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Class Action
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February 20, 2025
Generic-Drug Group Rallies Behind Appeal In Entresto Fight
A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."
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February 20, 2025
Bob Iger Insider Trading Claim Cut From Disney+ Investor Suit
A Los Angeles federal judge narrowed a putative securities class action over The Walt Disney Co.'s underperforming streaming service Disney+ on Wednesday, saying investors haven't sufficiently pled that CEO Bob Iger illegally sold off $375 million worth of holdings amid inflated subscriber growth predictions.
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February 20, 2025
Del. Chief Justice Targets Social Media's Pressure On Courts
Acknowledging that "some of those who lose don't take it well" and have tools to "cause judges great pain," Delaware's chief justice told a state budget panel Thursday that social media had amplified dissatisfaction with some court rulings despite global respect for the state's system.
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February 20, 2025
Wells Fargo, AAA Look To Nix Fraudulent Inducement Suit
Wells Fargo and the American Arbitration Association are urging a California federal judge to nix a proposed class action accusing them of colluding to fraudulently induce consumers into accepting a fundamentally unfair arbitration process, with the bank arguing that the claims must be arbitrated.
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February 20, 2025
Textbook Authors Seek Final OK Of $20M Royalties Deal
A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
Kim Kardashian's Skims Hit With ADA Lawsuit
A proposed class action filed Thursday in Illinois federal court accuses Skims.com, a shapewear retailer founded by reality star Kim Kardashian, of violating the Americans with Disabilities Act with "significant access barriers" that make it "difficult if not impossible" for visually impaired customers to navigate the website.
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February 20, 2025
AmerisourceBergen Strikes Settlement In 401(k) Fee Suit
AmerisourceBergen and a proposed class of workers who alleged their employee 401(k) plan was saddled with excessive recordkeeping and administrative costs have struck a settlement deal to resolve the dispute, according to a filing in Kentucky federal court.
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February 20, 2025
Trade Desk's Rollout Of AI Product Draws Ire From Investors
Global digital marketing venture The Trade Desk Inc. was hit with a proposed shareholder class action alleging it misled investors about the rollout of its artificial intelligence-driven ad-buying platform by hiding execution problems that delayed adoption and hurt revenue.
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February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK
A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
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February 20, 2025
Education Tech Firm Faces Class Action In NC Over Data Hack
A nationwide education technology platform got hit with a proposed class action in North Carolina on Thursday over a "massive and preventable cyberattack" which allegedly exposed personal information including health data for up to 18,000 of its users.
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February 20, 2025
Drug Buyers Get OK On $275M Sandoz Antitrust Settlement
Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.
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February 20, 2025
Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards
Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from lawyers and a corporate law scholar.
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February 20, 2025
Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit
A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.
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February 20, 2025
Class Action Group Of The Year: Bernstein Litowitz
Bernstein Litowitz Berger & Grossmann LLP's class action practice group helped block Elon Musk's $55 billion compensation plan from Tesla Inc. and won more than $400 million in settlements in an investor suit over the sale of Columbia Pipeline Group to TC Energy, earning it a spot as one of the 2024 Law360 Class Action Groups of the Year.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
Constellation Brands Faces Investor Suit Over Profit Slump
Alcoholic beverage company Constellation Brands Inc. has been hit with a proposed shareholder class action alleging it misled investors about attempts to revive its wine and spirits business, which were reportedly shown to be ineffective when the company announced quarterly earnings last month.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
Casino SPAC Shareholders Sue Execs Over Failed Merger
A public shareholder of a blank check company that failed to merge with a Philippines-based casino has accused the special purpose acquisition company's directors of orchestrating a deal process with "recklessness, deceit, and bad faith," is and seeking damages beyond the $11 million settlement the company struck in another related suit.
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February 19, 2025
Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs
A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Opinion
Toxic Water Case Shows Need For Labeling To Protect Kids
A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.