Class Action

  • December 05, 2023

    SEC Chair Warns Businesses Against AI Washing: 'Don't Do It'

    U.S. Securities and Exchange Commission Chair Gary Gensler on Tuesday cautioned business owners not to "AI wash," or mislead investors as to their true artificial intelligence capabilities, comparing the practice to "greenwashing" and saying that securities laws require "full, fair and truthful disclosure."

  • December 05, 2023

    Split 9th Circ. Won't Revisit Meta Investor Suit In Data Scandal

    The Ninth Circuit on Monday declined Facebook's request to rehear by three-judge or en banc panel a revival of a putative securities class action over the Cambridge Analytica data abuse scandal, with one jurist voting to grant the company's petition for rehearing en banc.

  • December 05, 2023

    Parties In Healthcare Antitrust Suit Told To List Depo Targets

    An Illinois federal court on Tuesday ordered DaVita Inc., a UnitedHealth Group unit and two of the unit's former senior employees to provide a list of people they seek to depose in an antitrust suit accusing the healthcare companies of an anti-competitive no-poach scheme.

  • December 05, 2023

    Investors Sue Smith & Wesson Brass Over Assault Rifle Biz

    Smith & Wesson's directors and senior executives place their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings, according to a Nevada state lawsuit filed Tuesday by a group of Catholic sisters.

  • December 05, 2023

    9th Circ. Throws Out Tinder Age Bias Settlement Again

    The Ninth Circuit held Tuesday that a revised $5.2 million settlement between Tinder and users accusing it of age bias still doesn't hold up, ruling that the class representative has a conflict of interest and failed to vigorously litigate on behalf of the proposed class before agreeing to the deal.

  • December 05, 2023

    Honda Wins Bid To Slash Most Atty Fees In Valve Defect Suit

    The counsel behind the $1.4 million valve defect jury verdict for Honda drivers that the automaker called an "abject failure" does not deserve $5.6 million in fees and costs, a California federal judge has ruled, approving only $1.5 million.

  • December 05, 2023

    Judge Decries Obligation To Send Wage Suit To Arbitration

    A Massachusetts federal judge reluctantly shipped a wage dispute to arbitration, ruling that a former retail worker was not exempt from the Federal Arbitration Act while bemoaning his obligation to strip the worker of her access to the federal court system.

  • December 05, 2023

    Lending Co. Best Egg Looks To Arbitrate Predatory Loans Suit

    Online lender Best Egg has moved to compel arbitration of a proposed class action accusing the company of raking in millions of dollars by charging borrowers unlawfully high interest rates, arguing the plaintiffs "indisputably assented" to loan agreements containing arbitration provisions.

  • December 05, 2023

    NBA Urges 2nd Circ. To Toss Appeal In 'Abusive' Privacy Suit

    The National Basketball Association urged the Second Circuit on Tuesday to uphold a lower court's dismissal of a proposed class action that accused the organization of unlawfully sharing personal information of its online video viewers with Facebook on the grounds the suit was seeking to improperly expand the Video Privacy Protection Act.

  • December 05, 2023

    Geico Gets Preliminary Approval For $5.1M Ga. Settlement

    A Georgia federal judge gave preliminary approval Tuesday to a $5.1 million class action settlement between Geico and its policyholders over allegations the insurer undercompensated owners of totaled vehicles by miscalculating applicable tax under Georgia law.

  • December 05, 2023

    Chicagoans Seek OK Of $12.25M Deal Over Toxic Demolition

    A group of Chicago residents asked an Illinois federal judge Monday for her initial blessing of their $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • December 05, 2023

    Objectors Try, Again, To Derail Mich. Tax Foreclosure Deal

    Class members opposing a proposed settlement between 43 Michigan counties and homeowners who seek the profits the counties made selling their tax-foreclosed homes are now saying several class representatives have died during the litigation, and questioning if others in the case actually owned the properties in question.

  • December 05, 2023

    Trump, SBF Trials Spotlight Nonverbal Signaling, Prof Says

    Recent trials involving Donald Trump and Sam Bankman-Fried — and even the much older O.J. Simpson trial — show clearly that savvy trial lawyers are wielding forms of nonverbal communication that aren't subject to ethics guidelines, an expert on the topic said Tuesday.

  • December 05, 2023

    Investor Fights For New Shot At Cannabis Co. Accounting Suit

    An investor who alleged cannabis company Cronos Group Inc. violated "black-and-white accounting standards" to artificially boost quarterly revenue by 40% is asking to amend a consolidated lawsuit's claims post-dismissal, arguing that a New York federal judge's November decision to toss the case with prejudice ran afoul of Second Circuit precedent.

  • December 05, 2023

    Monsanto Gets Roundup Carcinogen Suit Dismissed

    A California federal judge has dismissed with prejudice a suit by consumers alleging that ingredients in Monsanto's Roundup could form a dangerous cancer-causing substance, saying the complaint fails to allege that such a thing has happened in the products at issue.

  • December 05, 2023

    Gannett Beats 401(k) Class Action Over Tegna Stock

    A Virginia federal judge granted Gannett a win Tuesday in a class action accusing it of costing its 401(k) plan $135 million by keeping too much money invested in ex-parent company Tegna's stock, saying the newspaper conglomerate showed it didn't make its decisions recklessly.

  • December 05, 2023

    Judge Drops EY's German Unit From Wirecard Investor Suit

    A Pennsylvania federal judge dropped the German unit of Ernst & Young for a second time from a proposed class action accusing it and failed online payments company Wirecard AG of misleading investors about Wirecard's financial viability, ruling that the investors have not established the court has jurisdiction over the German entity.

  • December 05, 2023

    Insurers Seek Dismissal Of PrEP Coverage Suit

    A UnitedHealthcare unit has asked a Minnesota federal judge to toss a proposed class action from employee health plan participants alleging that the insurers failed to fully cover HIV preventive treatment, saying the patients' claims weren't properly justified.

  • December 05, 2023

    Mechanics Seek Class Status In Kuwait Forced-Labor Suit

    More than two dozen mechanics who worked for ManTech International Corp. are looking to certify their proposed class action accusing The Carlyle Group-owned military contractor of using them as forced labor to repair armored vehicles in Kuwait.

  • December 05, 2023

    Microsoft Added As Defendant In Writers' OpenAI IP Suit

    Microsoft Corp. has been added to an amended putative copyright class action against OpenAI filed by a group of writers who accuse the artificial intelligence research company of using protected works to "train" its generative AI product ChatGPT, arguing OpenAI's training couldn't have happened without Microsoft's "financial and technical support."

  • December 05, 2023

    Bristol-Myers Decries Blue Cross Unit's Last-Minute Dropout

    Celgene and parent Bristol-Myers Squibb expressed frustration Tuesday about the timing of a Blue Cross unit's decision to bow out as a plaintiff in New Jersey federal court antitrust litigation accusing the drugmakers of delaying generic competition to blockbuster cancer treatments, raising concerns the insurer might shirk its discovery obligations.

  • December 05, 2023

    Car Service Co. Accused Of Selling Noncompliant Contracts

    A Spokane, Washington, woman has lodged a putative class action accusing a vehicle service contract provider and its insurer of violating state law by illegally selling and issuing noncompliant service contracts and protection product guarantees to Washington state customers.

  • December 05, 2023

    Private Equity Firm Can't Opt Out Of $110M Settlement Late

    A Pennsylvania federal judge denied a private equity firm’s late bid to opt out of a nearly $110 million class action settlement over a life insurance company’s rate hikes, finding that accepting the firm’s bid, submitted six weeks after the opt-out deadline, would “render class action settlement opt-out deadlines meaningless.”

  • December 04, 2023

    Kraft Heinz Fraudulently Won Insider Trade Suit, Investor Says

    An investor has hit Kraft-Heinz Co. with a fresh stockholder complaint in Delaware Chancery Court, claiming that the court wrongly tossed a prior action alleging similar $1.2 billion insider-trading claims based on fraudulent statements and incomplete evidence regarding Kraft Heinz's executives' purported financial ties to the majority stockholder accused of insider trading.

  • December 04, 2023

    FirstEnergy Lands Stay In Investor Suit Over Bribery Scandal

    An Ohio federal judge and a magistrate judge have asked a special master to issue a report and recommendation on a bid by FirstEnergy Corp. to stay all discovery in an investor suit over the company's involvement in a massive bribery scheme to bail out two failing nuclear energy plants, while the utility company appeals class certification.

Expert Analysis

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Opinion

    Activist Short-Sellers Are The Dark Knights Of Wall Street

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    While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • An Informed Guide To Mastering Retirement Plan Forfeitures

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    When considering how to allocate departing retirement plan participants’ forfeitures, sponsors should consider recently filed lawsuits that allege Employee Retirement Income Security Act violations for using such funds to offset employer contributions, as well as proposed IRS guidance concerning how and when they must be used, says Eric Gregory at Dickinson Wright.

  • Kochava Ruling May Hint At Next Privacy Class Action Wave

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    The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • When Courts Engage In Fact-Finding At The Pleading Stage

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    It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.

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