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Class Action
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July 17, 2025
REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold
REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.
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July 17, 2025
Fla. High Court Revives UF Student's COVID-19 Suit
The Florida Supreme Court on Thursday revived a University of Florida student's lawsuit over cancellation of on-campus services during the COVID-19 pandemic, ruling that sovereign immunity does not automatically block the student's breach-of-contract claims.
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July 17, 2025
Class Claims Target Anthem's 'Ghost' Provider Networks
Anthem Health Plans Inc. and its parent Elevance Health Inc. should be held liable for maintaining inaccurate directories of mental health providers that send patients on a "wild-goose chase" to find care, according to a putative class action in Connecticut state court that targets "ghost" networks.
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July 17, 2025
Problematic Fund Harmed Health Tech Co. 401(k), Court Told
Health technology company Philips North America cost workers millions by retaining a stable value investment fund in its $5 billion retirement plan that produced dismal returns for workers and by mismanaging forfeited funds, three workers told a Massachusetts federal court.
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July 17, 2025
Mortgage Cos.' Wage Deal OK'd Without Waiver Language
A settlement resolving an overtime suit by former mortgage company workers will move forward, but without language saying the company's owners and its successor waived certain defenses against a former co-owner in his separate New Jersey state court case, a federal judge ruled.
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July 17, 2025
Fla. Judge Rejects US Service Members' Timeshare Claims
A Florida federal judge sided with Holiday Inn Club Vacations Inc. and its timeshare financier on Thursday in a putative class action聽by two U.S. Air Force members alleging that their timeshare loan contracts violated the Military Lending Act.
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July 17, 2025
Authors Win Cert. In Copyright Suit Against Anthropic
A California federal judge on Thursday certified a class of copyright owners of books in the online pirate libraries Library Genesis and Pirate Library Mirror that were downloaded by artificial intelligence firm Anthropic for training its Claude generative text model.
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July 17, 2025
Atty Access At 'Alligator Alcatraz' Being Barred, Suit Says
Attorneys are being barred from consulting clients being detained at the new detention facility in the Everglades known as "Alligator Alcatraz," while detainees are being prevented from contesting their detention, a new federal lawsuit alleges.
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July 17, 2025
Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.
Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.
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July 17, 2025
DMC Global Brass Sued Over Arcadia Acquisition
Executives and directors of industrial company DMC Global Inc. have been hit with a shareholder derivative suit in Colorado federal court accusing them of allowing the company to exaggerate the prospects and financial health of a manufacturing segment it acquired in 2021.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
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July 17, 2025
Healthcare Co.'s Revised $120K Wage Deal Gets Green Light
A Connecticut-based healthcare company and its workers can move forward with their second attempt at a wage and hour settlement agreement, a Connecticut federal judge has ruled, finding that the new terms fix聽concerns he raised聽over the release of claims when rejecting the initial deal.
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July 17, 2025
Mortgage Co. Says Military Service Rule Bars Interest Lawsuit
A mortgage loan servicer accused of charging military members interest rates that exceeded a federal statutory cap says the leader of a proposed class action didn't perform qualifying service under the statute he invoked and his Connecticut federal case should probably be dismissed.
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July 17, 2025
Fla. Law Firm Zumpano Patricios Hit With Data Breach Suit
Miami-headquartered national law firm Zumpano Patricios is facing a proposed class action in Florida federal court accusing the firm of failing to protect sensitive information, including dates of birth and healthcare payments, that was compromised in a May data breach.
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July 17, 2025
Firm Named Lead Counsel For REIT Securities Fraud Class
The Rosen Law Firm PA will serve as lead counsel for a proposed class of Sun Communities investors who claim the real estate investment trust failed to disclose that its CEO received a loan from a board member's relatives.
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July 17, 2025
Equinix OKs $41.5M Settlement Of Capital Spending Claims
Data center developer Equinix has agreed to pay $41.5 million to settle class claims from a pension fund saying the company mislabeled spending on maintenance expenses over a five-year period to earn executives bonuses of $150 million.
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July 17, 2025
Meta, Stockholders Settle $8B Privacy Breach Suit
Attorneys for Meta stockholders reported a midtrial agreement Thursday to settle an $8 billion-plus Delaware Court of Chancery suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 16, 2025
CME Trading Center Access Didn't Need Approval, Jury Hears
A data center that CME Group Inc. built to accommodate electronic trading is not a trading floor, and the exchange didn't ask permission to let both members and nonmembers do their work there because it didn't need to, an Illinois jury heard Wednesday in the traders' class action.
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July 16, 2025
Wells Fargo Sued Over 'Flippant' Mortgage Fee Refunds
A Wells Fargo mortgage borrower has filed a proposed class action against the bank, alleging the bank made an "inadequate" effort to resolve purported mortgage origination fee errors it has vaguely alerted certain borrowers to.
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July 16, 2025
Immigrants Slam 'Unlawful' Immigration Courthouse Arrests
A group of immigrants and advocacy groups on Wednesday filed a proposed class action over the Trump administration's recent practice of arresting and fast-tracking the deportation of people attending hearings at immigration courts, calling the arrests "unprecedented" and "unlawful."
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July 16, 2025
OpenAI, Microsoft Challenge Authors' Proposed Class Action
OpenAI and its financial backer Microsoft each have lodged challenges in New York federal court to a consolidated proposed class action from a group of best-selling authors who claim their works were used to train ChatGPT, saying the consolidated litigation went beyond the court's permissible scope.
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July 16, 2025
8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration
The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.
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July 16, 2025
Meta Wanted To Shield Zuckerberg From FTC Suit, Chancery Told
A former Facebook director testified Wednesday that company directors resisted federal efforts to include CEO Mark Zuckerberg as a defendant in a privacy breach suit that settled for $5 billion in 2019, starting a Delaware trial on a derivative stockholder suit to recover the payout.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
Bojangles Managers Ask To Redo Cert. After 4th Circ. Setback
Managers at the fast-food chain Bojangles asked a North Carolina federal judge Wednesday to certify more than a dozen subclasses in their wage and hour case, arguing that there's still a path forward after the Fourth Circuit sent them back to the drawing board on certification.
Expert Analysis
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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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 鈥 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 鈥 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鈥檚 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.