Class Action

  • January 24, 2020

    Rosen To Lead Investors' IPO Suit Against China's Up Fintech

    The Rosen Law Firm PA was appointed Friday as lead counsel in a proposed securities class action alleging Up Fintech Holding Ltd. lied to investors in connection with its 2019 initial public offering.

  • January 24, 2020

    BlackRock Win In Suit Over ETF Risks Upheld In Calif.

    A California appeals court will not revive a proposed class action accusing BlackRock Investments LLC of misleading investors about the risks associated with exchange-traded funds before a 2015 flash crash.

  • January 24, 2020

    J&J Workers Say Justices' IBM Ruling Backs Their ERISA Row

    Johnson & Johnson workers have defended their suit accusing the company of wrongly allowing its employees to invest their retirement savings in overvalued company stock by pointing to a recent U.S. Supreme Court decision in a similar case against IBM.

  • January 24, 2020

    Google, Cartoon Network Want Out Of Data Gathering Suit

    Google, Cartoon Network and a handful of other companies are seeking to drop a proposed class action that alleges they illegally collected children’s personal data through YouTube for targeted advertisements.

  • January 24, 2020

    Sanofi, Mylan Spar Over Surescripts Ruling In EpiPen Fight

    Mylan told a Kansas federal judge on Friday that Sanofi is wrong to argue that a recent ruling in the Federal Trade Commission's monopolization case against Surescripts supports allegations that Mylan violated antitrust law in an effort to maintain the dominance of its EpiPen.

  • January 24, 2020

    Home Depot Breach Class Attys Score $15.2M After Fee Fight

    Attorneys representing banks and other financial institutions that sued over Home Depot's 2014 data breach won a $15.2 million fee award on Friday after the Eleventh Circuit nixed an earlier award and asked the Georgia federal court that handled the case to take another look.

  • January 24, 2020

    Ill. Appeals Court Revives Suit Over Six Flags Receipts

    Six Flags customers don't have to show they were harmed by a violation of a federal credit protection act to move forward with a proposed class action accusing the amusement park chain of printing too much information on sales receipts, an Illinois appellate court has held.

  • January 24, 2020

    Calif. Appeals Court Remands $4.3M Atty Fee Dispute

    A California appellate court has ruled that a fee-splitting arrangement between attorneys handling a wage and hour class action is invalid because one of the attorneys failed to inform the client that he did not have malpractice insurance, as required by California ethics rules.

  • January 24, 2020

    Ikea Must Face Suit Alleging Policies Favor Younger Workers

    Two Ikea policies for weighing whether to promote an employee based on future "potential" and willingness to move to another location could have a disparate impact on older workers and can be part of a proposed class action lawsuit, a Pennsylvania federal judge ruled Thursday.

  • January 24, 2020

    Workers Hit SC Beachside Grill With Wage And Tipping Suit

    Two ex-employees of a popular beachside bar and grill have lodged a wage suit in South Carolina federal court against the restaurant and its owner, claiming they made tipped workers share their gratuities then illegally took a "tip credit" under the Fair Labor Standards Act.

  • January 24, 2020

    Clock Has Run Out For Hair-Loss Patients In Chemo MDL

    A Louisiana federal judge has refused to revive suits of two women who claim drugmaker Sanofi-Aventis didn't inform them that their chemo drug could cause permanent hair loss, saying there was no error in finding that their cases were filed years too late under Louisiana law.

  • January 24, 2020

    American HomePatient's $1M Deal Over Stolen Drives OK'd

    A Florida federal judge on Thursday preliminarily approved American HomePatient's $1 million class action settlement with an estimated 13,000 patients and customers alleging the Tennessee-based home health care service negligently stored their personal information on unencrypted hard drives stolen in a 2017 office burglary.

  • January 24, 2020

    $5M SocGen Deal Puts Libor Investors Up To $187M

    One of the investor classes pursuing the massive Libor-rigging litigation has sought preliminary approval for settlement with Societe Generale SA and in so doing disclosed a payout of just over $5 million in New York federal court that will put the class up to $187 million worth of settlements with major banks.

  • January 24, 2020

    Cannabis Greenhouse Co. Wants Investor Suit Paused

    The founder of a Colorado marijuana greenhouse-leasing company wants to pause investors' allegations that he hid a past bankruptcy, pending the resolution of the company's ongoing bankruptcy.

  • January 24, 2020

    Ex-NFL Player Urges Judge Not To Sack ERISA Suit

    A former NFL player has urged a New York federal judge not to spike a proposed class action claiming his retirement plan’s supervisory board failed to disclose enough information about players’ benefits, arguing the latest version of his suit includes enough details to keep it in court. 

  • January 24, 2020

    Molson Coors Tries To Slip Investor Suit Over Tax Reporting

    Molson Coors Beverage Co. urged a Colorado federal court on Thursday to let it out of a suit accusing the beer company of underreporting its taxes, arguing the investors failed to show that it intentionally or recklessly misrepresented its financial situation.

  • January 24, 2020

    MLB Cheating Scandal Corrupted Fantasy Baseball, Fan Says

    A fantasy baseball participant hit Major League Baseball, the Houston Astros and the Boston Red Sox with a proposed class action in New York federal court, claiming the recently uncovered pitching-sign stealing scandal has undermined and corrupted fantasy baseball leagues.

  • January 23, 2020

    Ex-Perrigo Exec Slips Investor Suit Over Irish Audit

    A federal judge in New York on Thursday trimmed allegations from a shareholders’ action alleging that Irish drug company Perrigo and some of its top executives did not tell investors soon enough about a tax audit in the Emerald Isle.

  • January 23, 2020

    Chase Card Interest Case In Peril After Dismissal Endorsed

    A New York federal judge has given his thumbs-down to a Chase credit card holder's proposed class action that banking industry groups have warned could upend trillions of dollars in asset-backed securitizations, concluding that the state-law usury claims at issue in the case are preempted.

  • January 23, 2020

    McKesson, Stockholders Reach $175M Deal In Opioid Suit

    Stockholders suing pharmaceutical distributor McKesson Corp. told a Delaware Chancery Court judge Thursday they had reached a $175 million settlement to resolve claims the company’s board failed in its oversight of opioid sales even after incurring millions in fines for previous compliance failures.

  • January 23, 2020

    Fla. Cruise Line Hit With TCPA Suit Over Alleged Robocalls

    A Florida cruise line on Wednesday was hit with the latest in a series of proposed class actions accusing travel companies of robocalling consumers who say they never gave the company the go-ahead to call them.

  • January 23, 2020

    New ADA Suit Says Charlotte's Website Not Blind-Accessible

    Charlotte’s Web Inc. is the latest CBD retailer to be caught in a recent wave of proposed class actions against cannabidiol companies whose websites allegedly violate the Americans with Disabilities Act by lacking functionality for the blind.

  • January 23, 2020

    Seeger Weiss To Spend $5M Of Concussion Education Fund

    Seeger Weiss LLP, which indirectly represents all 20,000 or so retired players covered by the landmark NFL concussion settlement, has unveiled a proposal to spend more than $5 million of the $10 million set aside by the settlement for educational purposes.

  • January 23, 2020

    Nude Dancer Hits Fla. Club With Wage Suit

    A nude dancer has slapped a strip club with a Fair Labor Standards Act suit in Florida federal court, claiming it willfully misclassified her and other dancers as independent contractors, instead of as employees, and then avoided paying them wages by telling them they had to work for tips.

  • January 23, 2020

    Robbins Geller Bags $100M In Fees For $1B Vereit Settlement

    Robbins Geller Rudman & Dowd LLP attorneys will receive a $100 million payday for securing a $1.025 billion settlement for Vereit Inc. investors in a suit that accused the real estate investment trust of lying about its books, a New York federal judge ruled Thursday.

Expert Analysis

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    Flawed Petrobras Settlement Bypasses Many Shareholders

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    The Petrobras securities litigation settlement has been marred by the failure to notify many thousands of valid shareholder claimants, and by a cy pres award that does not properly apply the basics of cy pres doctrine, says David Taylor of Almeida Advogados.

  • Assessing Securities Class Action Risk With Event Analysis

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    Amid increased scrutiny of corporate fiduciaries, identifying a company's high-risk adverse events from the past two years can help boards of directors quantify their potential securities class action exposure, says Nessim Mezrahi of SAR.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • Estimating Antitrust Impact, Damages Via Natural Experiments

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    Several federal courts have recently accepted the difference-in-differences methodology to estimate antitrust impact and damages via natural experiments, demonstrating the method's validity, says James Nieberding of North Coast Economics.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • Top 10 Employment Law Developments Of The Decade: Part 2

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    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Justices Seem Keen To Solve ERISA Case's Article III Question

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    Oral arguments in Thole v. U.S. Bank suggested the U.S. Supreme Court is willing to explore whether Employee Retirement Income Security Act plaintiffs have constitutional standing to sue over an adequately funded plan — even though the lower courts sidestepped the issue, say attorneys at King & Spalding.

  • Tribune Ruling Charts Course For Bankruptcy Safe Harbor

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    In upholding the dismissal of fraudulent conveyance claims against former shareholders of the bankrupt Tribune Company, the Second Circuit may have laid out a path for parties looking to stay within a crucial Bankruptcy Code safe harbor provision, say attorneys at Cadwalader.