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FLSA class actions: recent Seventh Circuit decision points to merger of certification standards

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 9 2013

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action

Hannaford data breach class action certification: denied

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 2 2013

Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot

Court decision in Sony PlayStation data breach case places burden on plaintiffs to allege actual damages

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 17 2012

Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the breach

Theft of employee data from third-party vendor exposes employer and vendor to privacy class action

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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August 2 2012

A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power in order to administer a discount purchasing program offered to Winn-Dixie employees

LinkedIn password theft results in class action lawsuit

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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June 20 2012

Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court

No harm, no foul? First Circuit departs from trend narrowing Chapter 93A injury requirement, reverses dismissal of claim arising from failed price-fixing conspiracy

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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June 4 2012

State unfair competition laws can sometimes provide a vehicle to permit consumers to bring certain types of claims arising from violations of the Sherman Act for example, indirect purchaser price fixing claims that such consumers might otherwise lack standing to bring

The cost of HIPAA non-compliance $17 million

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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March 19 2012

If it wasn’t clear before, a recent settlement of HIPAA claims brought by the Department of Health and Human Services against BlueCross BlueShield of Tennessee (“BCBST”) underscores the high regulatory cost of non-compliance with privacy requirements

Recent Second Circuit decision invalidating class action waiver highlights actions by lower courts to limit and distinguish AT&T Mobility, LLC v. Concepcion

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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February 21 2012

The Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the validity of class arbitration waivers in consumer contracts, was initially viewed as a serious blow to the continued viability of consumer class actions

District court allows trial on whether a below cost but competitively bid arrangement can lead to a kickback violation

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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February 16 2012

The recent decision by a federal court judge in Mississippi to deny defendants’ motion for summary judgment in United States ex rel. Jamison v. McKesson rejected a well-established defense to claims that competitively procured arrangements for goods and services constituted “remuneration” for purposes of the Anti-Kickback Statute (“AKS”

New Seventh Circuit decision endorses heightened scrutiny of experts at class certification stage while potentially lowering the bar to the predominance element at class certification

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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January 26 2012

In the health care antitrust world, the Federal Trade Commission (FTC) Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important government enforcement benchmark

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