Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). The company, which agreed to plead guilty to criminal charges, is accused of illegally promoting its popular antidepressants Paxil and Wellbutrin as well as failing
Second Circuit Reaffirms Refusal to Enforce Class Action Waiver
February 13, 2012
by Bethany Turke, Associate
Earlier this month, the Second Circuit Court of Appeals reaffirmed its prior holding that a class action waiver was unenforceable where it effectively precluded plaintiffs from vindicating their federal statutory rights. In re Am. Express Merchants’ Litig., No. 06-1871, 2012
Bifurcated Discovery in Class Actions: Two Reasons Why it Doesn’t Work
October 19, 2011
by Amy Keller, Associate
A common weapon in class action defendants’ arsenals is the motion to “bifurcate” discovery, splitting the process into two phases: first, discovery as it relates to the elements of Federal Rule of Civil Procedure 23 and whether a class may
What’s Wrong With THIS Picture? Emasculating the SEC is NOT Good for the Country
June 23, 2011
by Ken Wexler, Founder and Managing Partner
I picked up the Financial Times this morning. Like the Wall Street Journal, it has a series of short paragraphs (blurbs) in a column on the left-hand side of the first page. The top one was headlined: “Tennessee Bank Agrees
Strict Construction My Eye: Supreme Court Blows by Seventh Amendment
June 22, 2011
by Ken Wexler, Founder and Managing Partner
On June 20, 2011, the United States Supreme Court took another sledgehammer to the right to a jury trial guaranteed by the 7th Amendment to the United States Constitution. Maybe sledgehammer is too strong of an image, because in reality,
Ever Heard of Swipe Fees? It’s Time to Start Paying Attention
June 16, 2011
by Ian Barlow, Associate
For the past several weeks, our nation has been fixated on the actions of Congressman Anthony Weiner (D-N.Y.) and his lurid Twitter postings to six young women. To be sure, these are the ingredients of tabloid hysteria and fodder for
A Few Words on Contingent Fees
April 29, 2011
by Dawn Goulet, Associate
Black’s Law Dictionary defines a contingent fee as “[a] fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court … Contingent fees are usually calculated as a percentage of the client’s
Minimum Wage Class Action Case Against Pizza Hut Franchisee
April 28, 2011
by Ji Sook Yim, Editor
A U.S. District Judge has certified a class of pizza delivery drivers under the Fair Labor Standards Act. Drivers employed at 1,135 Pizza Hut stores in 28 states employed within 3 years of March 28, 2011 are eligible plaintiffs, which brings
Seventh Circuit Clarifies Pleading Standard for Antitrust Collusion
April 06, 2011
by Justin Boley, Associate
There has been little consistency between courts when it comes to addressing the scope and application of the Twombly[1] pleading standard in the context of allegations of antitrust collusion. The Supreme Court’s successor case, Iqbal,[2] did very little to clarify
Former Colonial Bank Exec Admits Role in Fraud Scheme
April 05, 2011
by Ji Sook Yim, Editor
Catherine Kissick, former senior vice president at Colonial Bank, pleaded guilty to a conspiracy that defrauded about $970 million from investors and the government. She faces up to 30 years in prison for her role in the fraudulent scheme. Kissick
