Archives: Class Actions

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Prospective Employees Must Show Actual Harm From Failure to Properly Disclose Background Checks

Consent to a background check seems to be a part of any employment application these days, whether the job sought is with a large corporation or the corner deli. Employers gain a measure of protection from conducting background checks on prospective employees. They are useful for verifying that the prospective employee has been honest about … Continue Reading

Employers Beware: The Ninth Circuit Finds That Liability Waivers in Consumer Report Disclosures “Willfully” Violate the FCRA

On January 20, 2017, the Ninth Circuit Court of Appeals issued an opinion with far-reaching consequences for employers’ liability under the Fair Credit Reporting Act (15 U.S.C. § 1681b(b)(2)(A)), and which could impact insurance coverage for such liability. In Syed v. M-I, LLC, et al., 2017 WL 242559 (9th Cir. Jan. 20, 2017), the court … Continue Reading

The “Shutout” of M&A Strike Suits and Disclosure Settlements

The scenario is a familiar one. Public companies announce a proposed merger and move forward to solicit shareholder approval. Shareholder class actions challenging the merger soon follow. They often allege that the board of directors breached their fiduciary duties by failing to disclose sufficient information or by disseminating false or misleading disclosures about the proposed … Continue Reading