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Class Action
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July 10, 2025
Crypto Exec Fights NY Suit, Cites Due Process Violation
The CEO of a venture capital firm accused of misleading investors into buying up a crypto token with the help of an endorsement from Argentine President Javier Milei just before it tanked said an attempt by New York to exercise jurisdiction over him would be unconstitutional.
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July 10, 2025
Univ. of Rochester Sued For 'Excessive' Retirement Plan Fees
The University of Rochester was hit with a proposed class action Wednesday in New York federal court over allegations it caused its $7.2 billion employee retirement program to pay millions in excessive administrative fees.
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July 10, 2025
Execs Of Device Co. Made $6M From Insider Trading, Suit Says
Five executives for electrotherapy device maker Zynex Inc. were hit with a derivative suit Wednesday in Colorado federal court saying they inflated the company's stock price to cash out on shares valued at more than $6 million.
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July 10, 2025
Apple Tees Up Bid To End App Store Antitrust Class Action
Apple is preparing to file a summary judgment motion in California federal court seeking to end claims from a class of more than 185 million users in a long-running case accusing it of monopolizing the distribution of apps on its devices.
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July 10, 2025
Judge Trims IP Claims In Voice Actors' Suit Against AI Co.
A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.
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July 10, 2025
Dentsply Investors Win Class Cert. Over Pandemic Issues
A New York federal judge on Thursday certified a class of Dentsply Sirona Inc. investors who claim the dental health products supplier misled them about the extent of its pandemic-era woes.
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July 10, 2025
Apple, Visa And Mastercard Beat Payment Fee Collusion Suit
An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.
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July 10, 2025
Brookdale's $1.9M Deal Ends Investor Suit On Understaffing
An investor in retirement home operator Brookdale Senior Living Inc. has gotten a final nod for a deal settling her understaffing claims against the company's executives and directors in exchange for corporate reforms and fees and expenses totaling $1.9 million for her legal team.
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July 10, 2025
9th Circ. Backs Geico Win In COVID Auto Rebate Class Action
The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.
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July 10, 2025
2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling
The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit
The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.
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July 10, 2025
Students Say Fee Concerns Unfounded In Aid-Fixing Case
Attorneys for students accusing elite universities of conspiring to limit financial aid told an Illinois federal court there's no need for the schools to look into ethical concerns raised about attorney fees by a "disgruntled" associate for one of the firms representing the proposed class.
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July 10, 2025
Stitch Fix Must Face Most Claims In Investor Action
A California federal judge has declined to toss a revised complaint alleging that Stitch Fix Inc. and two of its former executives deceived investors about the impact of a new business line, saying the suit adequately made the case that the defendants knowingly made misleading statements.
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July 10, 2025
Texas Judge Partially Voids DOL's ERISA Rollover Rule
A Texas federal judge partially invalidated an investment advice regulation from President Donald Trump's first administration involving employee retirement savings and rollover transactions, ruling the U.S. Department of Labor exceeded its authority when it handed down a new interpretation of federal benefits law.
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July 10, 2025
Bettors Fight To Keep Suit Over DraftKings Promos Afloat
DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.
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July 10, 2025
Nursing Home Operator Faces Meal Break Suit In Pa.
A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.
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July 10, 2025
Mining Co. Fails To Pay For Preshift Work, Suit Says
A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.
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July 10, 2025
Judge Blocks Trump's Birthright Citizenship Order Nationwide
A New Hampshire federal judge on Thursday issued a nationwide block of President Donald Trump's executive order limiting birthright citizenship, and granted certification to a nationwide class that will cover all affected children born in the U.S.
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July 09, 2025
Uber Gets Some Driver Sex Assault Bellwether Claims Tossed
The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Google Notches Deal With Flo Users Ahead Of Privacy Trial
Google and users of the menstrual cycle tracking app Flo have reached a deal to resolve claims that the tech giant used a data analytics tool to unlawfully retrieve their sensitive health data, releasing the company from a July 21 trial that's still scheduled to proceed with respect to similar privacy claims being pressed against the app maker and Meta.
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July 09, 2025
California Court Allows Worker To Pursue 'Headless' PAGA Suit
A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.
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July 09, 2025
Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.
A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.
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July 09, 2025
Give Investors Partial Class Cert In DiDi Suit, Judge Suggests
Investors in DiDi Global Inc., a ride-hailing business based in China, should receive class certification for some of their claims in a suit alleging that the company hid enterprise-threatening regulatory risks during its initial public offer in 2021, a federal magistrate judge has determined.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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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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Bill Would Bring Welcome Clarity To Del. Corporate Law
A recently proposed bill in Delaware that would provide greater predictability for areas including director independence and controlling stockholders reflects prudential adjustments consistent with the state's long history of refining and modernizing its corporate law, say attorneys at Simpson Thacher.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.