“Apple will have to face a lawsuit claiming the tech giant fraudulently concealed decreased demand for iPhones, leading to tens of billions of dollars in shareholder losses,” reports Ryan J. Farrick in Legal Reader’s Lawsuits & Litigation.

“According to Reuters, U.S. District Judge Yvonne Gonzalez Rogers trimmed the lawsuit’s scope substantially. But she maintained that shareholders may still sue Apple over Tim Cook’s comments about the iPhone’s robust performance during a November 1^st analyst call.”

“The lawsuit takes particular issue with Cook’s claim that the iPhone was faring well in China through the fourth quarter of 2018, even though sales were struggling due to political tensions.”

“In her ruling, Gonzalez Rogers found it ‘implausible’ that Apple’s chief executive would not know that iPhone demand was dropping in China—especially when, days after the call took place, Apple instructed its largest manufacturers to slow iPhone production.”

Read the article.

A $5B lawsuit “accuses Google parent company Alphabet Inc. of quietly amassing data about what people do online and what sites they visit while in the private browser mode, ” reports Andy Meek in BGR’s Tech.

“Google promises consumers that they can ‘browse the web privately’ and stay in ‘control of what information [users] share with Google.’ To prevent information from being shared with Google, Google recommends that its consumers need only launch a browser such as Google Chrome, Safari, Microsoft Edge, or Firefox in ‘private browsing mode.’ Both statements are untrue.”

“In fact, the language in the suit continues, when users take either or both of those steps, the company ‘continues to track, collect, and identify their browsing data in real-time, in contravention of federal and state laws on wiretapping and in violation of consumers’ rights to privacy.'”

“The size of the proposed class of plaintiffs this action could include numbers in the ‘millions,’ according to the suit, which also seeks at least $5,000 in damages per user for violations of California privacy laws as well as federal wiretapping statutes.”

Read the article.

“A Biglaw firm finds itself the defendant in a lawsuit over an issue a lot of folks feel right now — late rent,” reports Kathryn Rubino in Above the Law’s Biglaw.

“According to the lawsuit, filed in Illinois, the Biglaw firm of Jenner & Block is behind on its rent for the firm’s Chicago office. Landlord Hart 353 North Clark LLC, affiliate of global real estate investment management firm Heitman LLC, said in a lawsuit filed May 20th in Cook County Circuit Court the firm owes $3,726,415.74, plus late fees and interest, for its 416,000+ square feet of office space.”

“But not so fast, the firm contends their lease provides an out. Randy Mehrberg, co-managing partner, that the firm’s partners are availing themselves of a provision in their lease agreement that provides rent abatement if the space cannot be used as intended. And he assures everyone this rent dispute is not a harbinger of financial troubles for the firm.”

Read the article.

Agreement ensures funds will benefit victims of opioid epidemic 

 TYLER, Texas – A landmark agreement between the Texas Attorney General’s office and a group of Texas counties and cities impacted by the country’s opioid epidemic paves the way for future settlement money to be directed to rural communities battling the crisis, lawyers with Tyler-based Martin Walker said Friday. 

 “This agreement is historic in that combining efforts with the Texas Attorney General’s office strengthens our position immensely and gives us one united and powerful voice,” said Martin Walker attorney Reid Martin. “But it also allows us to learn the lessons of settlements past. After the Big Tobacco settlement in the 1990s, we saw that many of the funds never made it to those who needed it most. This agreement will prevent that from happening. We know that the money will go to fund opioid addiction treatment, help impacted communities and ultimately save lives.” 

The Martin Walker legal team represents 29 counties in opioid litigation in Texas, most in east and northeast Texas. 

Under the agreement announced by Texas Attorney General Ken Paxton, state and county representatives will be included in all negotiations currently underway with opioid drug distributors and manufacturers. In the event of a settlement, the agreement creates an allocation structure that guarantees state and local governments will each receive a 15 percent share of the funds. The remaining 70 percent will be administered by the Texas Opioid Council to be dispersed to treatment programs operated by 20 regional health care partnerships across Texas. 

“This agreement is the result of years of hard work, and we are proud to see that our own Smith County has held a leadership role in the negotiations,” said Martin Walker attorney Jack Walker. “This agreement ensures that Tyler’s medical facilities, which serve all of East Texas, will get the funds they need to help in the fight against opioid addiction.”  

 Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability.

For more information visit Martin Walker Law

“Investors suffering losses from Bayer’s Roundup legal woes are finally seeing a light at the end of the tunnel, as the German conglomerate is said to be nearing a final settlement that could put tens of thousands of lawsuits behind it,” reports Angus Liu in FiercePharma’s Pharma.

“Bayer has reached verbal agreements with a large proportion of about 125,000 U.S. plaintiffs who allege Roundup causes cancer as part of a $10 billion plan to end all legal claims around the weedkiller, Bloomberg reported, citing people familiar with the negotiations.”

“Wrapping up the legal battle at $10 billion would be a win for Bayer, as it has lost $30 billion in market value since the Monsanto buyout, through which it inherited Roundup.”

“So far, Bayer has lost all three trials that ended with combined $191 million in damages, though the company is still fighting them in appeals court.”

Read the article.

“In a landmark acknowledgment of the toll that content moderation takes on its workforce, Facebook has agreed to pay $52 million to current and former moderators to compensate them for mental health issues developed on the job. In a preliminary settlement filed on Friday in San Mateo Superior Court, the social network agreed to pay damages to American moderators and provide more counseling to them while they work,” reported Casey Newton in The Verge’s Tech.

“Each moderator will receive a minimum of $1,000 and will be eligible for additional compensation if they are diagnosed with post-traumatic stress disorder or related conditions. The settlement covers 11,250 moderators, and lawyers in the case believe that as many as half of them may be eligible for extra pay related to mental health issues associated with their time working for Facebook, including depression and addiction.”

“In September 2018, former Facebook moderator Selena Scola sued Facebook, alleging that she developed PTSD after being placed in a role that required her to regularly view photos and images of rape, murder, and suicide. Scola developed symptoms of PTSD after nine months on the job. The complaint, which was ultimately joined by several other former Facebook moderators working in four states, alleged that Facebook had failed to provide them with a safe workspace.”

Read the article.

“The state Public Utilities Commission on Thursday approved a $1.9 billion settlement with PG&E that allows it to get credit for wildfire prevention spending while at the same time escape being fined $200 million over regulatory violations stemming from two years of massive wildfires,” reports Jaxon Van Derbeken in NBC Bay Area’s Investigative.

“The unanimous vote came after PG&E challenged the findings of a regulatory judge who urged that the company be fined on top of having to pay a total of $1.9 billion in improvements and upgrades.”

“In advocating for the no-fine deal, Commissioner Clifford Rechtschaffen reminded his colleagues about the devastation associated with 15 fires tied to the utility’s equipment in 2017 and 2018. ‘For the victims of the fire … the damage, the pain and the trauma is ongoing,’ he said.”

Read the article.

“Four of America’s biggest banks have been accused of harming thousands of coronavirus-hit small businesses by unfairly prioritizing emergency loan requests from large customers to earn fatter fees,” reports Matt Egan in CNN Business.

“BAC, Wells Fargo, JPMorgan Chase and US Bank were sued Sunday for allegedly failing to process forgivable loans in the $349 billion Paycheck Protection Program (PPP) on a first-come first-served basis.”

“Each bank ‘concealed from the public that it was reshuffling the PPP applications it received and prioritizing the applications that would make the bank the most money,’ each of the four lawsuits said.”

“As a result of this ‘dishonest and deplorable behavior,’ the lawsuit said thousands of small businesses ‘were left with nothing’ when PPP ran out of money earlier this month.”

“The legal action was brought by a range of California small businesses, including a frozen yogurt shop, law firms, an auto repair company and a cybersecurity firm.”

Read the article.

“The Unites States District Court for the Northern District of California recently found that 10b-5 litigation regarding Elon Musk’s tweets could move forward after reviewing a motion to dismiss in In Re Tesla Inc. Securities Litigation,” discusses Steve Quinlivan in Dodd-Frank’s Litigation blog.

“Mr. Musk famously tweeted ‘Am considering taking Tesla private at $420. Funding secured.’ Mr. Musk later responded to comments related to his tweet and also posted new tweets on the subject. Tesla’s Senior Director of Investor Relations received three e-mails inquiring about Mr. Musk’s tweets. One response given was ‘I can only say that the first Tweet clearly stated that ‘financing is secured.’ Yes, there is a firm offer.'”

“The Court rejected the defendants’ argument that the tweet was not false and misleading. Among other things, the Court found even if the entire tweet is deemed an opinion about the future funding, that would not insulate the tweet from scrutiny; a statement of opinion can be deemed misleading if it conveys facts, and this is especially so when the opinion contains highly specific facts—e.g., here, the specific price of $420. Because Mr. Musk, the CEO of Tesla, included the highly-specific price of $420 at which shares would be bought for the going-private transaction, and because his tweet followed with “funding secured,” a reasonable investor would have interpreted it as something more than a speculative amorphous opinion about future possibilities. Instead, it can be read as implying a more concrete state of affairs.”

Read the article.

“After a public dispute with the White House about exporting N-95 masks, 3M is turning to trademark law to help combat impressions that it is price-gouging at home … reported earlier this week on 3M’s lawsuit against Performance Supply, a New Jersey company that offered to sell 3M masks to New York City for 500-600% of 3M’s list price. Shortly after filing that complaint, 3M also sued a Utah company for similar activities in the Eastern District of California,” reports Kimberly Maynard in Frankfurt Kurnit Klein + Selz’s IP & Media Law Updates.

“In the second complaint, 3M alleges that Rx2Live, LLC contacted Community Medical Centers, Inc. (“CMC”), a healthcare provider based in Fresno, offering to sell 3M-branded N95 masks at 400-500% of the 3M list price (with a minimum purchase of 10 million masks).  Rx2Live invoked the 3M name multiple times, stating that the masks were “direct from 3M” and that “3M requires payment in full before order can be placed.”  According to 3M, neither of these statements is true.  The case is 3M Company v. Rx2Live, LLC, 1:20-cv-00523.”

“As with the Performance Supply lawsuit, 3M does not allege that Rx2Live sold counterfeit products, placed the 3M marks or a colorable imitation thereof on its own masks, or sold “gray market” goods (i.e., 3M-branded products manufactured for sale outside the U.S. and improperly imported and sold in the U.S.).  It is unclear from the complaints if the defendants are reselling authentic 3M masks they previously purchased, albeit at an unconscionable price.  While price-gouging is illegal, it is not prohibited by the Lanham Act.  In fact, the first-sale doctrine expressly allows consumers to resell unaltered, branded products and to advertise them as such.”

Read the article.

“Biglaw is an industry-specific nickname for high-revenue law firms with large headcounts. It can also refer to smaller firms that pay their lawyers a market rate salary, or even a medium-sized outfit with wide, international reach and notoriety,” writes Joshua Holt in Law Fuel’s blog.

“All of these types of firms are typically headquartered in major US cities, like Los Angeles, New York, and Chicago, with multiple branches in smaller markets. And, most notably, lawyers who work in Biglaw can expect to be paid based on the Cravath scale.”

“The Cravath Scale, an offshoot of the Cravath system, is named after Cravath, Swaine & Moore LLP, the firm which is generally considered the authority on setting associate salaries. Its compensatory functions include factors like the number of years out of law school and particular law school classes, among others.”

“Lawyers on this pay scale not only earn the same salary but can also anticipate receiving the same annual market bonus. Based on the lockstep and closely monitored structure of the scale, if one firm offers an associate a higher salary, other firms tend to follow suit. But while this scale is based on a platform of consistency, changes have been experienced throughout the years.”

Read the article.

“The Supreme Court’s announcement this week that it will hold oral arguments via teleconference for the first time in its history has a small group of America’s top attorneys prepping for the most important phone calls of their careers,” writes Tucker Higgins in CNBC’s Politics.

“The court said that it will hear 10 arguments over the first two weeks in May, including blockbuster disputes over the Electoral College and whether President Donald Trump can keep his tax records shielded from investigators. ”

Read the article.

“The U.S. Bankruptcy Court for the District of Delaware approved … a $1.7 million settlement agreement in the bankruptcy case of Springdale-based nanotechnology manufacturer NanoMech Inc. that will clear its former CEO of any wrongdoing,” reports Jeff Della Rosa in Talk Business & Politics.

“U.S. Bankruptcy Judge John Dorsey approved the agreement between NanoMech, its directors and officers and New York-based lender Michaelson Capital Partners. The directors and officers in the agreement include all existing and former directors and officers of NanoMech, including former chairman and CEO Jim Phillips, Ajay Malshe, Deborah Wince-Smith, Michael Easterly, Arpana Verma, Wyatt Watkins and Ben Waisbren.”

“NanoMech’s directors and officers will have their insurer pay $1.7 million to NanoMech, and the company will pay $1.68 million to Michaelson, the agreement shows. Also, NanoMech will release all pending claims against Phillips and Conner & Winters LLP, and they will be dismissed with prejudice.”

Read the article.

“As mentioned in previous articles, the ongoing COVID-19 pandemic has substantially impacted the legal profession. Economic issues have affected the need for legal services, which has forced law firms to reduce headcount, lower salaries, and take other efforts to weather the storm. However, based on my own experience, some practice areas seem to be expanding in the current environment, and other practice areas are struggling because of COVID-19,” writes Jordan Rothman in Above the Law’s Biglaw.

“If attorneys have a good sense of the practice areas that are expanding and contracting in the current environment, they can best weather the storm of COVID-19.”

Read the article.

“Coal companies owned by Gov. Jim Justice and his family have settled with federal agencies to satisfy more than $5 million in unpaid penalties for violations of the Federal Mine Safety and Health Act,” reports Brad McElhinny in MetroNews the Voice of West Virginia.

“Although it’s a settlement, the federal officials say the 23 named defendants agreed to pay the full amounts of the assessed civil penalties, plus interest and penalties.”

“Federal officials sued almost two dozen Justice companies almost a year ago over millions of dollars in unpaid safety violation penalties dating back years.”

Read the article.

“LeafedOut, formerly known as LeafedIn, announced a resolution to their intellectual property dispute with the professional networking site “Linkedin” that correlated with their complete rebrand to Leafedout as of the start of this year. This press release signifies the end of all references to the former brand name within the LeafedOut organization,” reports Ellie Alexander in Reported Times.

“LeafedOut emboldened even further by its brand identity upgrade, continues on as one of the most disruptive and popular cannabis tech companies in the industry today. However, unlike the industry standard, it’s management believes that putting this settlement behind them as well as moving forward with a very aggressive and ambitious roadmap for 2020 in terms of their product offering will allow them to continue their exponential revenue and user growth while providing even more value across multiple verticals for its community. LeafedOut set itself apart from other rising businesses in the canna community with its focus on social responsibility, marijuana activism, and focus on veteran and patient rights.”

Read the article.

“In yet another opinion applying the Florida Supreme Court’s landmark decision in Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), the Eleventh Circuit affirmed denial of motions for judgment as a matter of law against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. in a published opinion upholding multi-million dollar jury verdicts against both defendants,” posts Keith Emanuel in Eversheds Sutherland’s 11th Circuit Business Blog.

“Plaintiff Kerrivan became an addicted serial smoker at an early age, suffered increasingly serious medical diagnoses as a result, and made repeated unsuccessful attempts to quit. He eventually quit smoking but has required an oxygen tank to assist his breathing ever since. After the jury awarded $15.8 million in compensatory damages and $25.3 million in punitive damages on various fraud and conspiracy claims, the tobacco companies renewed motions for judgment as a matter of law and filed a motion for new trial or remittitur, arguing that the compensatory damages award was excessive, that the punitive damages award was unconstitutional, and that the evidence of reliance was insufficient to support the fraudulent concealment and conspiracy claims. The appeal stemmed from the district court’s denial of such motions.”

Read the article.

The Seventh Circuit Court of Appeals is ruling on the Dish Networks $280M settlement reports Eric J. Troutman in TCPA World.

“The appellate court concluded that the district court made no material legal errors save one– in assessing damages the Court started with the Plaintiff’s ability to pay and worked backward. The Court determined that proper constitutional analysis starts with the amount of harm actually caused, and then application of a multiplier.”

“The appellate court concluded that the district court’s award amounted to $4.00 per violation and suggested that if the harm caused per call was $1.00 than the judgment would certainly be proper. But it remanded for the lower court to assess the damage of an unwanted call (according to one expert the cost per unwanted call is as low as 6.8 cents, which would make a proper award no higher than 72 cents a call using a 9 times multipler.)”

Read the article.

“General Motors has reached a $120 million settlement with owners who claimed that their vehicles lost value because of defective ignition switches, which have been linked to 124 deaths,” reported in Reuters’ AutoBlog.

“The preliminary settlement was filed on Friday night with the federal court in Manhattan and requires approval by U.S. District Judge Jesse Furman. It would resolve the last major piece of litigation stemming from ignition switches that could cause GM vehicles to stall and prevent airbags from deploying.”

“The automaker denied liability in agreeing to settle, court papers show.”

Read the article.

“Top in-house lawyers are getting their compensation cut along with other executive officers as the new coronavirus causes widespread economic distress,” reports Brian Baxter in Bloomberg Law’s Corporate Governance.

“Marriott International Inc., the Cheesecake Factory Inc., and other companies have announced plans to cut pay for top executives. Bloomberg Law recently reported that gaming company Accel Entertainment Inc.’s leadership is going even further, foregoing 100% of their pay until it hopes normal business operations resume next month.”

“Veta Richardson, president and CEO of the Association of Corporation Counsel, said that she can’t recall another time when executive pay cuts have become so extensive.”

Read the article.