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‘No tangible benefits’: N.Y. judge rejects Xerox shareholder class action deal

New York State Supreme Court Justice Barry Ostrager of Manhattan is not afraid to stir things up. In April 2018, you may recall, the judge – previously a longtime litigation partner at Simpson Thacher & Bartlett – issued a preliminary injunction to block Xerox from allowing a shareholder vote on a proposed merger with Fuji, holding that the deal was hopelessly tainted by Xerox board members’ conflicts. Justice Ostrager’s decision was effectively a death knell for the Xerox management

FTC’s comprehensive study finds median consumer class action claims rate is 9%

The Federal Trade Commission has just published a staff report on what it believes to be the most comprehensive study ever conducted on consumers’ response to class action settlements. Its marquee finding, after collating data on 149 consumer class actions from seven different claims administrators: The median claims rate in these cases is 9%. The weighted mean claims rate, which takes into account the number of class members who received settlement notifications, is 4%.

Should city governments have their own voice in data breach litigation?

We won’t know until November whether any of the scores of millions of consumers whose personal information was compromised in the 2017 Equifax data breach have a problem with a proposed $700 million settlement between the company, the federal government, state attorneys general and plaintiffs' lawyers. The deal, as you probably recall, would be the biggest-ever data breach settlement, but has nevertheless been criticized as inadequate, especially when a fund offering consumers a cash

Koch-founded charity asks for Supreme Court help to keep donor list secret

The Americans for Prosperity Foundation, a libertarian nonprofit founded by Charles and David Koch, filed a petition this week at the U.S. Supreme Court, asking the justices to review a 2018 ruling (903 F.3d 1000) by the 9th U.S. Circuit Court of Appeals that would require Americans for Prosperity and other California-registered charitable foundations to disclose their major donors to the California Attorney General.

Opioid marketing and the First Amendment: Oklahoma judge rejects J&J defenses

On Monday, as you’ve surely heard, Oklahoma state court judge Thad Balkman ruled after a months-long bench trial that Johnson & Johnson was responsible for stoking the state’s opioid abuse crisis. The judge determined that J&J’s “false and misleading” marketing of opioid products made the company liable under Oklahoma public nuisance law. He ordered J&J to pay $572 million to abate Oklahoma’s drug abuse crisis.

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