Class Action

  • July 9, 2019

    Can Data Solve BigLaw’s Diversity Problems?

    Even the most well-intentioned law firms can struggle to build and retain diverse teams. Those at the cutting edge are finding the answers could lie in their own internal data.

  • July 9, 2019

    12 Attorneys On How Diversity Gives Them The Edge

    Law360 asked lawyers how diverse backgrounds can be an advantage for them and their firms, and the answers poured in. Here are a dozen personal accounts of diversity at work.

  • July 9, 2019

    Jimmy John's Wants Appeals Court Call On No-Poach Case

    Jimmy John's urged an Illinois federal court on Monday to allow it to seek an appellate court order clarifying how antitrust allegations over so-called no-poach provisions in its employment agreements should be weighed, saying an appeals court's ruling could bring the litigation to an end.

  • July 9, 2019

    Navient Nearly Dodges Public Service Loan Forgiveness Suit

    Public service workers accusing student loan servicer Navient Corp. of giving them bad advice suffered a major setback when a New York federal judge tossed 13 of their 14 claims, keeping just one state deceptive trade practices allegation alive.

  • July 9, 2019

    IPhone Users Push For New Judge After High Court Win

    Consumers defended their request for a new judge to oversee their proposed class action alleging Apple Inc. monopolizes the iPhone app market, arguing Monday that the presiding judge expressed “clear frustration” with their cases and likely won’t follow the U.S. Supreme Court’s ruling on remand.

  • July 9, 2019

    Bernstein, Friedlander Seek Leadership In $1.9B Merger Fight

    A battle for lead counsel may be brewing in Delaware Chancery Court among investors who filed suits against software provider Mindbody Inc. in connection with its $1.9 billion take-private sale to Vista Equity Partners earlier this year, which they contend undervalued the company.

  • July 9, 2019

    EQT Must Pay For Underground Gas Storage, Landowners Say

    More than 100 Pennsylvania landowners in Allegheny, Greene and Washington counties said EQT Corp. has improperly stored natural gas beneath their homes without paying them, according to a proposed class action complaint filed Tuesday in Pittsburgh federal court.

  • July 9, 2019

    UnitedHealthcare Says Prostate Cancer Treatment Suit Flawed

    UnitedHealthcare Insurance Co. has urged a Florida federal judge to pare down a proposed class action accusing the insurer of wrongly denying coverage for a particular prostate cancer treatment, arguing there were flaws in the patients’ fiduciary breach claims.

  • July 9, 2019

    Investors' Deal With Linkwell Execs, Sidley Gets Initial OK

    A Florida federal judge advanced a deal Tuesday that would see two former Linkwell Corp. executives and law firm Sidley Austin LLP pay $6 million to resolve an investor's proposed class action claiming they orchestrated a covert merger to take Linkwell private and escape a shareholders' derivative suit.

  • July 9, 2019

    Investors Say Google Parent Co. Downplaying Data Leak

    Investors in Google’s parent company Alphabet Inc. have accused it of downplaying the seriousness of a bug discovered last year that potentially exposed hundreds of millions of users’ data.

  • July 9, 2019

    Ex-Laser Surgery Chain Workers Win Cert. In Layoffs Suit

    A Florida federal judge on Monday granted a bid by former employees of Tampa-based Laser Spine Institute LLC to certify a class of workers who say they were laid off without the 60-day advance notice required by federal law when the institute closed all of its remaining surgical centers.

  • July 9, 2019

    Investors Hit Back At Crypto Co.'s Bid To Force Arbitration

    Centra Tech investors pushed back in Florida federal court Monday against the now-defunct cryptocurrency company's bid to force into arbitration their claims that it fraudulently raised $32 million in an initial coin offering, arguing that they never saw or signed an arbitration agreement.

  • July 8, 2019

    Split 9th Circ. Won't Undo Revival Of Nestle 'Slave Labor' Suit

    Eight judges dissented in a split Ninth Circuit ruling that declined an en banc rehearing of a panel’s revival of a proposed class action brought by alleged victims of human trafficking who accuse Nestle and Cargill of abetting child slavery on African cocoa farms by paying off slave owners.

  • July 8, 2019

    Looking Back At Some Of Strine's Notable Opinions

    Outgoing Delaware Chief Justice Leo E. Strine Jr. will leave behind a legacy of significant decisions that continue to impact the First State's standing as one of the preeminent corporate dispute venues. Here is a look back at a few of his influential opinions.

  • July 8, 2019

    State Law Claims Revived In Revitalized CRT MDL

    Samsung, Panasonic and other electronics companies are facing a far larger multidistrict litigation over alleged price-fixing for television- and computer-component cathode ray tubes, after a California federal judge lifted a nine-year-old limit on state law claims and the parties prepare for new settlement talks and perhaps a trial.

  • July 8, 2019

    How The Legal Pipeline Is Failing Black Attorneys

    Despite decades of programming and well-meaning talk about increasing diversity, African Americans still make up a lower percentage of law firm lawyers than both Latinos and Asian Americans. Here's what some attorneys are doing about it.

  • July 8, 2019

    Pa. High School Refs Settle Wage Suit With Sports Group

    The Pennsylvania Interscholastic Athletic Association has agreed to pay a collective of high school sports referees over $260,000 to end a federal lawsuit that alleged the organization misclassified refs as independent contractors and paid them less than minimum wage.

  • July 8, 2019

    Noncitizens Push For Class Cert. In Army Discharge Suit

    A group of noncitizen U.S. soldiers pushed back Monday against the Army’s claim that they could be involuntarily discharged without prior notice, saying a procedure cited by the Army to justify those discharges applies only when someone requests separation, not when they are forced into it.

  • July 8, 2019

    UPenn Workers Urge 3rd Circ. Not To Revisit Their ERISA Win

    University of Pennsylvania workers have asked the Third Circuit to stand by its decision to revive an Employee Retirement Income Security Act suit against the school, saying Penn hasn’t backed up its “apocalyptic” claim that litigation like this threatens the existence of defined-contribution retirement plans like 401(k)s.

  • July 8, 2019

    Hyundai, Kia Want Out Of Engine-Defect Suit

    Hyundai Motor Co. and Kia Motor Co. urged a Washington federal court to dismiss a proposed consumer class action accusing the carmakers of concealing dangerous engine defects, arguing that the drivers are wrongly trying to profit from recalls of different car models.

  • July 8, 2019

    Sports Nutrition Co. Wants Out Of Weight Loss Labeling Suit

    The Sports Research Corp. asked a California federal court Monday to throw out a proposed class action alleging that one of its dietary supplements won't help users lose weight as advertised, saying the buyers' suit is based on "cherry-picked" information from unrelated studies.

  • July 8, 2019

    Yale Workers Look To Cornell, Columbia Cases In Cert. Bid

    Yale University workers hoping to proceed as a class in their Employee Retirement Income Security Act suit alleging that their retirement savings were mismanaged have directed a Connecticut federal judge's attention to the Second Circuit's decision not to review class certifications in two similar cases.

  • July 8, 2019

    Monsanto Points To Juror Hug As Bias In $80M Roundup Trial

    Monsanto told a California federal judge Monday that an unfair trial led to its $80 million loss in a Roundup bellwether trial, saying that a juror who recently wrote a letter urging the judge to preserve the award was seen hugging the plaintiff at a post-trial hearing.

  • July 8, 2019

    9th Circ. Revives Beneficiary's Suit Against Northern Trust

    The Ninth Circuit has ruled that the beneficiary of a trust managed by Northern Trust Co. can indeed bring imprudent investment claims against the company because she had no control over its trading strategy.

  • July 8, 2019

    Pilots Sue Boeing Over 737 Max Jetliner Safety Issues

    Pilots hit Boeing with two proposed class actions in Illinois state court Friday that claim the company hid defects in the now-grounded 737 Max 8 jets and failed to properly advise aviators how to handle the jet's safety features in emergencies.

Expert Analysis

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • Justices Could Trigger Sea Change For Tender Offer Suits

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    U.S. Supreme Court oral arguments Monday in Emulex v. Varjabedian — a case that could alter the landscape of tender offer litigation under Section 14(e) of the Securities Exchange Act — confirmed the potentially significant nature of the forthcoming decision, as well as the justices’ sharp divide on the issues, say attorneys with Ropes & Gray.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • TCPA Questions Loom As 11th Circ. Considers 3 Cases

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    As Florida district courts grapple with how to interpret certain aspects of the Telephone Consumer Protection Act, three upcoming TCPA decisions from the Eleventh Circuit could offer guidance on how dialing systems and consent issues will be analyzed, say Ian Ross and Adam Foslid of Stumphauzer Foslid.

  • When Done Right, Class Coupon Settlements Can Still Work

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    Recent objections by the U.S. Department of Justice and state attorneys general to coupon and in-kind settlements in consumer class actions have provided at least a tacit road map for how to design a coupon settlement that may avoid drawing governmental opposition, says Jeffrey Jacobson of Kelley Drye.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • The Art Of Using Preemption To Defend Wage-And-Hour Cases

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    As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study preemption as a potential defense, says Michael Giambona of McDermott.

  • Opinion

    China Agritech Should Apply To State Class Actions

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    While a New York federal court recently ruled that the U.S. Supreme Court's decision in China Agritech v. Resh limits successive class actions only when they are federal claims, state courts should instead follow the California Court of Appeal's approach to this issue, say attorneys at Haynes and Boone.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Opinion

    Amended EU Class Action Proposal Is A Loss For Consumers

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    The U.S. Chamber of Commerce is poised to neuter the European Commission's collective action proposal — intended to let EU consumers challenge corporate misconduct — with a series of debilitating amendments that the Council of the EU must fight back against, says Laura Antonini of the Consumer Education Foundation.

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