ClassLawBlog.com

RBS WorldPay Data Breach Investigation

classlawblog — Thu, 22 Jan 2009 23:16:19 +0000

Finkelstein Thompson LLP is investigating a security and privacy breach at RBS WorldPay, Inc. (“RBS”). On December 23, 2008, RBS announced that its computer system containing sensitive personal information belonging to pre-paid cardholders including payroll and open-loop gift cardholders had been “improperly accessed by an unauthorized party.” Approximately 1.5 million cardholders have been compromised. Compromised information includes names, addresses, telephone numbers, card account numbers, PINs, and financial account information. Approximately 1.1 million cardholders Social Security numbers are at risk. Fraudulent transactions have occurred on approximately 100 payroll cards.

RBS is a provider of electronic payment processing services including debit, electronic benefits transfer, checks, gift cards, e-commerce, customer loyalty cards, fleet cards, prepaid cards, credit cards and ATM processing and cash management services.

If you wish to discuss your rights and interests in this matter, please contact us toll-free at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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Laptop Containing Sensitive Information About Starbucks Employees Is Stolen

classlawblog — Thu, 22 Jan 2009 20:09:31 +0000

Finkelstein Thompson LLP is currently investigating claims that the personal and financial information of current and former employees of Starbucks Coffee Company (“Starbucks”) have been compromised by a data breach. Starbucks has confirmed that a laptop containing the private information of 97,000 employees was stolen Oct. 29. The employee information included name, address and social security number.

If you are a current or former employee of Starbucks and wish to discuss your rights and interests in this matter, please contact us toll-free at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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Pet Food Settlement Approved for $24 Million

classlawblog — Fri, 28 Nov 2008 19:21:36 +0000

On November 17, 2008, the Honorable Noel L. Hillman of the United States District Court for the District of New Jersey entered an order approving a $24 million pet food litigation settlement agreement in In re: Pet Food Products Liability Litigation, Master File No. 07 CV 2867. In that class action, pet owners alleged that pet food manufacturers, ingredient suppliers, distributors, repackagers and retailers contributed to the pet food and/or treats containing contaminated wheat gluten and/or rice protein concentrate. Finkelstein Thompson LLP was one of the class counsel.

The plaintiffs commenced over 100 class actions on behalf of all persons who purchased, used or obtained, or whose pets consumed, any cat or dog food or treats that allegedly contained contaminated wheat gluten and/or rice protein. The plaintiffs allege state consumer protection and deceptive trade practice statute violations, product liability, warranty and negligence claims. These class action cases were consolidated by the Judicial Panel on Multidistrict Litigation and transferred to the District Court of New Jersey. After several months of cross-country and cross-border negotiations between the parties, class counsel was able to recover $24 million for the benefit of a class allegedly affected by this conduct.

NebuAD Sued for Ad Targeting Program

classlawblog — Thu, 27 Nov 2008 12:00:54 +0000

On Monday, November 10, 2008 a class action lawsuit was filed in the Northern District of California against NebuAD and its ISP partners for selling subscribers’ web browsing history without their consent. The complaint claims that NebuAD and the ISPs committed illegal privacy and computer security breaches against Internet subscribers by using deep packet inspection technology to track users’ search and browsing activity and shuttle it to various advertising networks, which used the information to deploy targeted advertising to subscribers. See also ISPs Selling User Web Browsing History.

The lawsuit accuses NebuAd, and its ISP partners, Bresnan Communications, Cable One, CenturyTel, Embarq, Knology, and WOW!, of being involved in the interception, copying, transmission, collection, storage, usage, and altering of private data from users. All of the involved parties are alleged to have violated the Electronic Communications Privacy Act of 1986, California’s Computer Crime Law, the federal Computer Fraud and Abuse Act, and the California Invasion of Privacy Act. Several of the ISPs are accused of aiding and abetting violations of the above laws and are accused of civil conspiracy. All defendants are being charged with unjust enrichment for benefiting from the communications they intercepted.

Digital Cable Investigation

classlawblog — Wed, 26 Nov 2008 12:00:42 +0000

Finkelstein Thompson LLP is investigating changes cable companies have made to their analog and digital tiers of cable service.

According to a news report, consumers are complaining that they are now receiving fewer channels on their analog cable service but are still paying the same monthly charge. These previously received channels are now only available on the digital service tier. Concerns have been raised about what cable companies have told their customers with regards to the changes to their cable lineups. As a result of these concerns, the Federal Communications Commission recently sent letters to various cable companies asking them to explain the pricing of their tiers of service.

If your cable provider has recently changed your level of service and/or you have recently upgraded your cable service because of losing channels, we would be interested in hearing from you. If you wish to discuss your rights and interests in this matter, please contact our Washington, D.C. office toll-free at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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Cable TV, TiVo/DVR Investigation

classlawblog — Tue, 25 Nov 2008 21:00:08 +0000

Finkelstein Thompson LLP is investigating allegations that some cable companies have changed their broadcasting signals, rendering third party devices, such as TiVo DVR’s, partially or completely obsolete. Depending on the method of conversion, users of the third party devices may no longer be able to use all of the device’s features or receive all previously receivable channels.

In a recent series of opinions, the F.C.C. has fined two different cable providers for converting their broadcasts to Switched Digital Video (SDV) and rendering their subscriber’s TiVo’s obsolete or less effective. Complaints received by the F.C.C. included: (1) not being able to receive the same array of channels after the conversion to SDV; (2) not being able to receive any High Definition (HD) channels; and/or (3) being required to use cable company equipment (ex: cable boxes) in order to receive a previously received array of digital and HD cable channels.

If you feel that you may have been victimized by this practice and wish to discuss your rights and interests in this matter, please contact our Washington, D.C. office toll-free at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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McDermott International, Inc. Investigation

classlawblog — Tue, 25 Nov 2008 19:21:30 +0000

Finkelstein Thompson LLP is currently investigating McDermott International, Inc. (“MDR”)(NYSE: MDR) after the Company announced markedly reduced third quarter earnings due to newly revealed issues with the Offshore Oil & Gas Construction segment’s construction projects located in the Middle East. In response to this announcement made on November 5, 2008, Company shares dropped almost 40%.

The Company and certain officers allegedly knew that these construction projects were substantially delayed and could not be completed without a negative effect on the margins, yet failed to disclose information. Only after the newly appointed Chief Executive Officer launched an investigation of these contracts did the Company reveal the projects’ substantial delay in conjunction with its third quarter earnings. The Company’s share price dropped substantially in response to this news – from $17.28 on November 4, 2008 to $10.39 on November 6, 2008.

If you are interested in discussing your rights as a MDR shareholder, or have information relating to this investigation, please contact Finkelstein Thompson’s Washington, DC offices at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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AtriCure, Inc. Investigation

classlawblog — Tue, 25 Nov 2008 19:15:28 +0000

Finkelstein Thompson LLP is investigating potential shareholder claims involving AtriCure, Inc. (“Atricure” or the “Company”) (NasdaqGM: ATRC).

On November 3, 2008, AtriCure shares plunged 39% after the Company revealed that its marketing practices are being investigated by the Department of Justice (“DOJ”). According to an AtriCure press release, the DOJ wrote a letter to AtriCure stating that it was investigating the Company’s alleged marketing of the off-label use of the Company’s surgical tissue-ablation system to treat atrial fibrillation. The letter also stated that the DOJ is investigating whether AtriCure directed hospitals to bill for surgical-ablation procedures using incorrect billing codes. On this news, the Company’s stock fell nearly 40% to close at $3.89 per share on unusually high trading volume.

If you are an AtriCure shareholder and wish to discuss your rights and interests as an investor, please contact our Washington, D.C. office toll-free at (877) 337-1050 or by email at contact@finkelsteinthompson.com.

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Shareholders survive motion to dismiss in Merrill Lynch merger case

classlawblog — Sat, 22 Nov 2008 19:01:45 +0000

Courthousenews reports that the Delaware Chancery Court has allowed shareholders to continue their class action against Merrill Lynch arising out of the company’s September merger with Bank of America. Shareholders pointed to the rapid pace of the deal as well as certain key terms, including “force the vote” and “no-talk” provisions, as evidence of directors’ violations of their fiduciary duty. They also alleged that the proxy statement contained material non-disclosures. Vice Chancellor Noble ruled that some of the shareholders’ allegations, including those related to the rapid pace of the merger decision, were “colorable” and that shareholders should therefore be allowed to pursue them.

Court Approves $43.1 Million Settlement in Iridium Litigation and Commends Attorneys’ Work

classlawblog — Sat, 22 Nov 2008 19:00:30 +0000

Working with co-counsel, Finkelstein Thompson LLP achieved a $43.1 million settlement in the securities case captioned Freeland, et al v. Iridium World Communications, Ltd, et al, Case No. CR 99-1002 (D.D.C.). After nine years of intense litigation, plaintiffs reached settlement agreements with the Defendants that collectively resolved the entire litigation. Notably, no objections were filed against the terms of the settlement.

At the Fairness Hearing held on October 16, 2008 where the Court gave final approval to the settlement, the Honorable Nanette K. Laughrey sitting by special appointment in the United States District Court for the District of Columbia commended Finkelstein Thompson LLP and co-counsel for their performance in the case, stating, “[a]ll of the attorneys in this case have done an outstanding job, and I really appreciate the quality of work that we had in our chambers as a result of this case.”