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23 Oct 2017, 4:22 pm by Kevin LaCroix
  Over the past several years, shareholder claimants have had only limited success with derivative lawsuits and securities class actions against companies’ directors and officers after cybersecurity incidents, such as a data breach. [read post]
23 Oct 2017, 1:21 pm by Christopher G. Ward
In the last few months, approximately two dozen opportunistic-looking class action lawsuits have been filed in Illinois based on such technical non-compliance, and while there is some reason to think these types of technical “gotcha” claims will not yield the penalties sought, most employers would certainly prefer to avoid class action litigation altogether rather than defend against even highly defensible claims. [read post]
23 Oct 2017, 11:06 am by Alan S. Kaplinsky and Mark J. Levin
 This excludes the cost of additional state court class actions, which the CFPB was unable to calculate but which we have estimated as adding another $2.6 billion to industry defense costs. [read post]
23 Oct 2017, 8:00 am by Michael B. Stack
  In order for any subrogation action to be successful, it is important to preserve physical evidence. [read post]
23 Oct 2017, 6:00 am by Josh Blackman
§ 1182(f) to deny entry to classes of aliens “in one or two sentences” or less. [read post]
23 Oct 2017, 4:00 am by Eric Turkewitz
Most people when they hear about “junk science” assume that plaintiffs’ attorneys are trying to fabricate some pseudo-science to make out a case, usually in the context of a novel class action theory. [read post]
22 Oct 2017, 7:30 pm by Chris Castle
Artists and songwriters have made great strides in getting their voices heard over the corporate insiders and crony capitalists in the connected class. [read post]
20 Oct 2017, 11:39 am by Mark Tabakman
In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful. [read post]
On appeal the Seventh Circuit reversed, stating: “A class action that seeks only worthless benefits for the class and yields [only] fees for class counsel is no better than a racket and should be dismissed out of hand. [read post]
20 Oct 2017, 4:30 am by Jon Hyman
Don’t Let The Meter Run On Your Non-Compete Agreement — via Delaware Non-Compete Law Blog Wage & Hour Wage and hour suits remain top concern for HR and in-house counsel — via HR Dive Time Study Kills Off-the-Clock Claim — via Employment Class Action Blog Sixth Circuit (Mostly) Approves Commission Plan With Recoverable Draw — via Wage & Hour Defense Blog 3d Cir: Pay Employees for Breaks Under… [read post]
20 Oct 2017, 4:30 am by Merritt Baer, Chinmayi Sharma
For example, as part of the fall-out from their data breach, and in addition to the class-action suits by consumers, Target settled with payment card companies including Mastercard for failure to comply with the PCI DSS standards. [read post]
18 Oct 2017, 6:38 am by Alan S. Kaplinsky and Mark J. Levin
  Contrary to Director Cordray’s remarks, the Senate vote is critical because tens of thousands of American businesses need clear and definitive guidance now on whether they need to prepare to be crushed by billions of dollars in defense costs that will go almost entirely to pay the fees of class action lawyers — while the average putative class member recovers an average of $32 if they are “lucky” enough to be in the 13% of… [read post]
17 Oct 2017, 9:01 pm by Michael C. Dorf
For example, in a 2016 decision, a panel of the US Court of Appeals for the Fourth Circuit held that strict scrutiny should apply to laws that burden the “use of a class of arms for self-defense in the home. [read post]
17 Oct 2017, 12:40 pm by davidruiz
And no “personnel actions” whatsoever can be ordered, actually, meaning no promotions or raises. [read post]
” --Question No. 2:  “Did Syngenta prove, by a preponderance of the evidence, its defense of a superseding cause, as set forth in Instruction No. 16? [read post]
” --Question No. 2:  “Did Syngenta prove, by a preponderance of the evidence, its defense of a superseding cause, as set forth in Instruction No. 16? [read post]
15 Oct 2017, 11:30 am by Gritsforbreakfast
" In a landmark suit in Tennessee, a federal judge recently ordered reinstatement of two people's driver's licenses, resulting from a class action lawsuit challenging the state's practice of suspending licenses for unpaid traffic fines.Why community corrections failHere's a good analysis of why community corrections fail. [read post]