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Class Action
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September 16, 2024
Record Retrieval Co. Hit With Suit Over Data Breach
Medical record retrieval company Compex Legal Services Inc. is facing a proposed class action in California federal court over an April data breach that exposed consumers' personal and health information.
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September 16, 2024
NY Home Health Co. To Pay $3.5M To Settle Wage Claims
A New York federal judge has signed off on a New York-based home health care agency's $3.5 million settlement with thousands of home aides who alleged violations of state wage law and the Fair Labor Standards Act.
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September 16, 2024
Burford Capital Adds Chief Development Role In London
Burford Capital LLC said Monday that it has appointed a legal finance specialist to the newly created role of chief development officer as part of ongoing efforts to expand the legal funder's business in the U.K., the U.S. and beyond.
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September 16, 2024
Apple App Developers Bid To Go Ahead In £785M Class Action
A lawyer for a consumer advocate told Britain's antitrust tribunal on Monday that a proposed £785 million ($1 billion) claim by app developers against Apple over payments for commission should be allowed to go ahead as a class action.
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September 16, 2024
Nelson Mullins Grows In Chicago With Ex-Taft Litigator
Nelson Mullins Riley & Scarborough LLP has reinforced its Midwest litigation team with a former Taft Stettinius & Hollister partner based in the Windy City.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Judiciary Panel Dems Endorse Amicus Funding Disclosure
A plan to overhaul required financial disclosures in appellate amicus briefs has generated strong early reaction, including from two key congressional Democrats who endorsed the proposals.
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September 13, 2024
23andMe Inks $30M Data Breach Deal With 6.4M Users In MDL
Personal genomics company 23andMe has reached a $30 million settlement to resolve multidistrict class action litigation on behalf of more than 6 million customers whose personal data was stolen and in some cases leaked onto the dark web, according to a California federal court filing Thursday.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Emergent BioSolutions Pays $40M To Settle COVID Vax Suit
Emergent BioSolutions has agreed to pay $40 million to settle a consolidated class action alleging it misled investors about how prepared it was to handle two high-profile deals to manufacture COVID-19 vaccines.
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September 13, 2024
Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit
A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.
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September 13, 2024
Makers Of Paragard Say Time Ran Out On Claims In 236 Suits
Teva Pharmaceuticals and The Cooper Cos. pressed an Atlanta federal judge to pare back multidistrict litigation over alleged defects in the Paragard IUD by dismissing untimely claims across 236 complaints.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 12, 2024
Southwest Leave Penalty Suit Cleared For Class Treatment
A California judge gave her blessing Thursday to a class action accusing Southwest Airlines Co. of penalizing flight attendants who take family or medical leave, letting the suit move ahead on behalf of thousands of workers.
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September 12, 2024
DHS Denies Immigrants Remote Court Access, Groups Say
Several immigrant rights groups filed a proposed class action Wednesday in New Jersey federal court against the Department of Homeland Security and several officials alleging noncitizens detained at a Pennsylvania processing facility were denied remote options to participate in their criminal proceedings in New Jersey.
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September 12, 2024
Crypto Wallet Co. Beats Colo. Class Action Over $100M Hack
The developers and owners of cryptocurrency application Atomic Wallet have beaten a proposed class action over a hack last year that stole roughly $100 million in customers' assets, with a Colorado federal judge saying the suit doesn't have a strong enough connection to the Centennial State to proceed there.
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September 12, 2024
Medical Abuse Of DHS Detainees Suits Head To Mediation
Two cases brought by immigrant women alleging they underwent invasive, unnecessary medical procedures while in federal custody were sent to mediation Wednesday.
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September 12, 2024
Quinn Emanuel, Cohen Milstein Get $102M In Stock Loan Case
A judge awarded $102 million in attorney fees to Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC for settling claims from investors that major banks colluded to avoid modernizing the stock loan market.
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September 12, 2024
DLA Piper Adds Product Liability Pro To Austin Office
In yet another notable BigLaw litigator lateral move in Texas this week, DLA Piper has added to its Austin office a product liability and mass torts expert from King & Spalding LLP.
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September 12, 2024
Ex-Bojangles Workers Get OT Collective Cert, But Just In NC
A North Carolina federal judge has ruled that former assistant Bojangles managers claiming they were wrongfully denied overtime pay have shown they are similarly situated, but that they haven't justified certification of a Fair Labor Standards Act collective action with a geographic scope beyond the Tar Heel State.
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September 12, 2024
Medline Can't Force Arbitration In Transportation Wage Suit
Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.
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September 12, 2024
Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction
The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.
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September 12, 2024
Beasley Sues Fellow Talc Firms Over Joint Venture Gone Awry
Beasley Allen is going after its law firm partner in a joint venture that has represented thousands in talcum powder litigation against Johnson & Johnson, claiming in a new federal lawsuit that the firm is partially responsible for more than $1 million in owed expenses and, driven by its own financial woes, has unilaterally been negotiating with the pharmaceutical giant to the detriment of clients.
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September 12, 2024
Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules
Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.
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Managing Legal Risks After University Gaza Protests
Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.