Class Action

  • October 04, 2019

    Pomerantz Named Lead Counsel In Bribery Stock Drop Suit

    Pomerantz LLP has been appointed lead counsel in a proposed class action in California federal court by two investors in ChinaCache International Holdings Ltd. who say the Beijing-based company misled investors about risks to the company for more than four years.

  • October 04, 2019

    Retailers Win Fight Over How To Carve Loestrin Antitrust Trial

    Retailers who bought the hormonal birth control pill Loestrin have won a contentious fight over how to slice up an approaching multidistrict litigation trial over whether two pharmaceutical companies worked together to keep generic versions of the pill off the market.

  • October 04, 2019

    Insurer Tells 7th Circ. It’s Not Liable For $50M Pollution Award

    Westfield Insurance Co. asked the Seventh Circuit to uphold a ruling that it had no obligation to defend a recycling plant that had been hit with a $50 million default judgment in a pollution class action.

  • October 04, 2019

    Cooley Says Theranos Founder Holmes Not Paying Legal Bills

    Theranos Inc. founder Elizabeth Holmes hasn't been paying her legal bills and likely never will, Cooley LLP attorneys have told an Arizona federal judge in a motion seeking permission to stop representing the embattled former CEO in consolidated civil litigation accusing her and her defunct blood-testing startup of fraud.

  • October 04, 2019

    5th Circ. Won't Revive $220M Cobalt Insurer Fight In Fed Court

    A dispute over whether two insurers must pay for Cobalt International Energy Inc.'s $220 million securities class action settlement will have to play out in state court, the Fifth Circuit ruled Thursday.

  • October 04, 2019

    ERISA Trio Gives Justices A Chance To Curb Benefits Suits

    With three ERISA cases on its docket this year, the U.S. Supreme Court has a chance to significantly restrict workers and retirees' ability to pursue class actions under the federal benefits statute.

  • October 04, 2019

    Pilgrim's Pride Investor Suit In Chancery Settles For $42.5M

    A $42.5 million settlement is in place to end a minority stockholder derivative suit in Delaware Chancery Court against the controlling shareholder of chicken producer Pilgrim’s Pride Corp. over the $1.3 billion acquisition of an affiliated company, according to documents filed Friday.

  • October 04, 2019

    Shutterfly Says Ill. Biometric Law Doesn't Cover Online Photos

    Shutterfly Inc. urged an Illinois federal judge Thursday to toss out a lawsuit claiming its facial recognition technology violates the state's biometric privacy law, arguing the statute excludes liability over information derived from online photographs.

  • October 04, 2019

    Tech Co. Impinj, Execs Must Face Suit Over Platform Problems

    Technology company Impinj Inc. and two of its top executives can’t escape a securities fraud suit that claims they lied to investors about problems with the platform’s functionality, a Washington federal court ruled Friday, though claims against a third executive were trimmed from the suit.

  • October 04, 2019

    Bacardi, Winn-Dixie Want Out Of 'Grains Of Paradise' Suit

    Bacardi USA Inc. and Winn-Dixie Supermarkets Inc. urged a Florida federal court on Friday to toss a suit claiming they sold a brand of gin "adulterated" with an ingredient called "Grains of Paradise," saying federal regulators explicitly categorize the spice as safe for consumption.

  • October 04, 2019

    Match's Phony Love Ads Hurt Co.'s Stock, Investors Say

    A proposed class of Match Group investors sued the online dating giant in Texas federal court, saying a Federal Trade Commission complaint over the company's alleged use of fake advertisements led to the company's stock price dropping by 2%.

  • October 04, 2019

    Tax Law Win Hurts Marriott In Data Breach MDL, Chicago Says

    The city of Chicago says a recent ruling upholding a tax the city imposes on streaming entertainment services supports its argument that Marriott can't escape the city's suit over a massive data breach the company allegedly hid.

  • October 04, 2019

    Wolf Haldenstein Nabs Lead In Molson Coors Stock-Drop Suit

    Wolf Haldenstein Adler Freeman & Herz LLP will lead a newly consolidated proposed class action accusing Molson Coors Brewing Co. of causing a stock drop when it disclosed it had severely underreported its taxes, beating out Pomerantz LLP for the top spot in Colorado federal court Thursday.

  • October 04, 2019

    Unilever Deodorant Causes Stains It Claims To Stop, Suit Says

    A proposed class of deodorant buyers is suing Unilever, the makers of Degree deodorant, alleging in a suit removed to Missouri federal court on Friday that a women's antiperspirant marketed as preventing white and yellow marks instead contains an ingredient that causes those marks.

  • October 03, 2019

    James Franco's Film School Sexually Exploited Women: Suit

    Movie and television star James Franco's now-shuttered acting and film school dangled film and TV opportunities in front of female students — many of whom were teenagers — in exchange for explicit nudity and sex, according to a proposed class action filed by two women Thursday.

  • October 03, 2019

    NY, Calif., 24 Other States Fight Purdue's $38M Bonus Plan

    A slew of attorneys general from 26 states including New York, California and Wisconsin on Thursday joined the Office of the U.S. Trustee in opposing a motion from bankrupt opioid maker Purdue Pharma LP looking to pay its workers up to $38 million in bonuses as it goes through the bankruptcy process.

  • October 03, 2019

    No One Cares About Apple's IPhone Pixels, Judge Tells Attys

    A California federal judge appeared skeptical Thursday of keeping alive a proposed class action alleging Apple misrepresents its iPhone screen size and pixel count, saying Apple discloses that its phones' rounded corners impact screen size and “there doesn’t seem to be anyone in America” who’s really concerned about pixels.

  • October 03, 2019

    Wells Fargo's Jab At Plaintiffs' Attys Unfair, Borrowers Say

    A group of Wells Fargo mortgage borrowers responded Thursday to the bank's sharp opposition to their class certification bid in their suit accusing the bank of denying aid to hundreds of eligible homeowners, telling a California federal court that Wells Fargo "unfairly" targeted class counsel in its brief.

  • October 03, 2019

    Chrysler Dealers Can't Tie Feds, Auto Bailout To $1B In Losses

    Hundreds of Chrysler dealers who were devastated when the troubled carmaker tore up their franchise agreements during its bailout can't force the government to fork over $1 billion in compensation, the Court of Federal Claims has ruled, saying Chrysler entered the deal voluntarily and had no other options.

  • October 03, 2019

    ACLU Wants Damages For All Families Separated At Border

    The American Civil Liberties Union demanded in a proposed class action Thursday that the Trump administration pay damages for inflicting emotional distress and trauma on all families across the country who were previously separated at the southwest border.

  • October 03, 2019

    Cox Parent Co. Tossed From TV Ad Price-Fixing Suit

    Cox Media Group’s parent company has been dropped from multidistrict litigation in Illinois accusing it of coordinating with other major media companies to jack up the price of local television advertising.

  • October 03, 2019

    Mitsubishi Must Face Heat In AC Price Fixing Suit

    A Michigan federal judge has denied a request by Mitsubishi Heavy Industries to dismiss an antitrust suit by a luxury motor home company that accuses it of conspiring to rig the prices of vehicle air conditioning systems, saying the auto parts maker participated in the conspiracy and drove up prices.

  • October 03, 2019

    Google Assistant Doesn't Collect Biometric Data, Court Told

    Google has urged an Illinois state judge to toss a biometric privacy suit over its Google Assistant, arguing the Illinois Biometric Information Privacy Act doesn’t cover the voice recordings the software collects.

  • October 03, 2019

    Harman Must Face Trimmed Suit Over Samsung Acquisition

    Harman International Industries Inc. must still face claims that it misled investors in its proxy statement when it sought their approval for its $8 billion acquisition by Samsung Electronics Co. Ltd., but a federal judge in Connecticut on Thursday halved the number of allegations it faces.

  • October 03, 2019

    Freshpet Strikes $10.1M Deal In Securities Class Action

    Freshpet Inc. has reached a $10.1 million settlement over class claims the premium pet food company misled investors about its anticipated growth and concealed manufacturing woes, as the pension fund leading the suit asked a New Jersey federal court Thursday to sign off on the deal.

Expert Analysis

  • 'Reasonable' Security Will Be Key In Calif. Data Breach Cases

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    As demonstrated by the class action lawsuit against Capital One for violations of the California Civil Code's “reasonable" security data protection rule — and in light of the upcoming California Consumer Privacy Act — implementing reasonable security measures is of utmost importance to businesses that want to minimize data breach liability, says Russ Fink of Quinn Emanuel.

  • Class Certification Insights From McCormick Slack-Fill Suit

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    A D.C. federal court's recent class certification order in the McCormick marketing and sales practices litigation was largely a win for the defendant. However, it also contained victories for the plaintiffs and some important lessons for those who wish to steer clear of slack-fill class action peril, says Shawn Gebhardt at Ulmer & Berne.

  • 10 ERISA Fiduciary Lessons From 'Game Of Thrones'

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    Many recent Employee Retirement Income Security Act lawsuits alleging a breach of fiduciary duty could have been avoided, or their impact diminished, if plan sponsors had taken basic steps to minimize their fiduciary risks. Some of these measures can be gleaned from an unlikely source: "Game of Thrones," says Jeff Banish at Troutman Sanders.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Class Settlements And The Risks Of Viral Media Attention

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    When class settlements go viral — increasingly as a result of websites that promote settlement payouts — companies face extreme losses that could exceed reserves and available cash on hand. But there are several considerations that may help minimize this risk, says Kevin Skrzysowski at Risk Settlements.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Calif. Justices Set Low Bar For Website Bias Claims

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    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Pa. Justices Could Shift State's Consumer Litigation

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    Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

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    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

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