Lawsuits Alleging Violations Of FLSA At An All-Time High

Lawsuits alleging violations of the Fair Labor Standards Act (FLSA) were at an all-time high for the year ending on March 31, 2012, according to a recent law firm study. Moreover, the wage and hour suits are up nearly 350 percent from the equivalent period ten years prior. According to the U.S. Department...

Latest Lawsuit Arising From Libor Scandal Has New York Bank Filing Class Action Against Libor-Setting Banks For Fraud

In the latest lawsuit to arise from the rapidly evolving Libor scandal, a New York bank has filed a purported class action in the Southern District of New York, seeking to recover damages from the U.S. Dollar Libor rate setting banks for fraud. The complaint, which was filed July 25, 2012 and which can...

Another Libor Scandal Antitrust Lawsuit Filed, This One on Behalf of Derivatives Investors

At the risk of sounding repetitive, I must report here that there has been yet another Libor-scandal related lawsuit filed in the Southern District of New York. The latest lawsuit, filed on July 30, 2012, purports to be filed on behalf of a class of investors who bought U.S. dollar Libor-based derivatives...

Parties In Tronox Securities Litigation Agree To Settle For $37 Million

According to papers filed in the Southern District of New York on August 3, 2012, the parties to the Tronox securities litigation have agreed to settle the case for a total of $37 million. As I noted at the time that this suit was first filed back in July 2009 ( here ), the case, which alleged that the...

D.C. Federal Judge Dismisses Carlyle Capital Securities Lawsuit

In an interesting opinion that includes among other things a noteworthy discussion of issues arising under the Morrison v. National Australia Bank case, one of the last securities suits filed as part of the ed credit crisis-related litigation wave has been dismissed. In an August 13, 2012 opinion ( here...

Florida Federal Judge Says Bank Directors Not Liable For Ordinary Negligence In Failed Bank Lawsuit

A federal court has ruled in the only FDIC failed bank lawsuit pending in Florida that directors cannot be liable for ordinary negligence under Florida law. On August 8, 2012, Middle District of Florida Judge Gregory Presnell granted the motion of the director defendants to dismiss the FDIC's claim...

New York Federal Judge Denies In Part Dismissal Motions Filed By U.S.-Listed Chinese Company In Securities Lawsuit

On August 24, 2012, in a decision involving a U.S.-listed Chinese company that is of particular interest because of the significance the court attached to the discrepancies between financial figures the defendant company reported to the Chinese government and the figures it reported to the SEC, Southern...

Plaintiffs In Subprime Mortgage-Backed Securities Litigation Win Substantial Victory

Many of the toxic mortgage-backed securities that were a key part of the subprime mortgage meltdown were sold in multiple separate offerings based on the same shelf registration statement but separate prospectuses. Each separate offering included multiple securities at varying tranches of seniority and...

$2.43 Billion BofA/ Merrill Lynch Merger Results In Largest Credit-Crisis Class Action Settlement

In what is by far the largest settlement of a credit crisis-related securities class action lawsuit, Bank of America has agreed to pay $2.43 billion to settle the suit filed against the company and certain of its directors and officers in connection with the bank's financial crisis-driven acquisition...

U.S. Chamber Proposes Legislative Solutions To M&A-Related Litigation

The growing problem of M&A-related litigation has been well-documented on this site (refer for example here ). The prevalence of M&A litigation has grown to the point that virtually every M&A transaction involves litigation, and often involving multiple lawsuits in multiple jurisdictions...

FDIC Files First Lawsuit As Part of Current Wave Against Failed Bank Accountants

On November 1, 2012, in what is the first lawsuit the FDIC has filed as part of the current bank failure wave against a failed bank's accountants, the FDIC, as receiver for the failed Colonial Bank, has filed an action in the Middle District of Alabama against Pricewaterhouse Coopers and Crowe Horwath...

Emergence Of Substantial Class Action Opt-Outs A Phenomenon In Securities Litigation

One of the more interesting story lines in the securities class action litigation arena in recent years has been the emergence of substantial class action opt-out litigation , whereby various claimants representing significant shareholder ownership interests select out of the class suit and separately...

Ernst & Young Settles Sino-Forest Securities Litigation Filed In Ontario For $117 Million

In what is by far the largest settlement in the current wave of securities litigation involving Chinese companies, Ernst &Young, which served as the outside auditor for Sino-Forest, has agreed to pay C$117 million to settle the securities suit that Sino-Forest investors filed in Ontario against the...

NERA Report Says Securities Lawsuits Settlements, Dismissals Down For The Year; Filings Steady

New securities class action lawsuit filing levels were comparable to historical norms during 2012, but the number of settlements and of dismissals were both down for the year, according to the analysis and projections of NERA Economic Consulting in their December 11, 2012 publication "Flash Update...

New York Federal Judge Dismisses Securities Suit Against U.S.-Listed Chinese Company

In a January 22, 2013 opinion ( here) , Southern District of New York Judge J. Paul Oetken has dismissed one of the many securities class action lawsuits that were filed against U.S.-listed Chinese companies in 2011. Though the primary interest in the case may be that it involves U.S. securities suit...

Pillsbury Winthrop: Proxy Season Brings 'Third Wave' Of Shareholder Litigation

The first wave of "say on pay" litigation involved lawsuits brought by shareholders following a negative advisory say on pay vote under the Dodd-Frank Act. The second wave of say on pay litigation , which picked up in 2012, involved plaintiffs' efforts to enjoin upcoming shareholder votes...

Cybersecurity Will Be Hot Button Issue For Affected Companies

I am sure many readers were disturbed as I was by the February 19, 2012 New York Times article reporting that a Chinese army unit apparently has been executing a concentrated cyber-hacking program targeting U.S. companies and critical U.S. infrastructure. (The report of consulting firm Mandiant that...

High Court Rules In Amgen Securities Class Action That Plaintiffs Not Required To Prove Materiality For Certification

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements are material as a prerequisite to class certification...

Securities Class Action Lawsuits Against Life Sciences Companies Rose In 2012

The number of securities class action lawsuits filed against life sciences companies rose in both absolute and relative terms in 2012, according to a March 20, 2013 memorandum by David Kotler of the Dechert law form entitled "Survey of Securities Fraud Class Actions Brought Against U.S. Life Sciences...

Cornerstone Report Says Securities Class Actions Involving Accounting Allegations Less Likely To Be Dismissed, Take Longer To Resolve

Securities class action lawsuits involving accounting allegations are less likely to be dismissed, take longer to resolve, and make up a much greater proportion of total securities suit settlement dollars than non-accounting cases, according to a new report from Cornerstone Research. The report, entitled...

The Economist Says Litigation Funders Posting 'Fat Returns'

Third-party litigation funding's moment may already be here, as I have previously noted . But just the same, it is a little surprising to find stories about litigation funding at virtually every turn, with stories over the weekend appearing, for example, in The Economist and in the Wall Street Journal...

Parties To Countrywide Mortgage-Backed Securities Lawsuit Suit Settle For $500 Million

In what is the largest settlement so far of an mortgage-backed securities class action lawsuit filed as part of the subprime and credit-crisis securities litigation wave, the parties to the consolidated Countrywide mortgage-backed securities suit pending in the Central District of California have agreed...

Cornerstone Research Report: Securities Suits ‘Depressed’ In Year's First Half

Securities class action lawsuit filings “remained at depressed levels” during the first half of 2013 according to the latest report from Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse. The report, entitled “Securities Class Action Filings: 2013...

2nd Circuit Enforces FLSA Class Action Waiver

Earlier this summer when the U.S. Supreme Court issued its opinion in Italian Colors v. American Express , in which the Court enforced a class action waiver in an arbitration agreement to compel the claimants to arbitrate their antitrust claims, the decision seemed likely to have widespread impact even...

Bankers' Professional Liability Insurance Does Not Cover Overdraft Fee Class Action Settlement

A recurring question under the management liability insurance protection that banks typically acquire is the extent of the protection afforded under their policies’ professional liability provisions. One particular question that often arises is whether the policy affords coverage for customers’...