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|Judge in Target Data Breach Litigation Declines to Block MasterCard Settlement|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 22, 2015, previously published on May 8, 2015Senior U.S. District Court Judge Paul Magnuson issued an order on Thursday, May 7 denying a request by counsel for card issuer banks to enjoin the settlement of data breach related claims negotiated between Target and MasterCard. As we have previously reported, the proposed settlement would...
|Class Action Recovery - A Changing Landscape|
Peter M. Saparoff; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 21, 2015, previously published on May 14, 2015In the context of our representation of institutional investors, our experience reveals that they have been confronting an increasingly difficult process in recovering their losses from alleged violations of securities laws.
|Motion to Sever Denied as Opt Out Alternative by Judge Swain of the Southern District of New York|
Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 21, 2015, previously published on May 14, On March 19, 2015, in what can be characterized as terse and sternly worded Memorandum Order (the “Order”), Judge Swain of the Southern District denied a Motion to Sever Individual Claims (the “Motion to Sever”) filed by three funds managed by D. E. Shaw & Co (the...
|NLRB Holds Firm on its View that Class/Collective Action Waivers in Arbitration Agreements Violate the NLRA|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 21, 2015, previously published on May 11, 2015Despite overwhelming judicial disapproval, the NLRB simply will not relent in its view that mandatory arbitration agreements containing class/collective action waivers violate the National Labor Relations Act.
|Data Breach Class Action Plaintiffs Lack Standing|
Sutherland Asbill Brennan LLP;
May 18, 2015, previously published on May 15, 2015A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015).
|The Preliminary Merits Test for Secondary Market Claims is Not Just a ¿Speed Bump¿ to Certification: The Supreme Court of Canada Clarifies the Test with its Decision in Theratechnologies Inc. v. 121851 Canada Inc.|
David T. Neave, Rebecca R. von Rüti; Davis LLP;
May 12, 2015, previously published on May 5, 2015Following amendments made in the last decade to various provincial Securities Acts to include statutory causes of action in the secondary market against public issuers for misrepresentation and/or failure to make timely disclosure to investors there has been ongoing debate about the appropriate...
|Reflective Loss, Trusts and Australian Class Action Settlements|
John Emmerig, Greta Gingell, Michael Legg; Jones Day;
May 8, 2015, previously published on April 2015In 2008, the value of units of the MFS Premium Income Fund (the “Fund”), a property trust, diminished in value following the tightening in credit markets as a result of the global financial crisis.
|Sprint Settles for $131 Million in Shareholder Class Action|
May 7, 2015, previously published on April 9, 2015On March 30, 2015, Motley Rice attorneys, along with co-counsel, helped secure a $131 million settlement with Sprint for institutional investors. The plaintiffs - United Steelworkers' Pace Industry Union-Management Pension Fund, Skandia Mutual Life Insurance Company and the West Virginia Investment...
|Third Circuit Weighs in on Application of Daubert at Class Certification Stage|
Ira Neil Richards, Keith E. Whitson; Schnader Harrison Segal & Lewis LLP;
April 28, 2015, previously published on April 2015Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did not, however, articulate what standard should be applied in evaluating...
|The Supreme Court On Screening Out Strikes Suits In Secondary Market Disclosure Class Actions|
David Di Paolo, James Gibson; Borden Ladner Gervais LLP;
April 24, 2015, previously published on April 21, 2015On April 17, 2015, the Supreme Court released its decision in TheratechnologiesInc. v. 121851 Canada Inc., 2015 SCC 18: (http://canlii.ca/t/gh76z) addressing two important issues in secondary market disclosure actions. First, how strong a case does the plaintiff have to show to obtain leave to...