Q&A

Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

By David Steele

Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

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9th Circ. Judge Open To Reversing Google's Privacy Win

By Dorothy Atkins

A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."

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NJ Towns Not Liable For Water Contaminants, Panel Rules

By Jared Foretek

A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.

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Elite Schools' $284M Aid-Fixing Deals Get Final OK

By Celeste Bott

An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.

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Pornhub's Parent Co. Seeks Exit From Trafficking Class Action

By Gina Kim

MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.

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Rising Star: Cohen Milstein's Eric A. Kafka

By Benjamin Morse

Eric Kafka of Cohen Milstein Sellers & Toll PLLC has secured major clients wins in high-dollar consumer protection cases, including a recent $40 million settlement for advertising purchasers in a case over Facebook's alleged inflation of advertising performance metrics, earning him a spot among the class action law practitioners under age 40 honored by Law360 as Rising Stars.

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Two Class Atty Teams Challenge EngageSmart Deal In Del.

By Jeff Montgomery

A new and an amended stockholder complaint have taken aim in Delaware's Court of Chancery at the $4 billion January take-private acquisition of customer engagement and payments venture EngageSmart Inc. by interests of Vista Equity Partners, following a Thursday deadline for consolidated complaint and lead attorney and plaintiff proposals.

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Berkshire Bank Says It's Not At Fault For $90M Ponzi Scheme

By Sydney Price

Berkshire Bank asked a New York federal judge to toss a proposed class action seeking to hold it liable for providing financial services to a bankrupt local business person whom the investor accused of operating a $90 million Ponzi scheme, saying the investor does not show Berkshire did anything more than provide routine banking services.

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Cannabis Co. Gets Investor Fraud Suit Thrown Out

By Mike Curley

A New York federal judge has thrown out a consolidated class action alleging Canopy Growth Corp. misled investors about the financial prospects of a newly acquired subsidiary, saying the complaint fails to show that the company knew it was misleading investors.

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Brief

Judge OKs $47.5M QuantumScape Shareholder Deal

By Sydney Price

A California federal judge granted preliminary approval to a $47.5 million deal ending class action allegations by QuantumScape investors that the company made misleading statements about the quality of its batteries.

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Brief

Investors Want Merrill, UBS Back In $364M Libor-Rigging Suit

By Emilie Ruscoe

Investors who were allegedly harmed by the manipulation of a widely used interbank lending interest rate have appealed a final judgment that ended claims against major banks and financial services companies in protracted litigation that has garnered settlements totaling $364.5 million.

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OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit

By Celeste Bott

Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.

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Jazz Says Narcolepsy Drug Charge MDL Should Be Tossed

By Bonnie Eslinger

Jazz Pharmaceuticals urged a California federal judge to toss claims from insurers and consumers pursuing multidistrict litigation accusing the drugmaker of staving off generic competition to its blockbuster narcolepsy medicine Xyrem through antitrust conduct and deals with other drugmakers, saying the company engaged in "permissible competition."

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Boehringer Looks To Toss Inhaler Antitrust Case

By Matthew Perlman

Boehringer Ingelheim Pharmaceuticals Inc. urged a Massachusetts federal court to toss a proposed class action accusing it of blocking generic versions of two inhaler medications, saying it has valid patents protecting the products.

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Axon Says FTC Has 'No Reason' To Wade Into Suit

By Bryan Koenig

Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.

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Less Strict Standard Should Apply In 401(k) Suit, Judge Says

By Emmy Freedman

A Florida magistrate judge advised rejecting a steel manufacturer's bid to apply a tougher standard to a plan participant's proposed class action accusing the company of saddling its 401(k) with pricey investment funds and fees, saying that standard doesn't fit the bill in this case.

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Brief

NY Life Workers' $19M ERISA Deal Gets Final Approval

By Patrick Hoff

Current and former New York Life workers received final approval for a $19 million deal ending their lawsuit claiming the insurance giant kept inferior proprietary investment options in its employee 401(k) plans.

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Splenda Must Face False Ad Suit Over Diabetes Benefits

By Jonathan Capriel

The maker of Splenda cannot escape a proposed class action alleging that it has falsely advertised its products as healthy and "suitable for people with diabetes" after a California federal judge found that federal law does not preempt any of claims the consumers made under state laws.

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Oracle Inks $115M Deal To End Consumer Data Collection Suit

By Lauren Berg

Oracle America Inc. agreed to pay $115 million to resolve a proposed class action alleging the software company illegally sold internet users' electronic profiles, consumers told a California federal judge, putting to rest a case that has stretched on for nearly two years.

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Evolve Bank Leaked 7.6M Customers' Private Info, Suit Says

By Katryna Perera

Evolve Bank & Trust has been hit with a proposed class action in Tennessee federal court alleging it failed to adequately protect the personal information of 7.6 million individuals from a cyberattack and failed to conduct reasonable data security practices.

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Brief

Plaintiffs Drop Digital 'Wiretap' Suit Over Marketing Software

By Thy Vo

The plaintiffs in a proposed class action accusing a Colorado software service provider of illegally eavesdropping on visitors' interactions with the CVS.com website have voluntarily dropped their suit, according to a notice filed Friday.

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Class Seeks $1.5B Settlement In Payday Loan Dispute

By Crystal Owens

A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.

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Utility, Attys 'Colluded' On $178M Ore. Wildfire Deal, Court Told

By Hannah Albarazi

Berkshire Hathaway-owned utility PacifiCorp is facing allegations from plaintiffs firms that it "colluded" with a trio of other law firms to reach a "paltry" $178 million settlement with survivors of deadly Oregon wildfires allegedly sparked by the utility's equipment, according to a filing in Oregon state court.

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Agent's Claim Over Robocall Coverage Partly Advances

By Hope Patti

A wholesale insurance agent may proceed with its claim that a retail insurance broker's misrepresentations about an alarm service company duped the agent into issuing a policy with coverage for robocall litigation, a New Jersey federal court ruled, while cutting the agent's claims for negligent misrepresentation and indemnification.

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Judge Presses Govt. On Immigrants' Vetting Delays

By Greg Lamm

A Washington federal judge on Friday pushed the government to defend a special national-security immigration vetting program, suggesting that delays in processing applications have left many people seeking citizenship and green cards in "no man's land."

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Feds Deny That Advocate Suit Forced Immigration Change

By Alyssa Aquino

The Biden administration rebuked immigration advocates' request for $3.7 million for challenging Trump-era orders ending immigration protections for people from conflict zones, arguing they couldn't claim they won the case just because the new administration undid its predecessor's policy.

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Feature

NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half

By Elaine Briseño

The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.

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Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

By David Steele

Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

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Off The Bench

Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row

By David Steele

In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.

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Del. Dispatch: 27.6% Stockholder Not A Controller

The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.

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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early

After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.

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BCLP Seeks Merger Partner As Departures Continue

By Aebra Coe

Bryan Cave Leighton Paisner LLP's headcount has declined by more than 20% since the law firm's seminal combination, according to firm data, with a surge of lateral departures this spring and summer. Sources have told Law360 Pulse that firm leaders are currently seeking a merger partner.

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Several State Courts Impacted By Global Tech Outage

By Sarah Martinson

Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.

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DOJ Seeks Probe Of Conflicts In Ex-Fed. Judge's Cases

By Jack Karp

The U.S. Department of Justice has asked its internal watchdog to look into why federal prosecutors kept quiet about the fact that they allegedly knew now-resigned Alaska federal Judge Joshua Kindred had inappropriate relationships with several attorneys appearing before him, the DOJ confirmed to Law360 Friday.

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NASCAR Names New General Counsel Amid Shake-Up

By Sue Reisinger

NASCAR Holdings' has named a new general counsel and a new deputy general counsel and head of privacy to fill out the team of chief legal officer Amanda Oliver.

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Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

By Hailey Konnath

The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

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Kavanaugh Murder-Attempt Suspect Set To Face Trial

By Rae Ann Varona

A man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has failed to reach a plea deal after nearly two years of negotiations, setting his case up for trial in Maryland federal court, federal prosecutors said Friday.

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2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit

By Ryan Boysen

A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.

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Apple Wants Litigation Funder To Explain Role In Patent Row

By Rose Krebs

Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.

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NYC Bar OKs Attys' Financial Stakes In Alternative Biz Entities

By Andrea Keckley

A new ethics committee report says a New York City lawyer may hold a financial interest in alternative business structures in jurisdictions that let them provide legal services, provided the lawyer is merely a financial investor, not practicing law through the entity.

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Judge Recuses As Tech Firm Slams Dow Chemical's Request

By Ryan Harroff

An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."

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Calif. Firm Beats Rival's Claims In 'Sweet Justice' TM Fight

By Rachel Rippetoe

A California federal court on Thursday nixed a personal injury firm's countersuit against its rival in a battle over the trademark use of the term "Sweet Justice," ruling that the firm's counterclaims are a "mirror-image" of the underlying suit.

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'Texit' Atty Sues State Rep., Judge Over Defamation Fees

By Catherine Marfin

A civil rights attorney who has represented the group behind the "Texit" movement filed a lawsuit against a state representative and court officials in a North Texas county, accusing the group of colluding to run up attorney fees against him in a defamation case connected to the pro-Texas-secession group.

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Colo. Federal Judges Point Out Recent High Turnover

By Daniel Ducassi

Colorado's chief federal judge on Friday observed "there has been a lot of turnover" on the bench in the district over the past several years, noting five out of the seven active district court judges were nominated by President Joe Biden. 

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Law360's Legal Lions Of The Week

By Kevin Penton

Blanche Law PLLC and Continental PLLC lead this week's edition of Law360 Legal Lions, after a Florida federal judge tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

A kidney care company has asked a federal judge to throw out a former in-house counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes, and a study showed the world's most extensive public country-by-country tax reporting rules would require 51% of large U.S. multinational corporations to disclose tax arrangements. These are among the stories in corporate legal news you may have missed in the past week.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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