Class Action

  • September 05, 2024

    OpenAI Slams YouTuber's AI Training Class Action

    OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.

  • September 05, 2024

    CrowdStrike Brass Face Investor Suit Over Global Outage

    Executives and directors of global cybersecurity company CrowdStrike have been hit with a shareholder derivative suit alleging that they overstated the capabilities of the company's technology that eventually caused a massive disruption over the summer when its system crashed.

  • September 05, 2024

    Target Says TikTok Claims Are No Match For Actual Facts

    Target told a federal court Wednesday that allegations it secretly employed facial recognition technology to collect shoppers' biometric data without their consent have no basis in fact.

  • September 05, 2024

    Fraud Claims Trimmed In Faulty VW Turbocharger Suit

    A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.

  • September 05, 2024

    5th Circ. Rejects Overtime For Highly Paid Oil Rig Workers

    A group of reamers for an oil and gas company aren't entitled to overtime under federal law because they are paid an annual salary and performed exempt duties, a Fifth Circuit panel ruled, affirming a lower court's decision.

  • September 05, 2024

    2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit

    The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.

  • September 05, 2024

    Fla. Law Firm Says It's Owed $247K In Fees From Chiquita MDL

    A South Florida law firm has urged a federal court to grant it $247,000 for its work in reaching a settlement from the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries, saying a fellow attorney waived objections after failing to meet with other lawyers in the case.

  • September 05, 2024

    Liberty Mutual Settles Call Center Workers' Pay Complaint

    A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.

  • September 05, 2024

    Ill. Judge Exits Home Sellers' Broker Fees Antitrust Suit

    An Illinois federal judge has recused herself from a certified and settled class action that accused the National Association of Realtors and multiple major brokerages of conspiring to charge artificially inflated broker commissions for home sellers.

  • September 05, 2024

    Chancery Presses Pause On $450M Bolt Financial Financing

    Affiliates of multinational investors Hedosophia and BlackRock have won a Delaware Court of Chancery pause of a purported Bolt Financial Inc. $450 million equity financing that would eliminate and replace all the company's preferred stock while returning founder Ryan Breslow to his CEO seat.

  • September 05, 2024

    Veteran Biz Lawyer Set To Mediate NCAA Prize Money Fight

    The National Collegiate Athletic Association and University of North Carolina tennis player Reese Brantmeier have jointly agreed to have veteran Tarheel State business litigator Ray Owens mediate their dispute over the organization's limits on athletes receiving prize money from outside competitions.

  • September 05, 2024

    7-Eleven Owners Not Company Workers, Mass. Justices Say

    The top court in Massachusetts ruled Thursday that 7-Eleven franchise owners aren't employees because they don't perform services for the corporation that licensed them the franchises.

  • September 05, 2024

    Casino Queen Strikes Deal In Workers' ESOP Suit

    Casino Queen's parent company agreed to settle a proposed class action by workers claiming it cost them tens of millions when their employee stock ownership plan bought $170 million of the company's stock in an overinflated deal, according to an Illinois federal court filing Thursday.

  • September 04, 2024

    Albertsons Denied Texas Court Remand In Opioid MDL

    An Ohio federal judge overseeing multidistrict litigation over accusations that drug distributors contributed to the opioid epidemic denied a motion to transfer to Texas a portion of the dispute involving pharmacy company Albertsons.

  • September 04, 2024

    UBS Financial Gets Wrapped Up In Cash Sweep Class Action

    UBS Financial Services has been hit with a proposed class action suit alleging it prioritized its own financial interests and those of its affiliated banks over customers by using its cash sweep program to direct customers' uninvested cash balances into accounts that disproportionately benefited the investment bank.

  • September 04, 2024

    Dentons Adds Litigation And Dispute Partner From Woods

    Dentons has hired a new Montreal-based partner for its litigation and dispute resolution group from Woods LLP, saying she will handle complex domestic and international litigation and arbitration matters.

  • September 04, 2024

    Icahn Enterprises Investor Sues Alleging 'Ponzi-Like' Scam

    An Icahn Enterprises LP investor hit the partnership's billionaire founder Carl Icahn and its board with a derivative suit in Florida federal court Tuesday, accusing them of hiding "highly significant" risks, including the partnership's alleged "Ponzi-like" structure, which purportedly inflated its price and exposed it to regulatory probes and litigation.

  • September 04, 2024

    Virgin Galactic Investor Says Branson, Brass Hid Safety Risks

    A Virgin Galactic stockholder sued the aerospace and space tourism company's founder Richard Branson and top executives in Delaware's Court of Chancery, alleging the billionaire profited by selling off equity at an inflated price while failing to publicly disclose his knowledge of purportedly pervasive safety issues.

  • September 04, 2024

    2nd Circ. Tosses Sudan's Appeal Over 9/11 Immunity Denial

    The Second Circuit has tossed the Republic of the Sudan's challenge to a ruling that the country wasn't immune to liability for allegedly supporting al-Qaida in the lead-up to the 9/11 terrorist attacks, saying the appeal was barred by law.

  • September 04, 2024

    Cheer Parents Request $35M In Fees, Costs For Antitrust Deal

    Three moms that reached an $82.5 million settlement with Varsity Brands in litigation claiming the cheerleading giant stifled competition and raised participation costs asked a Tennessee federal court Wednesday for $35 million of that fund to pay their attorneys' fees and costs.

  • September 04, 2024

    Ga. Justices Won't Disturb Distributors' Opioid Trial Win

    The Georgia Supreme Court affirmed a ruling that family members of drug abusers are not entitled to a new trial after a Glynn County jury cleared opioid distributors of wrongdoing, in response to claims regarding an allegedly dishonest juror and flawed jury instructions.

  • September 04, 2024

    Apollo Defends $570M Controller Deal In Chancery Suit

    An attorney for Apollo Global Management Inc. pushed back Wednesday in Delaware's Court of Chancery on stockholder claims that former company chairman and former CEO Leon Black and two others dominated the business in the runup to a $570 million payout to the three insiders in 2021.

  • September 04, 2024

    Judge Says EB-5 Investors, Fund Must Disclose More Info

    An Illinois federal judge told a group of Chinese investors and a development fund on Wednesday they both must provide additional information in a suit accusing the fund of making off with $13.2 million intended for the development of a Hawaii resort.

  • September 04, 2024

    Amazon Disclosures Doom Prime Viewers' Deception Claims

    A Washington federal judge on Tuesday threw out Amazon Prime subscribers' claims that the company illegally disclosed their personal viewing habits, axing some of their state law consumer protection allegations for good while providing an avenue for them to amend their federal claims.

  • September 04, 2024

    NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach

    As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.

Expert Analysis

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

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    The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

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