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5th Circuit nixes ex-NBA star’s $1.5 mln BP spill claim - because he didn't lose any money

Remember a few years back when the oil company BP was desperately trying to wriggle out of its own class action settlement with purported victims of the Deepwater Horizon oil spill? BP contended that settlement administrators had misconstrued the terms of the deal and were signing off on millions of dollars of unwarranted claims. The oil company brought in Gibson Dunn & Crutcher and conducted an ad blitz portraying itself as the victim of vulturous plaintiffs' lawyers, but it was all for naught.

Opioids MDL judge ousts ex-prosecutor from two cases against Endo

U.S. District Judge Dan Polster ruled Wednesday that former Cleveland U.S. Attorney Carole Rendon, now in private practice at Baker & Hostetler, may not represent the pharmaceutical company Endo in two cases in the multidistrict litigation accusing opioids defendants of sparking the opioid crisis by misrepresenting the addictiveness of prescription painkillers.

Nevada lawmakers to consider fee shifting in shareholder litigation

In a clear effort to differentiate Nevada from Delaware as a haven for incorporation, state senator Yvanna Cancela introduced a bill Monday that would allow companies incorporated in Nevada to force shareholders to bear defense costs in unsuccessful litigation over M&A transactions, as long as the deals have been approved by a shareholder majority. The bill would also authorize state officials to issue rules encouraging plaintiffs' lawyers to indemnify shareholders against exposure t

New suit accuses Cravath of abetting Fresh Market directors' breach of duty

Plaintiffs' lawyers from Friedlander & Gorris and Robbins Geller Rudman & Dowd have accused Cravath Swaine & Moore of aiding and abetting an alleged breach of duty by board members of the Fresh Market, which was acquired by the private equity fund Apollo for $1.4 billion in 2016. Shareholders leveled their accusations against Cravath in an amended class action complaint filed last week in Delaware Chancery Court.

A Rorschach test on equal pay and workplace sex discrimination

Earlier this week, U.S. District Judge John Lee of Chicago issued a summary judgment opinion in an advertising sales executive’s equal pay and sex discrimination case against Gannett, the publisher of USA Today. I’m not going to tell you yet how the judge ruled. That’s because, as I read Gannett’s summary judgment brief and the ad rep’s opposition – which, because this was summary judgment briefing, are based on undisputed facts – it occurred to me that the case is a revealing test o

Government officials put opioid defendants in a squeeze over confidentiality

Confidentiality battles are becoming a hallmark of the litigation by cities and states suing pharmaceutical companies for allegedly sparking the opioid crisis by falsely representing the addictiveness of their products to patients and physicians. The pharmaceutical companies that make and sell opioids, which dispute the very premise of the false marketing claims, don’t want their internal documents to become public. That’s no surprise. Corporate defendants inevitably fight – and freq

SEC commissioner Peirce signals shareholder arbitration is not dead yet

Despite the apparent determination of Securities and Exchange Commission Chairman Jay Clayton to avoid the issue of mandatory shareholder arbitration, the controversy over whether public companies can require investors to give up their right to sue under federal securities laws just won’t die. This week, SEC Commissioner Hester Peirce signaled in a speech to the Council of Institutional Investors that she would support a corporate mandatory arbitration clause, arguing that institutio

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