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Class Action
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August 27, 2025
Google Expert Says Its Disclosures Avoid 'Cognitive Overload'
Google's user-interface expert witness testified Wednesday in a multibillion-dollar data privacy case that Google's decision not to tell users up front that it collected some information despite an activated privacy switch was "good UI design" that protected users from "cognitive overload."
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August 27, 2025
Attys Say Fee Concerns Do Not Bar Student Aid-Fixing Class
Three law firms representing students in a case accusing elite universities of fixing offers of student aid told an Illinois federal court that concerns about attorney fees are unfounded and should not serve as a basis for denying a pending class certification motion.
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August 27, 2025
Judge Unsure AI Drugmaker Investors Backed Retooled Suit
A Connecticut federal judge seemed open to dismissing a securities suit alleging an artificial intelligence-driven drugmaker's executives misled investors about compliance issues plaguing a dementia drug, suggesting during a hearing Wednesday that the amended complaint may not have enough factual support.
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August 27, 2025
Buyers Drop State Claims In Target Deceptive 'Clean' Label Suit
A proposed class of consumers alleging Target's Clean range of beauty products actually contain chemicals harmful to humans and the environment agreed Wednesday to voluntarily dismiss their specific state law claims without prejudice.
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August 27, 2025
Waste Management Gets Initial OK For $30M Settlement
Waste Management Inc. and its note purchasers have received a New York federal court's initial approval of their $30 million deal ending the purchasers' claims that the company concealed information regarding the U.S. Department of Justice's approval timeline of its acquisition of Advanced Disposal Services.
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August 27, 2025
2nd Circ. Partially Revives Suit Over Peloton COVID-19 Sales
A split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable.
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August 27, 2025
Target Warehouse Workers Sue Over Unpaid Walking Time
Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.
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August 27, 2025
MSN Warns Justices Of 'Double Standard' In Entresto Appeal
MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
Investors Push 4th Circ. To Revive Auto Parts Fraud Suit
Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.
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August 27, 2025
Millionaire Dating Site Wins Privacy Arbitration Bid At 9th Circ.
The Ninth Circuit has ruled that an Illinois man must arbitrate his claims that a dating service for millionaires unlawfully stored its users' "face templates," saying in an unpublished opinion that a California federal court did not look at the totality of the circumstances concerning the dating website's service agreement.
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August 27, 2025
Solar Co. Failed To Give Proper Layoff Notice, Suit Says
Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.
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August 27, 2025
JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund Suit
A New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release.
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August 27, 2025
Ex-Jackson Walker Partner Says Romance Suit Is 'Déjà Vu'
A former Jackson Walker LLP partner accused of hiding a romance with a former Texas bankruptcy judge asked a court Tuesday to toss a group of bondholders' proposed class action over their company's Chapter 11 proceeding.
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August 27, 2025
Grubhub Agrees To Pay $7M To End Restaurants' TM Suit
Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.
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August 27, 2025
Bone Broth Co. Inflated Protein Amounts, Suit Claims
Two consumers on Tuesday hit a bone-broth maker with a proposed class action suit in California federal court alleging that the company took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its products.
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August 27, 2025
Home Depot Avoids Ex-Worker's 401(k) Forfeiture Suit
A Georgia federal judge agreed to dismiss a proposed class action alleging Home Depot misspent forfeitures from an employee 401(k) plan by using the assets to reduce employer-side contribution obligations instead of lowering fees planwide, concluding allegations failed to state a claim for violating federal benefits law.
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August 27, 2025
NC City Scraps Race-Based Board Criteria To End Bias Suit
The city of Asheville, North Carolina, has agreed to remove race qualifications from the appointment process for a volunteer advisory board, resolving racial discrimination claims brought by five residents who said their applications were rejected because they are white.
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August 27, 2025
Plantronics Investors Get Final OK For $29.5M Settlement
Investors in electronics company Plantronics have gotten final approval for their $29.5 million deal ending class action claims the company engaged in a "channel-stuffing" scheme to bolster its revenues, hurting investors when trading prices fell after it acknowledged fallout from the scheme.
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August 27, 2025
Crash Victim Hits Progressive With Claims Over 'Regular Use'
Progressive Insurance systematically denied auto insurance coverage under an exclusion relating to vehicles not directly insured but still regularly used, two Pennsylvania residents told a Pennsylvania state court in a proposed class action, saying that the insurer had no reasonable basis to do so.
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August 27, 2025
Fenwick Fights New Claims In FTX Crypto Scam MDL
Fenwick & West LLP has asked a Florida federal judge to shut down a bid by victims of the infamous FTX Trading Ltd. cryptocurrency scam to bring new claims against the firm, calling allegations that it knew about FTX's misuse of customer funds an "irresponsible falsehood."
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August 26, 2025
Google Exec. Disputes '30 Stories' Of Data Claim At Trial
A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.
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August 26, 2025
Adam & Eve Beats Google Tracking Privacy Suit, For Now
A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.
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August 26, 2025
Five Below Beats Some Investor Claims On Growth Potential
A Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things.
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August 26, 2025
Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit
Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.
Editor's Picks
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NFL Seeks To End Race-Based Concussion Tests After Outcry
The NFL said Wednesday it will push to end the use of "race-norming," which assumes Black former players start with lower baseline cognitive test scores, in assessing claims for payouts from the more than $1 billion concussion settlement amid allegations that it is discriminatory.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.