Preserving The Attorney Client Privilege

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017).

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.

The First Circuit Court of Appeals recently affirmed the dismissal of a securities fraud class action against a biopharmaceutical company, ruling that literally true statements about clinical trial results were not actionable half-truths under securities law. The decision centered on whether the company's statements about the absence of retinal vasculitis cases in drug trials were misleading, despite following FDA-approved protocols that plaintiffs argued were insufficient to detect the condition.

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

O'Reilly Auto Parts and its BigLaw counsel agreed to pay $18.8 million to settle a TCPA class action involving SMS messages to numbers on the DNC list, despite the claim potentially being invalid under recent Seventh Circuit precedent. The settlement, reached just weeks after oral arguments suggested SMS messages may not constitute "telephone calls" under the TCPA, could result in over $6.2 million in attorney fees while class members receive modest payouts for claims that may not legally exist.

A federal judge has ruled that documents created by a client using a commercial AI tool and shared with counsel are not protected by attorney-client privilege or work product doctrine. The landmark decision raises critical questions about confidentiality expectations when clients use consumer-grade AI platforms to prepare legal materials, potentially exposing sensitive litigation strategies to discovery.

As Father Time marches towards 2024, how do we spur the CRE market? A new MarketWatch article forecasts a potentially gloomy year for CRE, but there are still reasons to be hopeful.

Today, OCR settled its 46th case in a series of enforcement actions under its right of access initiative. This time, the settlement was with Optum Medical Care of New Jersey...

In Advance Local Media LLC v. Cohere Inc., Judge Colleen McMahon of the Southern District of New York denied Cohere's motion to dismiss claims brought by a consortium of major news publishers.

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the "CDFI Fund") announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its annual and competitive application process. Eighty-five organizations certified as Community Development Entities (CDEs) received the awards, while over 282 CDEs applied.

Just across the California-Arizona border, there's an appellate case worth paying attention to, because it could signal whether California courts will hold that a commercial lease to operate...

On December 4, 2025, the New York City Council overrode a veto by Mayor Eric Adams, 40-7, and enacted two bills, 982-A and 984-A, which together would require (i) private employers with more than 200 employees...

The United States Patent and Trademark Office released new guidance on artificial intelligence and inventorship on November 28, 2025, clarifying that the same standards for inventorship...

Thompson Coburn partner Aaron Lacey, co-chair of the firm's nationally recognized Higher Education Practice, has been appointed by the U.S. Department of Education...

On July 18, 2024, a bill was introduced in the New York City Council that would require New York City employers with 25 or more employees to report detailed...

Due to the delay in issuing the 2024 2nd installments of real estate tax bills, the Cook County Board of Review has made an unprecedented announcement that it will reopen the 2025 real estate tax appeal window.