Articles by Ellen Rosen

Neiman Marcus Ruling Aids Plaintiffs in Data Breach Class Actions

Data breaches at big retailers are becoming almost commonplace, and class actions by affected consumers are typically not far behind. Now, a federal appeals court in Chicago has made it harder for retailers who are hacked to have these lawsuits …

Judge Says Alpha Must Cover Legal Costs for Ex-CEO Blankenship

Alpha Natural Resources must pay the legal expenses of Donald Blankenship, the former chief executive officer of Massey Energy, which Alpha acquired in 2011. The fight over fees arose from charges filed against Blankenship stemming from the worst U.S. coal …

Asian-American Groups Target Harvard, UNC for Alleged Racial Bias in Admissions

A coalition of more than 60 Asian-American groups filed a federal discrimination action against Harvard University, claiming racial bias in undergraduate admissions. The administrative complaint follows the filing of a lawsuit in federal court against Harvard in November. The administrative …

Playboy Verdict Leads to Malpractice Suit in California

Playboy Enterprises Inc. claims Sheppard Mullin Richter & Hampton LLP committed malpractice by not advising it to settle a retaliatory-firing lawsuit. The case is anything but salacious. Catherine Zulfer initially sued Playboy in 2012, alleging she was fired for refusing …

Title IX Cases Against Columbia and Vassar Are Dismissed

Two separate federal judges in Manhattan have shown that it’s difficult to prove that a college’s procedures for handling sexual assault allegations violate Title IX. In the past month, both Columbia University and Vassar College have won cases challenging their …

Supreme Court: EEOC Must Try Conciliation with Businesses Before Litigation

The U.S. Supreme Court on Wednesday buoyed companies facing the Equal Employment Opportunity Commission over potential accusations of discrimination. In a unanimous ruling, the justices said courts have the power to enforce the statutory requirement that the EEOC try to …

Supreme Court Omnicare Ruling Addresses Company Opinion Statements

The U.S. Supreme Court Tuesday issued a decision that will affect the landscape for securities class actions. In the unanimous ruling, which focused on opinions expressed in documents filed with the U.S. Securities and Exchange Commission, the high court said …

Securities Class Action Settlement Amounts Plummet

Bringing a securities class action became less lucrative last year. According to a new Cornerstone Research report, total settlements in such cases hit their lowest point in 16 years. The aggregate amount of settlements dropped 78 percent to $1.07 billion …

Securities Class Actions Held Steady in 2014

Deals often beget securities class actions. Yet, despite the active mergers-and-acquisitions market in 2014, the number of new federal securities class actions barely budged from the level in 2013. Last year, 170 securities cases were filed, four more than in …

New York Court Shows Leniency in Dismissal of Going-Private Buyout Claim

A four-page opinion from an appellate court in New York suggests a way to insulate companies and their boards from lawsuits in going-private transactions. The decision stems from the 2012 buyout of Kenneth Cole Productions Inc. by its namesake chairman …