How is a class action initiated?

  • 8.

    What are the standing requirements for a class action?

  • 9.

    Do members of a class have to opt in or opt out of the action? Are class members notified that an action has been commenced on their behalf and, if so, how?

  • 10.

    What are the requirements for a case to be filed as a class action?

  • 11.

    How does a court determine whether the case qualifies for a collective or class action?

  • 12.

    How does discovery work in class actions?

  • 13.

    Describe the process and requirements for approval of a class-action settlement.

  • 14.

    May class members object to a settlement? How?

  • 15.

    What is the preclusive effect of a final judgment in a class action?

  • 16.

    What type of appellate review is available with respect to class action decisions?

  • 17.

    What role do regulators play in connection with class actions?

  • 18.

    What role does arbitration play in class actions? Can arbitration clauses lawfully contain class-action waivers?

  • 19.

    What are the rules regarding contingency fee agreements for plaintiffs’ lawyers in a class action?

  • 20.

    What are the rules regarding a losing party’s obligation to pay the prevailing party’s attorneys’ fees and litigation costs in a class action?

  • 21.

    Is third-party funding of class actions permitted?

  • 22.

    Can plaintiffs sell their claim to another party?

  • 23.

    If distribution of compensation to class members is problematic, what happens to the award?

  • 24.

    Describe any incentives the civil or criminal systems provide to facilitate follow-on actions.

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Considered one of the largest law firms in Brazil, Trench Rossi Watanabe Advogados has a comprehensive and cutting edge operation with expertise in all areas of law. Founded in 1959, the firm provides legal services to national and international clients across several markets, helping them to manage their business in an ethical and efficient way.

View more information about Trench Rossi Watanabe

São Paulo
Edifício EZ Towers Torre A – 31º andar
Rua Arq. Olavo Redig de Campos 105
São Paulo
T: +55 11 3048 6786
F: +55 11 5506 3455


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