NY Bar Moves Closer to Nixing Mental Health Qs, Federal Judge OKs Trick-or-Treating, Data Breach Bucks: The Morning Minute
Here's the news you need to start your day.
October 31, 2019 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
INQUIRING MINDS – The New York State Bar Association's governing body is set to consider this weekend whether to recommend the removal of inquiries about an applicant's mental health from future applications for admission to the state bar. Dan M. Clark reports the possible change comes after a bar working group was formed earlier this year to look into whether inquiries into applicants' mental health deters them from seeking treatment.
SIGNS - A federal judge in Georgia has called a halt to a county sheriff's plans to place warning signs for trick-or-treaters in front of the homes of people on the state's sex offender registry. R. Robin McDonald reports that Judge Marc Treadwell based his decision on First Amendment grounds, ruling that people who display signs in front of their homes likely intend to convey that the message is endorsed by them.
PAY DAY – Remember the $1.4 billion Equifax data breach settlement last summer? A bunch of plaintiffs lawyers do, and they're asking a judge for $77.5 million in attorney fees. Amanda Bronstad reports that lawyers from 13 firms appointed to the MDL say their fee request is reasonable given that it represents less than about 20% of the $380.5 million cash fund and only 5.6% of the settlement when including the other benefits to the class.
SUBPOENA FIGHT – Lawyers for the U.S. House and for an impeachment inquiry witness are set to appear in a D.C. court this afternoon before U.S. District Judge Richard Leon to hash out procedural issues in a dispute pitting a congressional subpoena against President Trump's demands the witness not testify. Charles Cooper of Washington's Cooper & Kirk represents the witness Charles Kupperman, a former Trump national security official. Cooper also represents John Bolton, whom the House wants to hear from on Nov. 7.
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EDITOR'S PICKS
Buckley Hits Back in Insurance Fight Sparked by Founder's Exit
'On the Verge of Tears': Jurors Were Caught Off Guard By J&J Talc Mistrial
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WHILE YOU WERE SLEEPING
GEARING UP – Erin Brockovich-backed plaintiff firm Shine Lawyers is investigating what it says would be Australia's largest class action on behalf of residents throughout Australia whose properties have been contaminated with the toxic firefighting foam PFAS. Christopher Niesche reports that the firm estimates up to 40,000 people live in communities affected by these chemicals.
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WHAT YOU SAID
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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