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Class Action

  • July 12, 2018

    Lenovo Cuts $7.3M Deal To Settle Adware Class Action

    Lenovo Inc. has agreed to pay a certified class of nationwide consumers $7.3 million to resolve allegations it preinstalled software on laptops that caused performance, privacy and security issues, according to court documents filed in California federal court.

  • July 12, 2018

    Cemtrex Hit With Shareholder Derivative Suit Over Stock-Drop

    Industrial equipment manufacturer Cemtrex Inc. and its executive officers were hit with a shareholder derivative lawsuit in New York federal court Wednesday, claiming that information made public in a series of online articles caused stock values to plummet.

  • July 12, 2018

    Yahoo Investors Can't Rouse Alibaba Stock Suit In 9th Circ.

    The Ninth Circuit refused Thursday to revive Yahoo Inc. investors' derivative shareholder suit alleging the company violated a deal with the U.S. Securities and Exchange Commission by purchasing stock in retail website Alibaba, saying the claims have no place in federal court.

  • July 12, 2018

    No Science Behind 'SuperStarch' Label Claims, Suit Says

    A line of sports performance products containing "SuperStarch," which claims to be an easily digestible carbohydrate that promotes energy and fat burn, actually impaired athletes by causing them gastrointestinal distress, according to a proposed class action filed in Illinois federal court Wednesday.

  • July 12, 2018

    Tesla Doc Dump Bloating Stock-Drop Suit, Investors Say

    Shareholders who claim Tesla Inc. hid information about production delays for its Model 3 sedan criticized the automaker on Wednesday for burdening a California federal court with 300 pages of "extraneous material" in its bid to dismiss their stock-drop suit, saying Tesla is trying to swap their allegations with its "own version of the facts."

  • July 12, 2018

    Willis Towers Watson Ducks Investors' $18B Merger Suit

    A Virginia federal judge on Wednesday booted a putative investor class action that sought to pin Towers Watson & Co. and Willis Group over their $18 billion merger that formed Willis Towers Watson PLC, which investors said undervalued Towers Watson and overcompensated the new CEO, finding the claims were too late.

  • July 12, 2018

    Labaton Asks 1st Circ. To Remove Judge In $75M Fee Fight

    Labaton Sucharow LLP has asked the First Circuit to force a Massachusetts federal judge to step down, claiming that is the only way it can get a fair shake in a $75 million attorneys' fee fight following a $300 million State Street Corp. settlement, according to a brief made public Thursday morning.

  • July 11, 2018

    J&J Says Talc-Cancer Link 'Fiction' At 22-Woman Trial's Close

    Mark Lanier, representing 22 women who allege Johnson & Johnson’s talcum powder gave them cancer, told a St. Louis jury during Wednesday closing arguments to place themselves in an episode of “CSI: St. Louis” and bring the company to justice, and J&J’s counsel praised Lanier's storytelling, but said “some stories are just fiction.”

  • July 11, 2018

    Investors Sue Glencore Over FCPA Probe, Stock Drop

    Glencore PLC was hit with a putative stock-drop class action in New York federal court Wednesday, just days after getting hit with a similar suit in New Jersey federal court, from investors seeking to recoup losses following announcements that the United Kingdom and the United States are investigating the Swiss company’s overseas dealings.

  • July 11, 2018

    Kavanaugh Splurged On Baseball Tix, Reports Say

    D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.

  • July 11, 2018

    Ben & Jerry’s Sources From Not-So-Happy Cows, Suit Says

    The Organic Consumers Association, a national nonprofit consumer advocacy group, has sued Ben & Jerry’s Homemade Inc. and its parent company Unilever in Washington, D.C., court, alleging they market some ice creams sourced from inhumane factory farms as being produced by “happy cows” raised in “caring dairies.”

  • July 11, 2018

    Blucora Slams Investors' Attorney-Led Suit In Chancery

    Attorneys for investors in tax and finance software venture Blucora Inc. weathered a daylong bombardment of challenges Wednesday to their claims of conflicts, bad faith and insider dealings in connection with two mergers, with the company branding the case attorney-led and calling for disqualification of the lead plaintiff or lead counsel.

  • July 11, 2018

    Royal Park Denied Class Certification In US Bank RMBS Suit

    Royal Park Investments SA/NV can’t have class action status for its suit accusing U.S. Bank NA of fumbling its duties as trustee to nearly two dozen residential mortgage-backed securities trusts, a New York federal judge ruled Tuesday.

  • July 11, 2018

    Brown U. Gets Employees' ERISA Suit Trimmed

    A proposed Employee Retirement Income Security Act class action against Brown University survived a motion to dismiss on Wednesday, though the judge lopped a few claims off the suit claiming the Ivy League school’s retirement plan administrators charged excessive fees and made subpar investment choices.

  • July 11, 2018

    Auditor Tapped To Help Wrap Up NCAA Concussion Deal

    The Illinois federal judge overseeing multidistrict litigation regarding the National Collegiate Athletic Association’s allegedly lax concussion protocols again pushed back final approval of its proposed settlement with student athletes and appointed an independent auditor to examine notice records after learning that 17,000 college athletes have not been directly notified of the deal.

  • July 11, 2018

    Online Macy's Shopper Lodges Data Breach Suit

    Macy’s was hit with a proposed class action in Alabama federal court alleging that its “lackadaisical, cavalier, reckless and negligent” approach to protecting shoppers’ personal information opened the door for a recent data breach that compromised online customer accounts.

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    Gigamon Sidesteps Securities Fraud Shareholder Suit

    Gigamon Inc. has dodged a shareholder suit — for now — alleging the network technology company exaggerated projected earnings prior to a report that revealed them to be around $10 million less than heralded, as a California federal judge Wednesday said the case for securities fraud fell short of showing intentional misinformation.

  • July 11, 2018

    Cinemark Workers Near Cert. In Wage Statement Row

    A California federal judge indicated Wednesday he'll certify a class of Cinemark workers alleging the movie theater chain didn’t furnish accurate wage statements, a dramatic turnaround from three years ago when he denied certification and said it was "appalling" that the case was still alive.

  • July 11, 2018

    Hewlett Packard Gets Age Bias Suit Tossed Due To Venue

    A California federal judge on Wednesday dismissed a putative age discrimination class action against Hewlett Packard Enterprise Co. and HP Inc., finding that the Palo Alto-based companies' former president’s comments about hiring “lots of young people” were not enough to keep the case in the Golden State.

Expert Analysis

  • NC Phishing Scam Case Is A Broad Warning To Employers

    J.M. Durnovich

    A North Carolina federal court recently ruled that an employer could face treble damages for an employee’s mistake of sharing personal information in response to a phishing email. The reasoning could foreshadow how courts interpret cybercrime liability in other states, says J.M. Durnovich of Poyner Spruill LLP.

  • Defenses Remain For Companies In Calif. Call Recording Suits

    Joshua Briones

    Many defendants settle California Invasion of Privacy Act cases out of fear that courts will find violations even where no confidential information is recorded and where no one is harmed. But several decisions in the first half of 2018 provide these defendants with additional strategies, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Series

    FLSA Turns 80: Modern-Day Wage Theft

    Lee Schreter

    The Fair Labor Standards Act fails to recognize that many of today’s employees are in the best position to record their own working time. Of course, this raises questions about how an employer can commit “wage theft” when an employee is actively choosing not to follow instructions and not to record all hours worked, say Lee Schreter and Pierre-Joseph Noebes of Littler Mendelson PC.

  • China Agritech: More Than Meets The Eye

    Erica Rutner

    There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • How Will Weinstein Co. Bankruptcy Impact Accusers?

     Matthew LaGarde

    Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company's recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.

  • Series

    FLSA Turns 80: A Closer Look At Conditional Cert. Standard

    Sari Alamuddin

    While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.