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Class Action
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February 20, 2025
Wells Fargo, AAA Look To Nix Fraudulent Inducement Suit
Wells Fargo and the American Arbitration Association are urging a California federal judge to nix a proposed class action accusing them of colluding to fraudulently induce consumers into accepting a fundamentally unfair arbitration process, with the bank arguing that the claims must be arbitrated.
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February 20, 2025
Textbook Authors Seek Final OK Of $20M Royalties Deal
A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
Kim Kardashian's Skims Hit With ADA Lawsuit
A proposed class action filed Thursday in Illinois federal court accuses Skims.com, a shapewear retailer founded by reality star Kim Kardashian, of violating the Americans with Disabilities Act with "significant access barriers" that make it "difficult if not impossible" for visually impaired customers to navigate the website.
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February 20, 2025
AmerisourceBergen Strikes Settlement In 401(k) Fee Suit
AmerisourceBergen and a proposed class of workers who alleged their employee 401(k) plan was saddled with excessive recordkeeping and administrative costs have struck a settlement deal to resolve the dispute, according to a filing in Kentucky federal court.
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February 20, 2025
Trade Desk's Rollout Of AI Product Draws Ire From Investors
Global digital marketing venture The Trade Desk Inc. was hit with a proposed shareholder class action alleging it misled investors about the rollout of its artificial intelligence-driven ad-buying platform by hiding execution problems that delayed adoption and hurt revenue.
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February 20, 2025
Schwab Antitrust Settlement With Investors Gets Initial OK
A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.
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February 20, 2025
Education Tech Firm Faces Class Action In NC Over Data Hack
A nationwide education technology platform got hit with a proposed class action in North Carolina on Thursday over a "massive and preventable cyberattack" which allegedly exposed personal information including health data for up to 18,000 of its users.
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February 20, 2025
Drug Buyers Get OK On $275M Sandoz Antitrust Settlement
Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.
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February 20, 2025
Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards
Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from lawyers and a corporate law scholar.
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February 20, 2025
Steel Co. Reaches $1.5M Deal In 401(k) Mismanagement Suit
A steel manufacturer has agreed to pay $1.5 million to shutter a class action in Florida federal court claiming it failed to trim high-cost investment funds from its $655 million retirement plan while also neglecting to tamp down on pricey management fees.
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February 20, 2025
Class Action Group Of The Year: Bernstein Litowitz
Bernstein Litowitz Berger & Grossmann LLP's class action practice group helped block Elon Musk's $55 billion compensation plan from Tesla Inc. and won more than $400 million in settlements in an investor suit over the sale of Columbia Pipeline Group to TC Energy, earning it a spot as one of the 2024 Law360 Class Action Groups of the Year.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
Constellation Brands Faces Investor Suit Over Profit Slump
Alcoholic beverage company Constellation Brands Inc. has been hit with a proposed shareholder class action alleging it misled investors about attempts to revive its wine and spirits business, which were reportedly shown to be ineffective when the company announced quarterly earnings last month.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
Casino SPAC Shareholders Sue Execs Over Failed Merger
A public shareholder of a blank check company that failed to merge with a Philippines-based casino has accused the special purpose acquisition company's directors of orchestrating a deal process with "recklessness, deceit, and bad faith," is and seeking damages beyond the $11 million settlement the company struck in another related suit.
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February 19, 2025
Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs
A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
3D Printing Co. Escapes Chancery Suit Over $575M Merger
An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.
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February 19, 2025
3rd Circ. Doubts Alleged Cancer Risk Devalued Drug
A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.