On The Case Headlines

Chancery Court says Shire owes $20 million in contingency fees to Keker - though deal wasn't with Shire

Shire Pharmaceuticals is on the hook for more than $20 million in fees owed to Keker, Van Nest & Peters, thanks to a ruling on Tuesday by Vice Chancellor Kathaleen McCormick of the Delaware Chancery Court (2021 WL 1627166). McCormick, who has been nominated to become Delaware's chancellor, said that Keker's 30% contingency fee deal was reasonable and that Delaware has a public policy interest in rewarding shareholder lawyers who take risks and win.

In major ruling, 2nd Circuit says no circuit split on data breaches and standing

For years, I’ve been writing about a split among the federal circuits on whether data breach victims can establish a right to sue in federal court merely by showing that they are at increased risk of identity theft. Just a couple of months ago, when the 11th U.S. Circuit Court of Appeals held in Tsao v. Captiva MVP Restaurant Partners (986 F.3d 1332) that the mere risk of identity theft does not satisfy Article III standing requirements, I pointed out the courts’ acknowledgment t

After Robbins Geller sparks conflicts fracas, Bernstein Litowitz is rebuked but not removed

Hands down, the two most successful shareholder class action firms in the U.S. are Bernstein Litowitz Berger & Grossmann and Robbins Geller Rudman & Dowd. In the annual rankings from ISS Securities Class Action Service, it’s sometimes one, sometimes the other on top. But aside from 2018, when Pomerantz settled the $2.95 billion Petrobras case, Robbins Geller and Bernstein Litowitz are always atop the list.

Walmart makes a bad bet, gets hit with discovery sanctions in opioid MDL

The special master overseeing discovery in the nationwide opioids multidistrict litigation ordered new depositions of Walmart witnesses on Friday, sanctioning the retail giant for its defiance of a longstanding discovery order requiring defendants in the MDL to produce documents from other opioid cases outside of the consolidated federal-court proceeding.

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