As Sunscreen Consumer Suits Mount, Injury Claims Will Likely Follow: The Morning Minute
The news and analysis you need to start your day.
July 23, 2021 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
SCREENING PLAINTIFFS - Litigators told Law.com's Amanda Bronstad this week that they predict more recalls of sunscreens that contain dangerous levels of benzene and, as a result, more class action litigation against companies like Johnson & Johnson and Energizer Holdings Inc. So far, all of the cases filed over these recalls focus on consumer fraud, unjust enrichment and breach-of-warranty claims, not personal injuries. But, as we explore in this week's Law.com Litigation Trendspotter column, plaintiffs firms nationwide have begun gearing up to bring products liability cases seeking to link sunscreen use to plaintiffs' blood cancer.
PROTECT YA TECH - As Law.com's Lizzy McLellan notes in this week's Barometer newsletter, cybersecurity safeguards in law firms are like smoke detectors in homes: better to have them and not need them than vice versa. But as threats like data breaches, spoofing and ransomware become more omnipresent, cybersecurity's becoming more like a roof: without it, there's definitely going to be damage. Also like roofs, cyber protections aren't cheap. But the unexpected good news is that the pandemic may have actually left firms in a decent position to afford them. "Surely, bad actors will continue to find new ways to keep businesses, including law firms, on their toes," McLellan writes. "At the same time, law firms have learned plenty of ways this year to reduce expenses in certain areas. That makes their business more profitable, sure, but also frees up resources to make sure the most valuable protection and precautions are in place." To receive the Law.com Barometer directly to your inbox each week, click here.
CHEERS! - I'm guessing no one was drinking Natty Light to celebrate this deal. Whiskey investment firm Rare Whisky Holdings Limited has acquired a 49% stake in online whisky auction platform Whisky Hammer and its retail business Still Spirit. Financial terms were not disclosed. Hong Kong-based Rare Whisky is advised by Goodwin Procter partners Carl Bradshaw, Douglas Freeman, Gretchen Scott and Robert Young. Udny, Scotland-based Whisky Hammer was represented by a Brodies LLP team. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
| | |- Ruth Rizkalla Credits Judges With Diversifying MDL Leadership. 'A Judge's Word Is Worth So Much More.' By Amanda Bronstad
- All Rise: Georgia Court of Appeals to Resume In-Person Oral Arguments in September By Cedra Mayfield
- Pa. Supreme Court: Amazon Employees' Time Spent in Security Screenings Counts as Work Hours By Aleeza Furman
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WHILE YOU WERE SLEEPING
DEALS UP DOWN UNDER - Transaction lawyers in Australia have been busy with a rush of mergers and acquisitions in the this year as cashed-up businesses and investment funds seek out assets, and they expect the heavy deal flow to continue through to the end of the year, Law.com International's Christopher Niesche reports. "If you speak to any M&A practitioner, particularly at the top end of the market, I think we're all feeling pretty busy at the moment, and our pipelines remain pretty full as well," said John Brewster, co-head of Ashurst's corporate transactions practice in Australia. Cheap debt and low interest rates are fueling the appetite for deals, particularly from private equity funds, which can increase their borrowings when rates are low, said Brewster. Australian companies have also been active, he added, noting that many raised capital to help them through the pandemic and were pleasantly surprised to not have to use it, leaving them with more firepower for acquisitions.
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WHAT YOU SAID
"Legal employers have plenty of systemic issues that need to be faced head-on when it comes to the promotion and retention of women attorneys. Blaming women attorneys is appalling."
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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.
Who Got The Work
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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