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Class Action
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May 30, 2024
Morgan Stanley Helped Musk's Stealth Twitter Buys, Suit Says
Elon Musk and his wealth manager tapped Morgan Stanley to help the Tesla CEO quietly acquire billions of dollars in Twitter securities without tipping off the market before he announced plans to take over the social media company, according to an amended complaint filed in New York federal court.
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May 30, 2024
9th Circ. Reopens Mandatory Security Check Wage Fight
The Ninth Circuit on Thursday largely revived a proposed wage class action by a subcontractor who sought to be paid for undergoing mandatory security checks and vehicle inspections at a solar project site, following the California Supreme Court's ruling that found the time to be compensable as "hours worked."
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May 30, 2024
Madonna Fan Didn't Cherish Late Show With Nudity, Suit Says
Madonna and four concert venues were hit with a class action in California state court Wednesday by a fan who says he purchased a $500 ticket to see the pop singer in an "uncomfortably hot" arena that featured a lip-syncing star who took the stage very late with "pornographic" topless dancers.
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May 30, 2024
Defendant Dropped From Calif. Broker Commissions Case
A California federal judge has dismissed a multiple listing service from a proposed antitrust class action that accused the service and several real estate brokerages of engaging in a conspiracy to artificially inflate buyer broker commissions on home sales.
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May 30, 2024
La-Z-Boy Hit With Suit Over Misleading Furniture Pricing
Furniture manufacturer La-Z-Boy Inc. was accused on Thursday in California federal court of falsely advertising the prices of home furnishings sold by its subsidiary.
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May 30, 2024
Veradigm Execs Sued Over Company's Nasdaq Delisting
Current and former members of healthcare technology company Veradigm Inc.'s top brass were sued in Illinois federal court by shareholders alleging that the company suffered stock drops following a string of financial reporting blunders starting in 2021, which caused it to overstate roughly $40 million in revenue before facing a delisting notice from Nasdaq.
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May 30, 2024
Chancery Sweeps Away Most Challenges To Broker's Control
Independent insurance distributor BRP Group Inc. has defeated most stockholder challenges to founder preapproval requirements for company actions, according to a Delaware Court of Chancery ruling upholding a consent and defense agreement established after the company was sued.
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May 30, 2024
Travelers Loses Dismissal Bid In BIPA Coverage Dispute
A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.
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May 30, 2024
Honduran Workers Say Carnival Overworked, Underpaid Them
Two Honduran seasonal workers have filed suit in a Virginia federal court, saying they were forced to work 80 hours a week assembling and disassembling rides for a traveling carnival for only a little more than $400 a week.
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May 30, 2024
Voice Software Co. Gets Bank Customer Privacy Suit Trimmed
A California federal judge has trimmed a consolidated action against Nuance Communications over its voice-detection software that was used by JPMorgan Chase Bank NA, saying that the class members failed to show how Nuance supposedly used the software to assess the truth or falsity of a person's statements by analyzing their vocal characteristics.
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
Target's Surveillance System Violates BIPA, Shoppers Say
Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
Court Urged To Bring Fla. College Retirement Fee Suit To Trial
Workers for Embry-Riddle Aeronautical University have urged a Florida federal court to reject the college's bid for an early win in the proposed class action lawsuit over retirement account investments, saying key factual disputes that still remain over whether recordkeeping fees should be hashed out at trial.
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May 30, 2024
The 'Not-Postings' Of A Delaware Chancery Court Judge
Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.
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May 30, 2024
NYU Law Review Beats Bias Claims Over Diversity Efforts
A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.
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May 30, 2024
Ford Settles Union Worker's Retirement Credit Suit
Ford Motor Co. and a union retirement plan have agreed to settle an employee's proposed class action claiming the company improperly calculated retirement benefits owed to workers who were injured on the job, according to a filing Thursday in Michigan federal court.
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May 30, 2024
Chauffeur Co. Agrees To Pay $2.5M In Wage Settlement
A chauffeur company agreed to give $2.5 million to settle over 600 drivers' claims that it failed to pay them hourly or for overtime or maintain records as required by federal and state labor law, according to a bid to approve the deal filed in Arizona federal court.
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May 30, 2024
Kraft-Owned Paper Mill Inks $18M Deal In Emissions Suit
Property owners who sued the operators of a paper mill co-owned by New England Patriots owner Robert Kraft have asked a South Carolina federal court to approve an $18 million settlement to end nuisance and personal injury claims over the mill's emissions.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 30, 2024
Ex-Sidley Atty To Lead Faegre's West Coast Class Action Team
Faegre Drinker Biddle & Reath LLP is boosting its litigation team, announcing Wednesday it is bringing in a Sidley Austin LLP class action ace as a partner in its Los Angeles office.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
Spotify Listeners Slam Scrapped Music Device As 'Paperweight'
Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
Expert Analysis
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Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
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ESG Concerns Can No Longer Be Ignored In 2024
While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.
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Opinion
Conflicts Abound When Activist Short-Sellers Publish Reports
The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.
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Emerging Risks Affecting The Tech Legal Landscape
The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What Brands Need To Know About Consumer Reviews In 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
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2 Cases Highlight NJ Cannabis Employment Law Uncertainties
More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Compliance Risk After SEC Warning Against 'AI Washing'
The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.
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Shopify Ruling May Support Personal-Jurisdiction Defenses
Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.