Plaintiffs Notch a Win in COVID Tuition Litigation: The Morning Minute
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March 09, 2022 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
COURSE CHANGE - Lawsuits alleging colleges and universities breached contracts by switching to online learning during the pandemic while charging in-person tuition have been on what you might call a "Ross and Rachel" trajectory—first they were on, then they were off and now they're on again. As Law.com's Avalon Zoppo reports, the U.S. Court of Appeals for the D.C. Circuit has revived lawsuits that students filed against American University and George Washington University. Claims that the schools broke implied promises to offer in-person education and on-campus services in exchange for tuition and some fees can go forward, the panel held. The D.C. Circuit's ruling could be a sign that courts are becoming more receptive to arguments in these cases.
VALUES PROPOSITION - A handful of firms are reevaluating their operations in Russia after the country's invasion of Ukraine, but these decisions are not as clear cut as some might hope. Legal analysts told Law.com's Andrew Maloney that the calculus for Big Law firms on the matter is a mix of routine considerations, such as talent acquisition, public perception and profitability and much weightier ones, such as ethical obligations, employee security and the rule of law. Peter Zeughauser, the chair of Zeughauser Group legal consultancy, said not only is safety a concern for employees in Russia, but their livelihood as well. He said the considerations for Big Law leaders start with and ultimately hinge on firm values. "If you close the office, they lose their job. So you're cutting off their livelihood. These are people we have no reason to fire or lay them off other than a war, and many of them may oppose the war," he said. "And so, do we have some kind of responsibility to these people? It goes back to that values issue."
SEARCH AND DESTROY? - Hausfeld, Keller Lenkner and other lawyers filed a class action against Google on Tuesday in California Northern District Court on behalf of restaurants who allege that the company deceptively manipulates search engine results for profit. The case, brought on behalf of restaurant operators, contends that Google sells user inquiries to third-party food delivery companies without the restaurants' consent. The complaint also accuses Google of engaging in a "bait-and-switch" scheme in which the search engine adds an "order online" button just below a restaurant's tradename, misleading consumers to believe that the button will direct them to the restaurant but instead bringing them to an unauthorized page designed to increase orders and clicks for Google's financial benefit. Counsel have not yet appeared for the defendant. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
In 3 1/2-Hour Hearing, Lawyers for Eastman, Jan. 6 Panel Debate Attorney-Client Privilege, Crime-Fraud By Meghann Cuniff LSAC: Applicant Data Dipped, 'But Numbers Aren't Down That Much' By Christine Charnosky War in Ukraine: Tracking the Conflict's Reverberations Across The Legal Industry By Law.com and Law.com International Staff In Testimony, Ghislaine Maxwell Juror Denies That He Misled in Order to Be Seated at Trial By Tom McParland 'Decrepit Roadside Zoo' Ordered to Pay PETA $1.2M in Attorney Fees By Allison Dunn|
WHILE YOU WERE SLEEPING
FIGHTING BACK - When Vladimir Putin first started talking about invading Ukraine, local law firms with offices in Russia shut their operations down. When Russia invaded Ukraine a little over two weeks ago, local firms severed ties with Russian clients and called on foreign businesses and law firms to do the same. Now, as Law.com International's Linda A. Thompson reports, more than two weeks into Russia's invasion, law firms have completely ceased their normal operations and are instead wielding their network of international business contacts to funnel military, logistic and financial resources into the country, as well as helping clients and civil society gather evidence of war damages and potential war crimes. "It's our country, we have to protect it," said Timur Bondaryev, founder and managing partner of the leading Ukrainian independent firm Arzinger. "Therefore, everybody's doing what he or she is best fitted for."
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WHAT YOU SAID
"No one cares how much you know until they know how much you care. Demonstrating that you care about people, their families, and their work will let them know that you are truly invested in them."
— James Ray, partner at Munsch Hardt in Austin, on the key to successful business development.
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Who Got The Work
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.
Who Got The Work
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.
Who Got The Work
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.
Who Got The Work
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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