A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."
Law360
Class Action
SATURDAY, MAY 25, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

'I Just Don't Buy It': Judge Rips Google's Injunction Argument

By Dorothy Atkins

A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."

Read full article » | Save to favorites »

Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

By Jeff Overley

It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

Opinion attached | Read full article » | Save to favorites »

Analysis

House Money: The Path To A Landmark NCAA NIL Settlement

By David Steele

The NCAA is expected to pay more than $2.7 billion to settle a yearslong antitrust class action lawsuit featuring hundreds of thousands of former college athletes who alleged the organization owed them for years of unpaid name, image and likeness compensation. Here, Law360 walks you down the winding path that led to the massive reported settlement.

Read full article » | Save to favorites »

TikTok, YouTube Must Produce European Privacy Data In MDL

By Dorothy Atkins

A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.

Read full article » | Save to favorites »

2nd Circ. Revives Insurer's $2.5M Suit Over Valuation Software

By Gina Kim

The Second Circuit on Thursday revived an insurer's indemnification bid against software company Audatex for $2.5 million in costs from a suit alleging its use of Audatex's valuation software resulted in underpayment for totaled cars, concluding the lower court erred in finding the suit didn't result from the insurer's use of Audatex's software.

Opinion attached | Read full article » | Save to favorites »

7th Circ. Unsure VIX-Fix Claims Were Wrongly Tossed

By Lauraann Wood

The Seventh Circuit seemed unsure Thursday that two investment companies should be allowed to pursue volatility index manipulation claims against Barclays, Morgan & Stanley Co. and other financial institutions after a lower court found that one lacked standing and the other missed a statutory deadline.

Read full article » | Save to favorites »

SECURITIES

'New' Facts Don't Permit Do-Over, Kraft-Heinz Tells Chancery

By Leslie A. Pappas

An institutional shareholder of The Kraft-Heinz Co. is not entitled to a "do-over" on an insider trading lawsuit that Delaware's Court of Chancery dismissed in 2021 because the supposed "new evidence" it offers isn't actually new and wouldn't have made any difference in the case, the company said Thursday.

Read full article » | Save to favorites »

FirstEnergy Wants 6th Circ. To Shield Bribe-Probe Docs

By Jessica Corso

FirstEnergy Corp. is pursuing the Sixth Circuit's input into its request to shield internal investigative documents from a class of investors and from two of its indicted former executives, saying the documents contain privileged legal advice given in the wake of a $1 billion bribery scandal.

Memorandum attached | Read full article » | Save to favorites »

Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

Read full article » | Save to favorites »

AdTech Co. Faces Suit As Google's Cookie Support Crumbles

By Emilie Ruscoe

Advertising company Direct Digital Holdings Inc. faces a proposed investor class action alleging it mismanaged its response to an impending major technological change affecting how digital advertisers can target consumers.

Complaint attached | Read full article » | Save to favorites »

Apple Investor Again Seeks Green Light For $490M Settlement

By Emilie Ruscoe

An Apple Inc. investor has asked a California federal judge to revisit a $490 million settlement deal that would end claims the tech giant misled investors about iPhone sales in China, telling the court that it had addressed the judge's critique that parts of the relevant filings were "convoluted."

Brief attached | Read full article » | Save to favorites »

EMPLOYMENT & BENEFITS

FirstKey Sanctioned For Trying To Coerce Workers In OT Suit

By Spencer Brewer

A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."

Order attached | Read full article » | Save to favorites »

PNC, Loan Officers Ink $12M Deal In Rest Break Suit

By Henrik Nilsson

PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

Motion attached | Read full article » | Save to favorites »

DOL Says 11th Circ. 'Alone' In ERISA Internal Remedy Stance

By Emmy Freedman

The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.

Brief attached | Read full article » | Save to favorites »

Amazon Workers' $5.5M COVID Screening Deal Gets Initial OK

By Gina Kim

A California federal magistrate judge on Wednesday gave her preliminary blessing to a $5.5 million settlement Amazon agreed to pay to a class of 250,000 employees who accused the digital retail behemoth of failing to pay for time spent undergoing mandatory COVID-19 screenings before their shifts.

Order attached | Read full article » | Save to favorites »

Humana Defeats ERISA Challenge To Retirement Plan Fees

By Patrick Hoff

Humana Inc. defeated a class action claiming it failed to make sure its $6.5 billion employee retirement plan was paying reasonable administrative and recordkeeping fees, with a Kentucky federal judge ruling Thursday there was nothing wrong with how the insurance company oversaw the plan.

Order attached | Read full article » | Save to favorites »

Philly-Area Home Health Co.'s OT Settlement Gets First Nod

By Ryan Harroff

A Pennsylvania federal judge gave an early nod to a deal resolving a proposed class of nurses' overtime suit against a Philadelphia nursing home that allegedly failed to pay its in-home care workers the proper rates for overtime in violation of both state and federal wage laws.

Order attached | Read full article » | Save to favorites »

PRODUCT LIABILITY

Whirlpool Aims To Sink Fridge Wiring Defect Claims

By Mike Curley

Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.

Brief attached | Read full article » | Save to favorites »

CONSUMER PROTECTION

NC Top Court Finds Credit Union's Arbitration Add-On Is Valid

By Katryna Perera

The North Carolina Supreme Court on Thursday said a credit union can enforce an arbitration clause tacked on to a customer's contract at a later date, confirming a ruling by a lower appellate panel and requiring the customer suing the nonprofit over allegedly illegal overdraft fees to arbitrate her claims.

Opinion attached | Read full article » | Save to favorites »

ENERGY & ENVIRONMENTAL

Irma Power Outage Claims Must Be Brought To Fla. Regulator

By David Minsky

A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.

Opinion attached | Read full article » | Save to favorites »

INSURANCE

UBH Urges 9th Circ. To Take Up Petition In Health Claim Fight

By Kellie Mejdrich

United Behavioral Health implored the Ninth Circuit to grant the insurance company's petition for appellate court intervention in a consolidated action alleging mismanagement of mental health and substance use disorder treatment claims, arguing a California federal court clearly erred by allowing further pleadings on a denial of benefits claim.

Brief attached | Read full article » | Save to favorites »

BANKRUPTCY

Houston Law Firm Wants To DQ Creditors' Counsel In Ch. 11

By Daniel Connolly

Troubled MMA Law Firm PLLC is seeking to stop another firm from representing its bankruptcy creditors, arguing that MMA's principal had previously spoken with the other firm as a prospective client and had shared confidential information that now could be used against his firm.

Motion attached | Read full article » | Save to favorites »

SPORTS & BETTING

NCAA, Athletes Settle NIL Class Action Over Billions In Pay

By David Steele

The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.

Read full article » | Save to favorites »

NFL Says Unsolicited-Text Suit Belongs In Arbitration

By Elaine Briseño

The NFL wants to force into arbitration a lawsuit filed by a New York woman frustrated with her inability to stop unwanted text messages from the football organization, citing a binding agreement she consented to when registering to receive notifications about the 2023 draft.

Memorandum attached | Read full article » | Save to favorites »

NCAA Can't Move Colo. Athlete Pay Case

By Daniel Ducassi

A Colorado federal judge on Thursday rejected a bid by the National Collegiate Athletic Association and collegiate athletic conferences to move athletes' compensation allegations to California, where two similar cases are being heard, highlighting the choice by named plaintiffs to have their claims heard in Colorado.

1 document attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Opioid Suits Offer Case Study In Abatement Expert Testimony

Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

Read full article » | Save to favorites »

FTC Noncompete Rule Risks A Wave Of State AG Actions

The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

Read full article » | Save to favorites »

Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

Read full article » | Save to favorites »

DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

Read full article » | Save to favorites »

Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

Letter attached | Read full article » | Save to favorites »

Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

2 documents attached | Read full article » | Save to favorites »

McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

Motion attached | Read full article » | Save to favorites »

Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

Brief attached | Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

Read full article » | Save to favorites »

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »

Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

Read full article » | Save to favorites »

Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Abbott Cooper PLLC

Acosta & Associates

ArentFox Schiff

Armas Bertran Pieri

Baker & Hostetler

Barnes & Thornburg

Block & Leviton

Boies Schiller

Bragar Eagel

Brownstein Hyatt

Burnham & Gorokhov

Cafferty Clobes

Caldwell Carlson

Capozzi Adler

Chimicles Schwartz

Clifford Chance

Clyde & Co

Cohen & Malad

Connell Foley

Cooley LLP

Covington & Burling

Cranfill Sumner

Cravath Swaine

Crowell & Moring

DWF LLP

Dalton & Associates PA

Dapeer Law

Davidoff Hutcher

Davis Polk

DiCello Levitt

Dickie McCamey

Duane Morris

Elsberg Baker

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Foley & Lardner

Fox Rothschild

Fox Williams

Frank Weinberg & Black

Friedlander & Gorris

Gateley PLC

Gibbs Law Group

Gibson Dunn

Goldstein Borgen

Greenberg Traurig

Hagens Berman

Hamlins LLP

Hang & Associates

Harris St. Laurent

Heise Suarez

Hill Dickinson

Hiraldo PA

Hodges & Foty

Hogan Lovells

Holland & Knight

Horwich Farrelly

Howes Percival

JMW Solicitors LLP

Jones Day

K&L Gates

Kasowitz Benson

Katten Muchin

KaurMaxwell

Kendall Law Group PLLC

King & Spalding

Kirby McInerney

Kirkland & Ellis

Kobre & Kim

Korein Tillery

Labaton Keller

Larson King

Latham & Watkins

Levin Sedran

Lewis Roca

Lieff Cabraser

Marino Tortorella

Mayer Brown

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Migliaccio & Rathod

Motley Rice

Munger Tolles

Murray Murphy

O'Melveny & Myers

Okin Adams

Olson Grimsley

Orrick Herrington

Pallas Partners

Parmet PC

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Anderson

Potter Clarkson

Pryor Cashman

Psych-Appeal Inc.

Reed Smith

Robbins Geller

Robert D. Soloff PA

Robert Peirce & Associates

Robinson Bradshaw

Rosen Hagood

Saporito Falcone

Schlichter Bogard

Scott&Scott

Shutts & Bowen

Sidley Austin

Skadden Arps

Spector Roseman

Spencer Fane

Squire Patton

Sullivan & Cromwell

Swartz Swidler

Swift Currie

Troutman Pepper

Tucker Ellis

VanOverbeke Michaud

Vinson & Elkins

Walker and Patterson

Welsh & Recker

Wheeler Trigg

Wilkin Chapman

Wilkinson Stekloff

Williams & Connolly

Wills Law Firm PLLC

WilmerHale

Wilson Sonsini

Wimberly Lawson Steckel

Winebrake & Santillo

Winston & Strawn

Zuckerman Spaeder

deLeeuw Law

COMPANIES IN TODAY'S NEWS

3G Capital

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Alcoa Corp.

Amazon.com Inc.

Amneal Pharmaceuticals Inc.

Apple Inc.

Atlantic Coast Conference

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Barclays PLC

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

ByteDance Ltd.

CVS Health Corp.

Cardinal Health Inc.

Cboe Global Markets Inc.

Coinbase Global Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

Duke Energy Corp.

EMCOR Group Inc.

ESPN Inc.

Endo International PLC

Epic Games Inc.

Evolent Health Inc.

Ferrari SpA

FirstEnergy Corp.

FirstKey Homes LLC

Florida Power & Light Co.

Ford Motor Co.

Fordham University

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Gilardi & Company LLC

Glencore PLC

Google LLC

HSBC Holdings PLC

Humana Inc.

Icertis Inc.

Integrys Energy Group Inc.

Jubilee Holdings Ltd.

Knife River Corp.

LifeWallet

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

McKesson Corp.

McKinsey & Co. Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Meta Platforms Inc.

MilliporeSigma

Mondelez International Inc.

NBCUniversal Media LLC

NFL Enterprises LLC

National Collegiate Athletic Association

National Consumer Law Center Inc.

Norfolk Southern Corp.

OptumRx Inc.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

PetroChina Company Limited

Purdue Pharma LP

QBE Insurance Group Ltd.

Ryan LLC

SentinelOne Inc.

Snap Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Swissport International Ltd.

Tampa Electric Co.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The District of Columbia Bar

The New York Times Co.

The PNC Financial Services Group Inc.

TikTok Inc.

U.S. Chamber of Commerce

University of Virginia

Wells Fargo & Co.

Whirlpool Corp.

YouTube Inc.

Zuora Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Labor Statistics

California Labor and Workforce Development Agency

Centers for Disease Control and Prevention

Companies House

Delaware Court of Chancery

European Commission

European Union

Federal Bureau of Investigation

Federal Trade Commission

Florida Public Service Commission

Louisiana Department of Insurance

National Labor Relations Board

Ohio House of Representatives

Ohio Supreme Court

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth 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 Delaware

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

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

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

U.S. Environmental Protection Agency

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio

United States District Court for the Southern District of Ohio