Class Action

  • January 20, 2022

    Foreign Workers Hit Imperial Pacific Casino With Bias Suit

    A proposed class of Turkish employees admitted to the United States under the H-2B temporary foreign worker visa program has accused a Hong Kong-headquartered company of underpaying them as they built a casino-hotel resort in the Commonwealth of the Northern Mariana Islands.

  • January 20, 2022

    Yearbook Images Are Fair Game, Ancestry.com Tells 9th Circ.

    Ancestry.com has told the Ninth Circuit that a lower court correctly axed a proposed class action that argued the site needed consent to publish school yearbook photos, calling the claims "ill-founded" and saying the individuals behind the suit have no right to restrict access to public information.

  • January 20, 2022

    Petco Says Incoming Decisions Merit Pausing Biometric Suit

    Petco urged an Illinois state court on Thursday to pause a former employee's biometric privacy suit targeting its time-tracking protocols, arguing that at least two impending Illinois Supreme Court decisions could block all his claims.

  • January 20, 2022

    Illinois Judge Signals OK For $1M Deal In Hyatt Privacy Case

    A Cook County judge on Thursday signaled that she would grant a final signoff to a roughly $1 million deal resolving class claims that Hyatt Corp. violated Illinois' biometric privacy law by requiring employees to use a fingerprint-based timekeeping system without first getting their written permission and making mandated disclosures.

  • January 20, 2022

    Firms Get $23.5M For $100M Merger Suit Settlement In Del.

    Three firms are getting a $23.5 million fee per a vice chancellor's approval of a $100 million settlement of a Delaware Chancery Court suit that accused Clayton Dubilier & Rice LLC of steering a construction industry supplier it controlled into an allegedly "grossly unfair" $1.2 billion merger.

  • January 19, 2022

    Smoking Was Bladder Cancer Patient's Choice, RJR Tells Jury

    R.J. Reynolds told a Florida state jury Wednesday that a bladder cancer survivor's smoking wasn't due to addiction, saying he willingly restarted smoking even after an episode in which he stopped for days while lost at sea on his boat.

  • January 19, 2022

    Pot Greenhouse Co. Investors Get Green Light For $1.5M Deal

    A Colorado federal judge on Wednesday gave preliminary approval to a $1.5 million settlement in a suit brought by investors of a bankrupt marijuana greenhouse leasing business, paving the way for resolution of a yearslong spat over the company's disclosures leading up to its offerings.

  • January 19, 2022

    Goldman Asks To Exit Investor Suit At Heart Of Cert. Battle

    Goldman Sachs has once again asked a New York federal judge for summary judgment in a 12-year-old securities class action linked to the financial crisis, seeking to end a suit stalled in recent years by a precedent-setting fight over class certification.

  • January 19, 2022

    Sanofi Tells 10th Circ. It Paid $36M To Access EpiPen Market

    Sanofi-Aventis US LLC told the Tenth Circuit during oral argument Wednesday that it should not have had to offer a pharmacy benefits manager $36 million in rebates for an unrelated product to be able to compete with Mylan in the market for its emergency allergy treatment EpiPen.

  • January 19, 2022

    Feds Can't Add 'Political' Defense To ND's $38M Pipeline Suit

    A North Dakota magistrate judge has rejected the federal government's bid to add new defenses to the state's $38 million suit against it for supposedly failing to control demonstrations against the Dakota Access Pipeline, saying it's too late for the U.S. to make those arguments.

  • January 19, 2022

    8 Firms Jockey For Lead In Investors' Suit Against Peloton

    Eight law firms have submitted bids to a New York federal judge to lead a proposed class of Peloton Interactive Inc. investors who claim the fitness-equipment company made false assurances about the company's success in relation to the COVID-19 pandemic.

  • January 19, 2022

    Del. Chancery Approves Expedia Settlement, $6.5M Fee Award

    A Delaware Chancery Court judge on Wednesday approved a settlement resolving a derivative stockholder suit that claimed Expedia Group Inc.'s $2.6 billion acquisition of Liberty Expedia Holdings Inc. was unfairly structured to benefit Expedia Chairman Barry Diller and his family.

  • January 19, 2022

    Menswear Firm Bonobos Gets Data Breach Class Action Nixed

    Partial credit card numbers, encrypted passwords and other data exposed in a 2020 breach at menswear company Bonobos do not raise a high enough risk of future identity theft to justify keeping a class action alive, a New York federal court found Wednesday.

  • January 19, 2022

    9th Circ. Urged To Uphold Pandora IP Ruling

    Flo & Eddie Inc., a corporation owned by two founding members of the rock band The Turtles, wants the Ninth Circuit to back a California federal judge's refusal to let music streaming service Pandora escape a copyright lawsuit over pre-1972 recordings.

  • January 19, 2022

    Drugmakers Want Discovery From Valisure In Zantac MDL

    GlaxoSmithKline LLC urged a Florida magistrate judge on Wednesday to allow it to get more information from pharmacy Valisure LLC in multidistrict litigation over alleged links between the heartburn drug Zantac and various cancers, arguing that Valisure's initial testing of the drug and citizen petition to the U.S. Food and Drug Administration "permeates through the case."

  • January 19, 2022

    Kreindler Says 9/11 Case Leak Doesn't Warrant Sanctions

    Kreindler & Kreindler LLP has argued that it should not face sanctions over a former consultant's leak of a deposition from litigation over the 9/11 terrorist attacks, as Saudi Arabia argued the firm willfully violated the protective orders covering the case.

  • January 19, 2022

    Nestle Says Coffee-Mate Buyers Misjudged Serving Size

    A group of Nestle Coffee-mate consumers who claim the coffee creamer product doesn't contain all the advertised servings did not correctly measure out the teaspoon serving, the food giant told a New York federal judge Tuesday, saying the consumers don't have a case.

  • January 19, 2022

    Mattel, Investors Get OK On $98M Deal Over Tax Misstatement

    A California federal judge preliminarily approved a $98 million settlement in a class action brought by investors against Mattel and PwC claiming the companies misled them by understating an income tax expense and conspiring to conceal the error.

  • January 19, 2022

    2 Firms Will Lead Investor Suit Over GW Pharma's $7.2B Deal

    A California federal judge has appointed Monteverde & Associates and Kahn Swick & Foti as co-lead counsel of a proposed securities class action against GW Pharmaceuticals over claims that it misled investors to achieve a $7.2 billion acquisition deal with Ireland-based Jazz Pharmaceuticals.

  • January 19, 2022

    Firms Seek $12M For $45M Surgery Partners Suit Settlement

    Heyman Enerio Gattuso & Hirzel LLP and Block & Leviton LLP are seeking $12.1 million for their work brokering a proposed $45 million settlement that would end a Surgery Partners stockholder's suit in Delaware Chancery Court over a $760 million acquisition of a surgery center in 2017.

  • January 19, 2022

    No New Trial For Smith & Nephew Hip Implant Patient

    A Maryland federal judge has denied a hip implant patient's bid for a new trial against Smith & Nephew Inc. on allegations that she was injured by a defective hip implant, finding that none of her objections to evidentiary and expert witness rulings warrant disturbing the jury's findings.

  • January 19, 2022

    U. Mich. Strikes $490M Settlement Over Sex Abuse Claims

    The University of Michigan will pay $490 million to resolve claims by more than 1,000 people who said they were sexually abused by a former university sports doctor, the school and attorneys for the accusers said Wednesday.

  • January 19, 2022

    Boston Children's Retirement Plan Too Pricey, Suit Says

    Boston Children's Hospital drained the pockets of its former employees by having them pay sky-high record-keeping fees on its retirement plan while also pushing them to invest in a suite of expensive, underperforming mutual funds, former employees said in a class action filed Tuesday.

  • January 18, 2022

    Pharma Biz Lied About COVID-19 Drug's Prospects, Suit Says

    NRx Pharmaceuticals was slapped with a proposed investor class action Tuesday claiming the company lied about the potential for Zyesami to get emergency use authorization to treat COVID-19, resulting in a stock tumble after the Food and Drug Administration didn't approve the respiratory-failure drug.

  • January 18, 2022

    Marsh McLennan Employee Data Breach Suit Gets Tossed

    Two former Marsh McLennan employees aren't entitled to relief for the professional services firm's alleged failure to protect their personal information in a data breach, a New York federal judge ruled, saying the workers failed to show how they were harmed.

Expert Analysis

  • Parsing Boeing Decision In Light Of ESG, Caremark Trends

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    The recent Boeing shareholder litigation ruling comes amid an increase in Delaware Caremark decisions and attention to environmental, social and governance issues, which together will likely reorient boards' attention to core governance and how they monitor ESG risks, say Helene Banks and Elizabeth Sweeny at Cahill Gordon.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Evolution Of Public Nuisance Claims Means For Cos.

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    As public nuisance suits against corporations have grown, and courts are increasingly given such claims greater credence, companies across many industries may now find themselves facing liability, say Laura Flahive Wu and Nicole Antoine at Covington.

  • Resolving When Fla. Consumer Statute Gives Cos. Standing

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    Courts in Florida have struggled over whether a business has standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act when consumers suffer harm — but there is an argument that has not yet been considered that could resolve the question, say Aaron Weiss and Michael Zilber at Carlton Fields.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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    In the six months since the U.S. Supreme Court's decision in Facebook v. Duguid, which narrowed the scope of the Telephone Consumer Protection Act, a growing number of rulings provide hope that meritless lawsuits based on automatic telephone dialing systems can be stopped at the pleadings stage, say Becca Wahlquist and Lauri Mazzuchetti at Kelley Drye.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • 7th Circ. Ruling Offers Arbitration Clarity For ERISA Claims

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    Although the Seventh Circuit recently decided a retirement plan arbitration provision was unenforceable in Smith v. Board of Directors of Triad Manufacturing, the ruling is the court’s first broad approval of the dispute-resolution method for Employee Retirement Income Security Act claims, and provides arbitration clause guidance for plans covered by the statute, say attorneys at Winston & Strawn.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Social Media, Mass Torts Affect Adverse Event Reports

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    Increases in mass tort litigation e-discovery and social media use are driving a surge in the amount of adverse event information received by manufacturers from the public about their drugs and medical devices, so companies must proactively consider how they will handle this data while remaining compliant with their reporting obligations, says Adam Pierson at DLA Piper.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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