Class Action

August 14, 2018
BlackBerry Slams Class Cert. Bid In Stock-Drop Suit

BlackBerry Ltd. has asked a New York federal judge not to certify a proposed class of investors alleging the company inflated its stock by hiding the poor performance of its Z10 smartphone, arguing that even the investors' experts cannot confirm that any of the company's alleged misstatements affected its share price.
August 14, 2018
REIT Seeks To Arbitrate Homeowner’s Joist Defect Suit

Weyerhaeuser Co. on Monday urged a Minnesota federal court to force a homeowner to arbitrate his claims that defective joists in his home gave off formaldehyde gas, arguing that not doing so would run afoul of a home purchase agreement and create more confusion.
August 14, 2018
State Street, Shareholders Seek OK Of $4.9M Deal

Shareholders suing State Street Corp. in a proposed class action have asked a Massachusetts federal judge to approve a $4.9 million settlement in the case, which alleged the bank overcharged clients and inflated revenue and profits in its financial statements.
August 14, 2018
Class In $3B Petrobras Deal Wants Objector Atty Sanctioned

The lead plaintiff in the historic $3 billion class action settlement resolving securities fraud claims against Petrobras asked a New York federal court on Monday to sanction the counsel of record for an objector to the settlement, saying the attorney's "frivolous" arguments prove he is only trying to "line his own pockets."
August 14, 2018
Investors Sue MoviePass Owners As Stock Bottoms Out

Helios and Matheson Analytics Inc. investors filed a putative class action suit against the company alleging that it misled the public on the profitability of moviegoing subscription service MoviePass Inc. before the stock bottomed out, according to a filing in New York federal court Monday.
August 13, 2018
Investors Secure Class Cert. In Biotech Stock-Drop Case

A California federal judge on Monday certified a shareholder class alleging that biotech company NantKwest didn’t tell investors the company had incurred over $114 million in executive compensation expenses for its chief executive officer prior to its $225 million initial public offering in 2015.
August 13, 2018
David Boies On How Dyslexia Shaped His Practice

One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.
August 13, 2018
Michael Kors Wage Class Action Likely Headed To Arbitration

A California federal judge on Monday tentatively ruled that Michael Kors USA Inc. and a staffing company can send to individual arbitration a woman’s putative class action alleging the companies stiff workers on overtime and withhold rest and meal breaks.
August 13, 2018
BigLaw’s Mental Health Stigma Shows Signs Of Fading

Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.
August 13, 2018
States Push Back Against Dismissal Bids In Opioid MDL

Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.
August 13, 2018
Calif. High Court Says High-Interest Loans May Be Illegal

The high interest rates on CashCall’s consumer loans worth more than $2,500 could be unconscionable, the California Supreme Court said Monday, answering the Ninth Circuit’s query on whether the state’s Financial Code, which lays out interest caps on loans under $2,500, could apply to larger debts.
August 13, 2018
Apple Seeks To Stop Class Action Bid Over Cracked Watches

Apple urged a California federal judge Friday to toss a proposed class action accusing the company of selling millions of watches with defective screens that can crack or shatter, saying the watch that prompted the suit broke after the warranty expired.
August 13, 2018
Suit Against Six Flags Over Receipts Kicked To State Court

A New Jersey federal judge on Monday sent back to state court a putative class action against Six Flags Great Adventure LLC over claims the amusement park’s credit and debit card receipts exposed patrons to identity theft, saying the remand was required since the court did not have subject matter jurisdiction due to a customer’s lack of standing.
August 13, 2018
China Telecom Unit Smacked With TCPA Suit Over Robocalls

An American subsidiary of state-owned China Telecom Corp. Ltd. has been hit with a proposed class action in California federal court alleging that the telecom provider has violated the Telephone Consumer Protection Act by bombarding consumers with robocalls.
August 13, 2018
$7B USG-Knauf Merger Hit With Del. Chancery Class Suits

Two investors in drywall maker USG Corp. filed proposed class action complaints Monday in Delaware Chancery Court alleging the company’s board breached its fiduciary duties in approving a $7 billion combination with Gebr. Knauf KG.
August 13, 2018
Calif. Panel Nixes WinCo Foods Meal Break Suit

A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.
August 13, 2018
Energy Cos. Win Nix Of Suit On Okla. Quake Insurance Costs

A federal judge on Monday threw out a proposed class action asserting that a slew of oil and gas companies should be forced to pay for Oklahomans’ earthquake insurance premiums given that their use of hydraulic fracturing wastewater disposal wells has allegedly caused a rise in man-made earthquakes in the state.
August 13, 2018
Opioid MDL Bellwether Trial Postponed 6 Months

An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.
August 13, 2018
Farmers, Dairy Co-Op Reach $40M Deal To End Milk Price Suit

A California federal court was asked Monday to approve a $40 million settlement to resolve putative claims for tens of thousands of dairy farms alleging that cooperative DairyAmerica Inc. and affiliate California Dairies conspired to boost profits by lowballing milk prices paid to farmers.
August 13, 2018
Lululemon Workers Poised To Get Cert. In FLSA Suit

A New York federal magistrate judge Monday recommended the court certify a class of employees in a suit alleging fitness wear retailer Lululemon does not pay them for hours spent on mandatory community outreach and administrative work.

Expert Analysis

Employee Performance Ratings: Tainted Or Sainted?

The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.
Opinion

3 Pros, 3 Cons Of Litigation Finance

An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.
New 'Shine The Light' Suits Highlight Privacy Issues

The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.
Modern Communication Brings E-Discovery Challenges

As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.
Opinion

Conservative Supreme Court Activism Risks Backlash

As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.
Opinion

It's Not All About The Benjamins, Baby (Lawyer)

Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
Series

Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.
An Update On Anti-Poach Enforcement And Class Actions

In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.
3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.
The 1st Judicial Finding That Digital Tokens Are Securities

A Florida magistrate judge's finding last month that tokens issued and sold by technology startup Centra Tech are investment contracts could serve as a road map for the evaluation of token sales in other cases, say attorneys with DLA Piper.

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