Winning only half the battle as companies struggle to collect judgments, survey shows

Few companies collect all of the money they’re owed, forcing legal leaders to decide how much effort to put into going after losing parties.

By Robert Freedman • Sept. 20, 2023

Morgan Stanley faces $750M lawsuit over rail-line lending

Two private-equity firms accused the bank of breach of contract and fraud over the restructuring of a deal involving investments in a loan to high-speed rail operator Brightline Holdings.

By Gabrielle Saulsbery • Sept. 19, 2023

DOJ’s Kanter can stay on Google antitrust case, judge rules

But the Department of Justice should nevertheless “think about” having the case against Google’s ad-sales dominance led by someone else, a federal judge said.

By Robert Freedman • Sept. 18, 2023

Spirit Airlines curtails employee eligibility for FMLA leave, lawsuit alleges

A former flight attendant claimed the airline excluded most pre- and post-flight work time when calculating whether he and others met the law's hours-of-service requirement.

By Laurel Kalser • Sept. 13, 2023

Piracy websites at core of class action lawsuit against OpenAI

Plaintiffs accuse the generative AI company of going to websites that illegally make books available for free online to train its large language models.

By Robert Freedman • Sept. 12, 2023

Google lawyers in landmark antitrust case call DOJ’s approach flawed

The legal team defending the tech company cut its teeth going after Microsoft 25 years ago. It’s applied what it’s learned to try to inoculate Google from that previous line of attack. 

By Robert Freedman • Sept. 11, 2023

Third parties can be liable for employment discrimination, Calif. court rules

The California Supreme Court’s unanimous decision also has implications for employers who utilize outside providers to assist with the hiring process.

By Lyle Moran • Sept. 11, 2023

Disney scales back its federal lawsuit against DeSantis

The company’s amended complaint focuses solely on allegations the governor and other Florida officials violated its First Amendment rights to oppose controversial legislation.

By Lyle Moran • Sept. 8, 2023

Amazon case could test FTC chair Khan’s sweeping antitrust thesis

Lina Khan’s 2017 paper, Amazon’s Antitrust Paradox, is a blueprint for how the FTC may try to punish the ecommerce giant for using its online infrastructure to dominate competitors.

By Robert Freedman • Sept. 6, 2023

Jury awards $36M to deaf truck driver denied job due to disability

A Werner Enterprises executive told the plaintiff he would not be hired because he could not hear, despite his application being pre-approved, EEOC alleged.

By Ryan Golden • Sept. 6, 2023

Judge in Southwest case doubles down on religious liberty training order

U.S. Judge Brantley Starr said the training from a Christian legal advocacy group was “more necessary now than ever before.”

By Lyle Moran • Sept. 6, 2023

New Balance files infringement complaint against Golden Goose over dad shoes

The athleticwear giant is taking ownership of its previously uncool style by targeting what it claims are copycat designs.

By Lara Ewen • Sept. 5, 2023

Google trying to depose DOJ’s Kanter in antitrust defense

The company says it needs to hear from the federal official to show he has a bias against the company but the agency says it’s irrelevant to the case against its ad-server dominance. 

By Robert Freedman • Sept. 1, 2023

Plaintiffs counsel ordered to disclose litigation funders in 3M earplug settlement

The judge overseeing the record $6B defective product deal wants to know if counsel and lenders stand to gain financially at servicemembers’ expense.

By Robert Freedman • Aug. 31, 2023

3M settles largest mass tort case ever

The $6 billion deal ends roughly 260,000 lawsuits filed by service members who say the company knew earplugs made by its subsidiary could expose them to hearing loss.

By Robert Freedman • Aug. 28, 2023

JetBlue says price hike in botched redaction not what it seems

Counsel didn’t properly block out information, revealing details that conflict with the airline’s assurances fares wouldn’t rise if it gets the go-ahead to buy Spirit Airlines.

By Robert Freedman • Aug. 25, 2023

Director who performed nonexempt work for 80% of his workday ruled FLSA exempt

The amount of time spent performing certain work “can be a useful guide” in determining exempt status, but time alone “is not the sole test,” according to the FLSA’s regulations.

By Ryan Golden • Aug. 24, 2023

E&O bodily harm exception not as tight as policy might suggest

If the proximate cause is a professional services failure, the insurer might be obligated to pay a claim despite a clearly worded exclusion.

By Robert Freedman • Aug. 24, 2023

Google’s antitrust legal battle: Lessons from document preservation failures

The importance of understanding and abiding by the legal implications of document preservation in the face of litigation cannot be overstated.

By Andreas Mueller • Aug. 18, 2023

Judge in Southwest Airlines case faces misconduct complaint

The leader of Fix the Court said a federal judge ordering three Southwest lawyers to participate in religious liberty training “sets a dangerous precedent.”

By Lyle Moran • Aug. 18, 2023

Google to pay $8.4 million in overtime settlement

The employer allegedly calculated overtime pay rates incorrectly for workers, thereby shorting staff of wages. In 2018, it paid $5.5 million to settle a different overtime suit.

By Caroline Colvin • Aug. 15, 2023

D&O insurers’ effort to use ‘bump-up’ exclusion faltering

In a key case, policyholders succeeded in getting insurers to cover claims despite policy language excluding “inadequate or effectively decreased” amounts because of ambiguous language. 

By Robert Freedman • Aug. 15, 2023

SEC cyber rule opening can of worms over insurance coverage

Required disclosures could prompt more lawsuits as plaintiffs leverage what companies file with the agency, driving an increase in insurance exclusions, industry experts say.   

By Robert Freedman • Aug. 14, 2023

Why California AG, privacy agency appealed enforcement limits

The government entities argue that a judge’s ruling thwarted the will of voters and gives businesses freedom to violate key privacy protections.

By Lyle Moran • Aug. 11, 2023

Southwest religious training order called ‘well within court’s power’

Naming a religious-freedom group to educate the airline’s in-house lawyers isn’t different than orders directing civil rights groups to conduct training, a law professor says.  

By Robert Freedman • Aug. 11, 2023