A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.
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FRIDAY, FEBRUARY 28, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight

By Dorothy Atkins

A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.

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McCarter & English Wants $3.8M, Ex-Client Wants New Trial

By Emily Sawicki

Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.

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US Vision Beats Suit Over 2021 Ransomware Attack

By Lauren Berg

A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.

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Boeing Rep Must Testify Again In Folded Airline's 737 Max Suit

By Rachel Riley

A Washington federal judge has partly sided with a defunct South African airline in the latest discovery row in a lawsuit against Boeing over a soured 737 Max deal, ordering the aerospace giant to prepare for another deposition after past corporate representatives purportedly couldn't answer basic questions.

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Court Reporters Group Says Antitrust Suit Must Be Tossed

By Matthew Perlman

A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.

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PRIVACY & CONSUMER PROTECTION

Defunct School's $5M Deal For Students Gets Final OK

By Aaron Keller

A Connecticut judge on Thursday approved a $5 million class action settlement between a shuttered nursing school and students affected by its sudden shutdown, also awarding at least $1.25 million to the Milford firm that spearheaded the litigation.

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EMPLOYMENT

Conn. Firm Windup Fight Belongs In Arbitration, Court Told

By Brian Steele

Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

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LIFE SCIENCES

$40M Deal OK'd For Suit Over Emergent Vax Flub

By Jared Foretek

A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.

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EXPERT ANALYSIS

Series

Racing Corvettes Makes Me A Better Lawyer

The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

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LEGAL INDUSTRY

Sierra Leone Accuses Jenner & Block Of Fraudulent Overbilling

By Emily Sawicki

Facing an $8 million fee suit pending in D.C. federal court, the Republic of Sierra Leone on Thursday brought counterclaims accusing its former counsel from Jenner & Block LLP of fraudulently overbilling for work the firm did on its behalf between 2019 and 2022.

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Analysis

Cognizant Execs' Trial Could Test Force Of FCPA Pause

By Carla Baranauckas

The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.

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Analysis

How Adams' Latest Move Might Checkmate The DOJ

By Phillip Bantz

New York City Mayor Eric Adams' push to permanently dismiss his federal corruption case is a clever legal strategy that appears to have backed the government into a corner, experts say.

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Polsinelli Blocked From Repping BCBS Settlement Opt-Outs

By Ryan Boysen

An Alabama federal judge has disqualified Polsinelli PC from representing hospitals that opt out of a landmark $2.8 billion Blue Cross Blue Shield antitrust settlement, even as other firms are licking their lips at the prospect of a multibillion-dollar bonanza of opt-out litigation.

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Goldstein Urges Judge To Lift Device Monitoring Requirement

By Phillip Bantz

U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.

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Former Seyfarth Partner To Chair DOL's Review Board

By Irene Spezzamonte

The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.

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Law Firm Marketing Budgets Have Fallen Behind Firm Growth

By Aebra Coe

During a period when many law firms experienced strong revenue and headcount growth, the industry's marketing budgets did not grow at the same pace, according to the results of a survey released Thursday.

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Conn. Atty Set To Go To Trial In Self-Defense Shooting Case

By Christine DeRosa

A Connecticut attorney is preparing for trial this week, but probably not in the way many would think — this time, he's appearing before a judge as the defendant in a manslaughter case over the 2021 shooting death of a man outside his law office.

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Carolinas Law Firm Hit With Suit Over 2024 Data Breach

By Sarah Martinson

Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.

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Deputy AG And Antitrust Nominations Head To Full Senate

By Courtney Bublé

The Senate Judiciary Committee sent the nominations of Todd Blanche, for deputy attorney general, and Gail Slater, for assistant attorney general for the Antitrust Division at the U.S. Department of Justice, to the full Senate on Thursday, the latter of whom received bipartisan support.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Adams & Reese

Aeton Law Partners

Archie Lamb & Associates

Armbrecht Jackson

Axinn Veltrop

Bailey & Glasser

Baker Donelson

Balch & Bingham

Beasley Allen

Bodman PLC

Bohrer PLLC

Bramson Plutzik

Brownstone Appellate Law Firm

Brunini Grantham

Bunch & James

Cadwalader Wickersham

Campbell Partners

Cohen Milstein

Cohen Seglias

Connecticut Trial Firm LLC

Conti Levy

Cowdery Murphy

Cramer & Anderson

Cravath Swaine

Crowell & Moring

Cusimano Roberts

Dillon & Findley

Dominick Feld

Eyster Key

Foley & Lardner

FordHarrison

Gibbons PC

Glast Phillips

Gordon Rees Scully Mansukhani

Gray & White

Hayes Hunter PC

Healy LLC

Heidman Law Firm

Hill Hill Carter Franco Cole & Black

Hogan Lovells

Horn Aylward

Hurwitz Sagarin

Izard Kindall

Jenner & Block

Jinks Crow

Jones Day

Kilpatrick Townsend

Kirkland & Ellis

Klausner Kaufman

Kozyak Tropin

Law Offices of David A. Balto

Lightfoot Franklin

Manatt Phelps

Mason LLP (Washington, DC)

Maynard Nexsen

McCarter & English

McElroy Deutsch

Milberg Coleman

Miles & Stockbridge

Morgan & Morgan

Munger Tolles

Nelson Mullins

Olshan Frome

Orrick Herrington

Paul Weiss

Penn & Seaborn

Perkins Coie

Phillips Lytle

Pittman Firm

Podhurst Orseck

Polsinelli PC

Pomerantz LLP

Poulin Willey

Quinn Emanuel

Redgrave LLP

Reed Smith

Reich & Binstock

Reichard & Escalera

RichardsonClement PC

Riley & Jackson

Riley Pope

Robbins Geller

Rumberger Kirk

Seeger Weiss

Seward & Kissel

Seyfarth Shaw

Shamoun & Norman

Shelby Roden LLC

Shook Hardy

Simons & Associates Law

Spotswood Sansom

Stanfield Bechtel

Strauss Borrelli

Strom Law Firm

Wallace Jordan

Waymaker LLP

Whatley Kallas

White & Case

White Arnold & Dowd

Whitfield Bryson

Wiggin & Dana

Wiggins Childs

Williams & Connolly

WilmerHale

Wittels McInturff

Wojtalewicz Law Firm

XPAN Law Partners

Zuckerman Spaeder

COMPANIES IN TODAY'S NEWS

American Arbitration Association

AstraZeneca PLC

BTI Consulting Group Inc.

Blue Cross Blue Shield Association

Bragg

British Airways PLC

ClassPass Inc.

Cognizant Technology Solutions Corp.

Emergent BioSolutions Inc.

Ethiopian Airlines Enterprise

Freedom Financial Network LLC

Harvard University

Johnson & Johnson

L&T Construction

Microsoft Corp.

New York University

Princeton University

The Boeing Co.

The Home Depot Inc.

U.S. Chamber of Commerce

U.S. Vision Inc.

Warner Bros. Entertainment Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Connecticut Attorney General's Office

Federal Bureau of Investigation

Federal Trade Commission

International Chamber of Commerce

U.S. Army

U.S. Attorney's Office for the District of Maryland

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

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

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

U.S. House of Representatives

U.S. Supreme Court

United States District Court for the Northern District of Alabama