Class Action

  • February 13, 2025

    9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech

    A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.

  • February 13, 2025

    9th Circ. Won't Undo Meta's $725M Privacy Suit

    The Ninth Circuit on Thursday affirmed Meta Platforms Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, finding that the California district court conducted a full review of the deal's terms before approving it.

  • February 13, 2025

    UnitedHealth Can't Escape All Claims In AI Denial Suit

    A Minnesota federal judge Thursday allowed Medicare Advantage patients and the estates of deceased enrollees to pursue breach of contract claims against UnitedHealth over its alleged use of AI to override physician recommendations, finding they are not preempted by the Medicare Act, but tossed others by holding they are preempted.

  • February 13, 2025

    Wash. Justices Wary Of Pay Transparency Law Stances

    Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.

  • February 13, 2025

    Tesla, Objector Appeal $730M Chancery Board Pay Deal

    Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.

  • February 13, 2025

    Arrow Financial Investors Get Final OK For $850K Deal

    Investors suing multibank holding company Arrow Financial Corp. received final approval from a New York federal judge Thursday for an $850,000 deal settling claims the company concealed defective internal controls that led to missed financial filings.

  • February 13, 2025

    Chancery OKs Appraisal Suit Fix For Sears Damage Ruling

    A Sears Hometown Stores investor that saw its Delaware Court of Chancery share appraisal suit tanked by the company's bankruptcy in 2019 won a $4.06 per share payout ruling Thursday in a Court of Chancery decision focused on fair price and full and incremental damage claims.

  • February 13, 2025

    Ohio Ordered To Get Rescinded Unemployment From DOL

    An Ohio court on Wednesday ordered the state government to "take all action necessary" to get its share of a COVID-19 pandemic unemployment relief program that Gov. Mike DeWine pulled it out of in 2021 and to distribute that money to qualified residents who missed out.

  • February 13, 2025

    Profs Back Hotel Guests In 3rd Circ. Algorithmic Pricing Case

    A group of academics has joined antimonopoly groups to support hotel guests accusing several Atlantic City casino hotels of using shared software to fix room rates in their Third Circuit fight to revive their suit.

  • February 13, 2025

    Origin Investors Fixed 'Fatally Vague' Fraud Claim, Judge Says

    A California federal judge has ruled that investors' fraud claims against sustainable materials-maker Origin Materials and its co-CEO can move forward, saying the plaintiffs have provided additional details from a confidential witness the judge previously found to be "fatally vague."

  • February 13, 2025

    ADP 401(k) Participants Win Cert. For 50K ERISA Class

    More than 50,000 ADP 401(k) plan participants scored class certification Thursday in their lawsuit accusing the company of retaining poorly performing investments and overcharging them for recordkeeping fees, after a New Jersey federal judge found their claims are typical since they stem from the same alleged fiduciary duty breach by ADP.

  • February 13, 2025

    Merck Investor Sues Over Gardasil China Market Projections

    Pharmaceutical giant Merck & Co. Inc. has been hit with a proposed shareholder class action alleging it overstated global demand for its human papillomavirus vaccine Gardasil, damaging investors when it revealed earlier this month it would not meet its revenue projections for the vaccine and paused shipments to China.

  • February 13, 2025

    Ga. House Speaker Sued Over State Senator's Ban And Arrest

    Georgia Speaker of the House Jon Burns has been hit with a lawsuit from constituents of a lawmaker who was barred from the chamber last month after he called Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."

  • February 13, 2025

    Musk Must Pay Up For Illegal Access To Data, Class Suit Says

    Elon Musk should be forced to compensate taxpayers and recipients of government benefits after gaining access to federal databases housing their data, a proposed class told a D.C. federal court, saying the billionaire violated the Computer Fraud and Abuse Act.

  • February 13, 2025

    Family Ties Could DQ Judge From Hawaii Wildfire Litigation

    The federal judge overseeing a proposed class action brought against Maui County, Hawaii, departments by Lahaina residents whose homes were destroyed in a devastating August 2023 wildfire has indicated she is "inclined" to grant a recusal bid.

  • February 13, 2025

    Sidley Adds White & Case Litigators In Chicago

    Sidley Austin LLP has grown its litigation offerings in Chicago with the addition of two former White & Case LLP partners, one of whom served as the leader of that firm's Windy City office.

  • February 13, 2025

    Greenberg Traurig Adds Skadden Litigator In Delaware

    Greenberg Traurig LLP announced Thursday that it has hired a corporate and commercial litigator for its Delaware office who formerly worked at Skadden Arps Slate Meagher & Flom LLP.

  • February 13, 2025

    6th Circ. Stands By Revival Of Parker-Hannifin 401(k) Suit

    The Sixth Circuit declined Parker-Hannifin Corp.'s bid for an en banc review of its ruling that revived a proposed class action from workers who claimed the technology company loaded down its retirement plan with underperforming and costly investment funds.

  • February 13, 2025

    Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans

    Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped. 

  • February 12, 2025

    Social Media MDL Judge Rips Google, Snap Quick Appeal Bid

    A California federal judge indicated Wednesday she likely won't let Google and Snap file interlocutory appeals in multidistrict litigation over social media's allegedly addictive designs, saying the appeals requests make "no sense," and she slammed Meta insurers' unnecessary motion to expedite its coverage dispute with Meta as "unprofessional."

  • February 12, 2025

    EthereumMax Buyers Seek Cert. In Celeb Crypto Promos Suit

    A group of investors in crypto product EthereumMax have asked a federal judge in California to certify a class action accusing Floyd Mayweather Jr., Kim Kardashian and other celebrities of promoting the token, which allegedly was used in a pump-and-dump scheme.

  • February 12, 2025

    OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit

    OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."

  • February 12, 2025

    Bausch Health Beats Suit Over 'Faking' Financial Stability

    Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.

  • February 12, 2025

    Sea Salt Co. Sued Over Lead And Arsenic Levels

    A salt company was hit with a proposed class action Tuesday in California federal court over allegations that its salt contains arsenic and lead, asserting that there is no safe level of lead.

  • February 12, 2025

    Klarna Accused Of Intercepting Creators' Commissions

    Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.

Expert Analysis

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Considerations For Federal Right Of Publicity As AI Advances

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    Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.

  • Why Calif. Courts Are Split On ERISA Forfeited Contributions

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    A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • Weight-Loss Drugs May Spur Next Major Mass Tort

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    With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.

  • And Now A Word From The Panel: Rare MDL Moments

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    Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • American Airlines ESG Ruling Could Alter ERISA Landscape

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    The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.

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