The Delaware Chancery Court has tapped Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP to lead stockholder litigation over an $8.9 billion take-private deal, citing the firms' alignment with institutional investors holding the largest stake.
Law360
Class Action
TUESDAY, NOVEMBER 4, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Bernstein Litowitz, Robbins Geller To Lead $8.9B Class Action

By Jarek Rutz

The Delaware Chancery Court has tapped Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP to lead stockholder litigation over an $8.9 billion take-private deal, citing the firms' alignment with institutional investors holding the largest stake.

3 documents attached | Read full article » | Save to favorites »

Mich. Judge OKs $100M+ Deal For Victims Of Doc's Sex Abuse

By Danielle Ferguson

A Michigan state judge on Friday approved a settlement worth more than $100 million to resolve a class action from thousands of patients who allege they were sexually abused or recorded by an independent doctor at Henry Ford Macomb Hospital.

2 documents attached | Read full article » | Save to favorites »

Justices Urged To Rethink Baseball's Antitrust Shield, Again

By David Steele

Three baseball players have asked the U.S. Supreme Court to rehear their petition to stop major league organizations from restricting their salaries, noting another similar pending petition and saying the issue will persist until the justices undo baseball's exemption from antitrust laws.

Petition attached | Read full article » | Save to favorites »

EMPLOYMENT & BENEFITS

Amazon Should Pay For Security Checks, Conn. Justices Told

By Aaron Keller

Amazon must pay Connecticut warehouse workers for time spent waiting for and undergoing security screenings because state wage and hour laws contain unique "hours worked" definitions that do not appear in the federal Fair Labor Standards Act, the employees' lawyer told the Connecticut Supreme Court on Monday.

5 documents attached | Read full article » | Save to favorites »

Frontier's Training Repayment Contract Illegal, Pilot Says

By Irene Spezzamonte

A former Frontier Airlines pilot said he and other incoming pilots were forced to stay with the company for two years or pay a hefty price under an illegal noncompete agreement, which he learned when he quit after less than a year and Frontier demanded $44,000.

Complaint attached | Read full article » | Save to favorites »

SECURITIES

2nd Circ. Urged To Revive Norfolk Southern Fraud Suit

By Abigail Harrison

The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.

2 documents attached | Read full article » | Save to favorites »

CarMax's Hype Over Sales Ignored Tariff Fears, Investors Say

By Gina Kim

CarMax investors filed a proposed securities class action in Maryland federal court Monday alleging its executives recklessly overhyped the used vehicle seller's growth potential and assured positive results for "years to come" when it should have known its sales bump was due to consumers purchasing cars ahead of anticipated tariffs.

Complaint attached | Read full article » | Save to favorites »

Chancery Considers Reviewing Icahn's $10M Illumina Settlement

By Jeff Montgomery

A Delaware Chancery Court hearing on resolving class and derivative claims over Illumina fiduciary data breaches connected to the company's $8 billion acquisition of Grail Inc. was sidelined Monday by questions over a private, later-released $10 million proposed settlement payment.

2 documents attached | Read full article » | Save to favorites »

Investors Seek Class Cert. In Antitrust Suit Over Securities IDs

By Gina Kim

Investment management firms urged a New York federal judge to certify their proposed class action against S&P Global and others over the use of identification numbers for financial instruments, arguing Monday there's common evidence showing the defendants maintained monopoly power through licensing terms.

Brief attached | Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Jarek Rutz and Jeff Montgomery

From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.

Read full article » | Save to favorites »

COMPETITION

Firetruck-Makers Use Trade Group To Fix Prices, Suit Says

By Bonnie Eslinger

A putative federal antitrust class action against major firetruck manufacturers and an industry trade association has been filed in federal court by an upstate New York volunteer-staffed fire station, claiming the companies control up to 80% of the market and are fixing firetruck prices at artificially high levels.

Complaint attached | Read full article » | Save to favorites »

PRODUCT LIABILITY

Michigan Judge Slashes Chrysler, Dodge Warping Door Suit

By Carolyn Muyskens

A Michigan federal judge on Monday whittled a putative class action claiming certain Dodge Chargers and Chrysler 300s have warp-prone door panels down to a single claim and invited manufacturer Stellantis NV to try again for sanctions against the remaining named plaintiff.

Read full article » | Save to favorites »

CYBERSECURITY & PRIVACY

Brief

Disney Freed Of Privacy Suit Over Kids' Video Data, For Now

By Rachel Riley

A group of families has agreed to drop a proposed class action accusing Disney of illegally collecting the personal data of minors viewing its YouTube videos by failing to tag them as "made for kids."

Notice attached | Read full article » | Save to favorites »

Fla. Law Firm Escapes Data Breach Class Suit

By Carolina Bolado

A Florida federal judge Monday tossed a proposed class action suit claiming Miami-headquartered national law firm Zumpano Patricios PA failed to protect sensitive information prior to a data breach, ruling that a threat of misuse of the information was not enough to confer standing for the plaintiffs.

Order attached | Read full article » | Save to favorites »

Samba TV Dodges Nonresidents' Calif. Data Privacy Claims

By Allison Grande

A group of television owners who live outside of California can't use the state's wiretap laws to sue Samba TV for allegedly intercepting their video-viewing data and have failed to adequately allege that the analytics provider is covered by federal video privacy law, a California federal judge ruled in axing a proposed class action against the company.

Opinion attached | Read full article » | Save to favorites »

UPenn Hit With Halloween Email Blast, Suit Over Data Breach

By Bonnie Eslinger

The University of Pennsylvania was "negligent and reckless" in not safeguarding the personal information of students, alumni and others from a data breach announced by a purported hacker in an email blast on Halloween, an alumnus told a Pennsylvania federal court in his putative class action filed Monday.

Complaint attached | Read full article » | Save to favorites »

CONSUMER PROTECTION

'Pay-To-Pay' PenFed Fee Class Scores Cert. In West Virginia

By Katryna Perera

A West Virginia federal judge granted certification Monday to a class of borrowers who claim Pentagon Federal Credit Union illegally charged them a $5 fee for making loan payments by phone or online, finding that the class meets all the requirements for certification.

Opinion attached | Read full article » | Save to favorites »

Brief

Capital One 'Refer-a-Friend' Text Suit Dropped In Wash.

By Nadia Dreid

People who say they were pelted with unsolicited Capital One texts due to the bank's "refer a friend" marketing initiatives have quietly dropped their suit against the financial institution in Washington federal court.

Motion attached | Read full article » | Save to favorites »

Suit Claims Cos. Fraudulently Charging 'Zombie' Loan Interest

By Isaac Monterose

A proposed class of borrowers is accusing a mortgage servicer and a debt owner in Virginia federal court of fraudulently charging them thousands of dollars of retroactive interest fees for their "long-dormant," "zombie" mortgage loans.

Complaint attached | Read full article » | Save to favorites »

Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court

By David Minsky

A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.

Response attached | Read full article » | Save to favorites »

IP & TECHNOLOGY

'Exercise More Restraint,' Judge Tells OpenAI Co-Founder

By Bryan Koenig

A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.

3 documents attached | Read full article » | Save to favorites »

LIFE SCIENCES

Biotech Co. Agrees To Reforms After Co-Founder's Conviction

By Emilie Ruscoe

Executives of the company formerly known as Enochian BioSciences Inc. have agreed to implement a series of corporate reforms to end shareholder derivative claims that they breached their fiduciary duty when a company co-founder it hailed as a "genius" was accused of both a murder-for-hire plot and falsifying research data.

Settlement attached | Read full article » | Save to favorites »

Pharmacies Seek Cert. In Cholesterol Drug Price-Fixing MDL

By Dorothy Atkins

A group of indirect reseller plaintiffs urged a Pennsylvania federal judge on Friday to certify a nationwide class of thousands of pharmacies that indirectly purchased the cholesterol medication pravastatin in sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.

Brief attached | Read full article » | Save to favorites »

Oncology Co. Board Hit With Suit Over Product Growth Claims

By Sydney Price

Executives and directors of radiopharmaceuticals company Lantheus Holdings Inc. have been hit with an investor's derivative suit accusing them of allowing the company to misrepresent the growth potential of its key product used to detect prostate cancer.

Complaint attached | Read full article » | Save to favorites »

BANKING

Fla. Cannabis Banking Biz Broke Law, Investor Suit Says

By Sydney Price

An investor in Florida-based First National Bank of Pasco hit the bank with a lawsuit alleging that its inability to manage lending to cannabis industry operators has made it prone to regulatory scrutiny and financial harm, including a recent investigation by the Office of the Comptroller of the Currency.

Complaint attached | Read full article » | Save to favorites »

REAL ESTATE

Landlords Fight States' Objection To RealPage Settlements

By Isaac Monterose

A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.

Brief attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Steps For Healthcare Providers After Cigna ERISA Settlement

Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.

Memorandum attached | Read full article » | Save to favorites »

A Shift To Semiannual Reporting May Reshape Litigation Risk

While the U.S. Securities and Exchange Commission's proposed change from quarterly to semiannual reporting may reduce the volume of formal filings, it wouldn't reduce litigation risk, instead shifting it into less predictable terrain — where informal disclosures, timing ambiguities and broader materiality debates will dominate, says Pavithra Kumar at Advanced Analytical Consulting Group.

Read full article » | Save to favorites »

When Atty Ethics Violations Give Rise To Causes Of Action

Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

Opinion attached | Read full article » | Save to favorites »

LEGAL INDUSTRY

Dechert Requiring 4 Days In Office For Some Attys, All Staff

By Anna Sanders

Dechert LLP joined a growing list of BigLaw firms increasing their office attendance requirements, rolling out a new policy requiring rising second-year associates and all nonattorney business professionals to work in person four days a week beginning next year.   

Read full article » | Save to favorites »

Winston & Strawn Fights 'Anti-Woke' Fintech $1.7B Crash Suit

By Lynn LaRowe

Winston & Strawn LLP is asking a Texas bankruptcy court to toss a lawsuit from the trustee of self-styled "anti-woke" financial technology startup GloriFi, saying that holding the law firm responsible for the company's failure would set "extraordinary and dangerous precedent."

Motion attached | Read full article » | Save to favorites »

DOJ Ignores Court Discovery Order In Letitia James Case

By Adrian Cruz

The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

Notice attached | Read full article » | Save to favorites »

Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.

By Courtney Bublé

The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.

Read full article » | Save to favorites »

Ill. ICE Processing Facility Has 'Become A Prison,' Judge Says

By Celeste Bott

An Illinois federal judge said Tuesday that attorneys representing a proposed class of individuals detained at a U.S. Immigration and Customs Enforcement processing center in suburban Chicago had presented a "disturbing record" of the conditions at the facility that likely justifies a temporary restraining order in some form, but held off ruling until Wednesday.

Read full article » | Save to favorites »

Dechert Tracks Significant Decline In U.S. Merger Probes

By Bryan Koenig

Dechert LLP's latest merger review report counted a dramatic decrease in the number of significant U.S. Department of Justice and Federal Trade Commission tie-up investigations between July and September and year-to-date, coming in at just two-thirds of the average over the last 15 years.

Read full article » | Save to favorites »

Approach The Bench: Justice McKenna On Earning Her Master's

By Cara Bayles and Steven Trader

Sabrina McKenna, acting chief justice of the Hawaii Supreme Court, had been on the bench for about three decades before she decided to go back to school to study the work of judging.

Read full article » | Save to favorites »

Analysis

Mass. Attys Split As Punitive Damages Rules Go To Top Court

By Chris Villani

A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.

Read full article » | Save to favorites »

CFPB's Information Security 'No Longer Effective,' IG Says

By Sarah Jarvis

The Consumer Financial Protection Bureau's information security program has weakened under the Trump administration and is "no longer effective" amid staff departures and loss of contractor resources, according to a new inspector general report.

Report attached | Read full article » | Save to favorites »

End Payors Seek $66M In Atty Fees In Generic Drug MDL

By P.J. D'Annunzio

End payors in a generic drug price-fixing multidistrict litigation are seeking a Pennsylvania federal court's approval for a $66 million award of attorney fees, representing one-third of the $200 million settlement between the classes and Sun Pharmaceutical Industries Inc. and Taro Pharmaceuticals USA Inc.

Brief attached | Read full article » | Save to favorites »

Brief

Squires Sets Precedent On Making AI Patent-Eligible

By Dani Kass

U.S. Patent and Trademark Office Director John Squires on Tuesday made precedential his September declaration that an invention shouldn't be deemed unpatentable just because it involves machine learning.

Decision attached | Read full article » | Save to favorites »

Brief

BU Law Will Start Offering AI Certificate In Fall 2026

By Sarah Martinson

Boston University School of Law will begin offering a certificate in artificial intelligence for law practice in fall 2026 to prepare students for using the technology in their legal careers.

Read full article » | Save to favorites »

Promo that reads Law360 Pulse Leaderboard Promo that reads Law360 Pulse Prestige Leaders

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Abrams & Bayliss

Adams & Reese

Akerman LLP

ArentFox Schiff

Bailey & Glasser

Baker Botts

Baughman Kroup

Berman Fink

Bernstein Litowitz

Block & Leviton

Bradley Arant

Bret Lusskin PA

Carson & Noel

Cohen Milstein

Cole & Van Note

Colón Ramírez

Competition Law Partners

Constantine Cannon

Cooley LLP

Cozen O'Connor

Cravath Swaine

Cuneo Gilbert

DLA Piper

Davis Polk

Debevoise & Plimpton

Dechert LLP

Dinsmore & Shohl

Dolan Dobrinsky

Dovel & Luner

Duane Morris

Eckert Seamans

Eimer Stahl

Emery Reddy

Faughnan Law

Federman & Sherwood

Fine Kaplan

Fink Bressack

Fish & Richardson

FordHarrison

Gallagher Evelius

Gibbs & Bruns

Gibson Dunn

Goldman Antonetti

Goodwin Procter

Gordon Rees

Hayber McKenna

Hine & Ogulluk

Hueston Hennigan

Hughes Hubbard

Jones Day

Kaplan Fox

Kasowitz Benson

Keker Van Nest & Peters

Kelly Guzzo

Kirkland & Ellis

Klein Thomas

Labaton Keller

Larson King

Latham & Watkins

Law Offices of Brian David

Law Offices of Samuel Kornhauser

Lowell & Associates

Lowey Dannenberg

Maynard Nexsen

McCollom D'Emilio

Meritz Reddy

MoloLamken

Morgan Lewis

Morris Nichols

Morrison & Foerster

Nelson Mullins

O'Melveny & Myers

Orrick Herrington

Parker Scheer

Paul Weiss

Pierce Atwood

Potter Anderson

Proskauer Rose

Riley & Jacobson

Robbins Geller

Ropes & Gray

Rosen Law Firm PA

Rowley Law PLLC

Schall Law

Schubert Jonckheer

Scott & Corley

Scott D. Owens PA

Sebris Busto

Seyfarth Shaw

Shepard O'Donnell

Shinder Cantor

Shook Hardy

Skadden Arps

Spragens Law

Stinar Gould

Toberoff & Associates

Varnell & Warwick

Wachtell Lipton

Wagstaff & Cartmell

Webb Klase

Weil Gotshal

WeissLaw LLP

WilmerHale

Wilson Sonsini

Winston & Strawn

Wollmuth Maher

Young Conaway

Zumpano Patricios

COMPANIES IN TODAY'S NEWS

Advanced Analytical Consulting Group

Altria Group Inc.

Amazon.com Inc.

American Bankers Association

American Bar Association

American Civil Liberties Union

American Express Global Business Travel

American Industrial Partners

Apple Inc.

Arctic Cat Inc.

BH Management Services LLC

Bauer Inc.

Bayer AG

Bell Partners Inc.

Bloomberg LP

Blue Origin LLC

Boston University

CUSIP Global Services

Capital One Financial Corp.

CarMax Inc.

Clayton Dubilier & Rice LLC

Collins Aerospace Inc.

Connecticut Business & Industry Association Inc.

Dell Technologies Inc.

Dow Inc.

DraftKings Inc.

FCA US LLC

FGS Global Inc.

FedEx Corp.

First National Bank of Pasco

Frontier Airlines Inc.

GRAIL Inc.

Glenmark Pharmaceuticals Ltd.

Google LLC

Halliburton Co.

Harbour Investments Inc.

Henry Ford Health System

Hertz Global Holdings Inc.

Hulu LLC

Illumina Inc.

International Association of Fire Fighters

Johnson & Johnson

Lantheus Holdings Inc.

LinkedIn Corp.

London Stock Exchange Group PLC

Lupin Ltd.

Major League Baseball Inc.

Major League Baseball Players Association

Massachusetts Academy of Trial Attorneys

Meta Platforms Inc.

Microsoft Corp.

National Association of Manufacturers

National Federation of Independent Business

National Retail Federation Inc.

Netflix Inc.

NewRez LLC

Norfolk Southern Corp.

Novo Nordisk A S

OpenAI OpCo LLC

Oshkosh Corp.

Pentagon Federal Credit Union

Pfizer Inc.

Pierce Manufacturing Inc.

R1 RCM Inc.

REV Group Inc.

RealPage Inc.

S&P Global Inc.

Sales Inc.

Shellpoint Mortgage Servicing LLC

Specialized Loan Servicing LLC

Spotify Technology SA

Stellantis NV

Sun Pharmaceutical Industries Ltd.

T-Mobile US Inc.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The Bozzuto Group Inc.

The Cigna Group

The Goldman Sachs Group Inc.

The Walt Disney Co.

TowerBrook Capital Partners LP

Trump Organization Inc.

U.S. Chamber of Commerce

Vizio Inc.

YouTube Inc.

Zydus Pharmaceuticals Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Connecticut Department of Labor

Connecticut General Assembly

Consumer Financial Protection Bureau

Delaware Court of Chancery

European Commission

European Union

Federal Bureau of Investigation

Federal Trade Commission

Massachusetts Supreme Judicial Court

New York Attorney General's Office

Office of the Attorney General for the District of Columbia

Office of the Comptroller of the Currency

Patent Trial and Appeal Board

Supreme Court of Nevada

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of Illinois

U.S. Court of Appeals for the Second Circuit

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Eastern District of Wisconsin

United States District Court for the Northern District of West Virginia