Victor A. Afanador authored an article titled “Technology for Trial Attorneys During the Advent of Hybrid and Virtual Trials.” The article was published in the June 2021 issue of New Jersey Lawyer Magazine. The read this article, click here.
LDGA Defeats Wawa’s Motion to Dismiss Claims by Financial Institutions Relating to 2019 Data Breach.
On May 6, the Honorable Gene E.K. Pratter denied a motion to dismiss claims brought by financial institutions for negligence and injunctive relief against Wawa for damages resulting from a data breach in March 2019. The case is pending in the Eastern District of Pennsylvania, Case No. 19-cv-6019. Mindee J. Reuben is liaison counsel for the proposed class of financial institutions.
Four LDGA Attorneys Named to 2021 “Super Lawyers” List:
Joseph J. DePalma, Bruce D. Greenberg, Victor A. Afanador and Susana Cruz Hodge were all named to the 2021 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced and Mr. DePalma has appeared every year since 2007. Mr. Afanador has been named to the “New Jersey Super Lawyers” list for five consecutive years and Ms. Hodge has been named to the "New Jersey Super Lawyers" list for the second consecutive year. Ms. Hodge was named to the "Rising Stars" list for six consecutive years. Mr. Greenberg has also been named “Top 100” list for the third time, including the last two years in a row.
Mindee J. Reuben Named to 2021 “Super Lawyers” List and “The Best Lawyers in America”.
Mindee J. Reuben has been named to the 2021 list of “Pennsylvania Super Lawyers”. Ms. Reuben has been included on that list every year since 2009 and was previously on the Rising Stars List.
She has also been recognized in “The Best Lawyers in America” for her work in Antitrust Law and Litigation – Antitrust. Ms. Reuben has been included on that list since 2018.
Bruce D. Greenberg was named to New Jersey Super Lawyers Top 100 list. To read more on this listing, click here.
On June 12, 2020, Mindee J. Reuben was appointed as Interim Liaison Counsel for the proposed Financial Institution Plaintiff Class in In re Wawa, Inc. Data Breach Litigation, pending before the Honorable Gene E.K. Pratter in the Eastern District of Pennsylvania.
Six LDG Attorneys Named to 2020 “Super Lawyers” List:¹
Joseph J. DePalma, Bruce D. Greenberg, Victor A. Afanador and Susana Cruz Hodge were all named to the 2020 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced and Mr. DePalma has appeared every year since 2007. Mr. Afanador has been named to the “New Jersey Super Lawyers” list for four consecutive years. Susana Cruz Hodge appears in the "New Jersey Super Lawyers" list for the first time. Ms. Hodge was named to the "Rising Stars" list for six consecutive years.
Mindee J. Reuben was named to the 2020 list of “Pennsylvania Super Lawyers.” Ms. Reuben has been listed as a Top Rated Antitrust Attorney and has been selected to Super Lawyers every year since 2009.
Bruce D. Greenberg was a presenter on a New Jersey ICLE webinar titled ”Do’s and Don’ts of Appellate Practice.” The other presenters were Appellate Division Judges Ellen Koblitz and Thomas Sumners, Jr., and Marie Hanley, Chief Counsel to the Appellate Division.
Mindee Reuben will be a panelist on the upcoming live webinar, "Impact of New FRE 807 on Hearsay Evidence" on Tuesday, May 12, 1:00pm-2:30pm EDT. Click this link for more information.
Bruce D. Greenberg was quoted in a Law360 article about the effect of a recent Appellate Division decision that allowed trial testimony to be offered by live remote video, rather than in person, in certain circumstances.
Bruce D. Greenberg was quoted in The New York Times regarding class actions against rental car companies for allegedly improper charges that arise out of “cashless tolling.”
Victor A. Afanador was a Moderator at the HNBA's Young Lawyers/Law Students Career Development Panel titled, "There Are No Motions for Reconsideration When it Comes to Your Reputation". The panel focused on how young lawyers must carefully navigate the pitfalls in the legal profession from their first handshake to their first court appearance. To view the full agenda, click here.
Mindee J. Reuben has been appointed to serve in the Leadership of the Antitrust Law Section during 2019-2020 ABA year as a Member of the Competition/Consumer Protection Policy and North American Comments Task Force.
Lite DePalma Greenberg & Afanador Successfully Challenges Recent Bar on the Sale of Raw Milk for Pet Consumption. To read more on this, click here.
Eight LDG Attorneys Named to 2019 “Super Lawyers” and “Rising Stars” Lists:¹
Joseph J. DePalma, Bruce D. Greenberg, and Victor A. Afanador were all named to the 2019 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. Mr. Afanador has been named to the “New Jersey Super Lawyers” list for four consecutive years. Susana Cruz Hodge are listed among the 2019 “New Jersey Rising Stars.” Ms. Hodge has been named to the list for six consecutive years.
Mindee J. Reuben of LDGA’s Philadelphia office was named to the 2019 list of “Pennsylvania Super Lawyers.” This is the eleventh year that Ms. Reuben has appeared on that list.
Bruce D. Greenberg was quoted in a New Jersey Law Journal article regarding the case of Skuse v. Pfizer. There, the Appellate Division ruled that, in the circumstances of that case, an employer’s arbitration clause was ineffective when it was sent to the employee by e-mail.
On Thursday, November 8, 2018, Mindee J. Reuben was a featured speaker at the Golden State Antitrust, UCL and Privacy Law Institute & Antitrust Lawyer of the Year Reception and Dinner in San Francisco, CA.
Mindee J. Reuben was a panelist at the ABA Antitrust Masters Court IX on the topics of Expert Witnesses, Class Certification, and Pleading & Proving Conspiracy from October 18-20, 2018, in Cambridge, Maryland.
Victor A. Afanador was a speaker at the 2018 Pro Bono Conference held by the New Jersey State Bar Association on October 24, 2018.
The Firm and two of its attorneys, Bruce D. Greenberg and Mindee J. Reuben, have been named in the 25th Edition of The Best Lawyers in America©. Mr. Greenberg has been named for Appellate Practice; Ms. Reuben has been named for Antitrust Law and Litigation – Antitrust.
Bruce D. Greenberg was a moderator and Susana Cruz Hodge was a panelist at the New Jersey Institute for Continuing Legal Education’s seminar titled “Significant Developments in Class Actions” on April 11, 2018.
On February 6, 2018, the United States District Court for the Eastern District of Washington granted final approval of a nationwide class action settlement worth $3.8 million In Desio v. Insinkerator, No. 2:15-cv-00346- SMU. Bruce D. Greenberg of LDG was co-lead counsel for the Class. The case involved allegedly defective water filters used in Insinkerator F-201 hot water dispensing systems.
On December 6, 2017, Mindee J. Reuben was a panelist for the American Bar Association CLE, “Antitrust Class Action Program Series: Class Action Killer or Business as Usual? -- Rule 23(b)(3) and the Predominance Requirement.”
Bruce D. Greenberg was quoted in an article in the New Jersey Law Journal regarding the effect of two recent Supreme Court of New Jersey decisions regarding the Truth in Consumer Contract, Warranty, and Notice Act (“TCCWNA”). To read this article, click here.
On August 15, 2017, the Honorable Gene E.K. Pratter denied certain defendants’ motion to decertify the Shell Egg Class which the Court had previously certified in the Direct Purchaser Class litigation, In re Processed Egg Products Antitrust Litigation, No. 08-md-2002 (E.D. Pa.). A copy of the Memorandum Opinion can be accessed here. Mindee J. Reuben of LDG is co-lead and liaison counsel for the Direct Purchaser Class.
Victor A. Afanador was a speaker at NJSBA's Seminar, "Supplier Diversity in Law" along with Louis Diaz, Esq., from Gibbons, P.C. The two addressed how these programs are implemented, the application procedure, and how these programs level the playing field for small minority and women owned companies (including law firms) to perform work for Fortune 500 companies.
Bruce D. Greenberg was quoted in an article in Law360 regarding the Third Circuit’s increasing unwillingness to apply the standing doctrine of Spokeo, Inc. v. Robins to bar plaintiffs from proceeding. To read this article, click here.
On June 22, 2017, Jeremy Nash participated as a panelist at a seminar, Summary Judgment in Class Action Litigation: Plaintiff and Defense Strategies for Filing Motions, hosted by Strafford Publications. Learn more here.
LDGA presses forward with data breach class action against P.F. Chang's. To read more, click here.
The attached Court-approved notice and claim form are being sent out today to former tenants of the Russell Building at Avalon at Edgewater, which was destroyed in a fire in January 2015, as part of a proposed class action settlement. The notice describes the case, the proposed settlement, and the options that former Russell Building tenants have regarding the settlement. Questions from former Russell Building tenants can be directed to LDGA or to its co-counsel.
Eight LDG Attorneys Named to 2017 “Super Lawyers” and “Rising Stars” Lists:
Joseph J. DePalma, Bruce D. Greenberg, and Victor A. Afanador were all named to the 2017 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. Mr. Afanador has been named to the “New Jersey Super Lawyers” list for two consecutive years. Susana Cruz Hodge was listed among the 2017 “New Jersey Rising Stars,” the fourth consecutive year that she has appeared there.
Steven J. Greenfogel and Mindee J. Reuben of LDG’s Philadelphia office were named to the 2017 list of “Pennsylvania Super Lawyers.” This is the thirteenth year that Mr. Greenfogel has appeared on that list, while Ms. Reuben has been included on that list every year since 2009.
Lite DePalma Greenberg & Afanador is pleased to announce that the settlement class consisting of purchasers of Rust-Oleum’s Restore Products in In Re: Rust-Oleum Restore Marketing Sales Practices And Products Liability Litigation, Case No. MDL No. 2602, Case No. 1:15-cv-1364 (N.D. Ill.) received final approval of the $9.3 million settlement reached in October 2016 with defendant Rust-Oleum Corp. The multidistrict litigation involved 13 lawsuits accusing Rust-Oleum of marketing its Restore Products as rejuvenating for wooden and concrete decks, when, in actuality, the products peeled-off and left decks in need of repair. The settlement provides relief relative to the injuries suffered by settlement class members. Katrina Carroll, Member of the Firm, is co-lead counsel for the settlement class. During the final approval hearing, Jude Amy St. Eve, who presided over the litigation and the settlement, told Katrina Carroll, , “You are a model I wish all lawyers would follow.” To read more about the settlement, click here.
On March 24, 2017, Mindee J. Reuben
will participate as a panelist in the ABA Section of Litigation’s “Rules Roadshow,” on the topic “Precision Advocacy: Reinventing Motion Practice to Win
” in Philadelphia.
On January 20, 2017, the Third Circuit Court of Appeals, in a precedential opinion, vacated and remanded the dismissal of plaintiffs’ data breach case. The Circuit held that plaintiffs have Article III standing to pursue claims that they suffered harm when their personal information was stolen from unencrypted laptops at Horizon’s headquarters. The Circuit stated even without evidence that the plaintiffs’ personal information was not used improperly, the alleged disclosure created a de facto
injury under the Fair Credit Reporting Act. Lite DePalma Greenberg Afanador is a co-lead counsel. In Re: Horizon Healthcare Services, Inc. Data Breach Litigation,
No. 15-2309, on appeal from USDC for the DNJ (D.N.J. NO. 2-13-cv-07418).
Lite DePalma Greenberg & Afanador is pleased to announce that the Direct Purchaser Plaintiff Class in In re Egg Products Antitrust Litigation,
Case No. 08-md-2002 (E.D. Pa.), has reached a $75 million settlement with defendant Michael Foods, Inc. This settlement is in addition to over $61 million that was previously obtained for the Class, for a total of over $136 million. The case continues to proceed against three other defendants. Mindee J. Reuben
, Counsel to the Firm, is co-lead and liaison counsel for the Direct Purchaser Plaintiff Class.
Mindee J. Reuben
was appointed to the Plaintiffs’ Steering Committee for the End-Payer Plaintiffs in In re: Generic Digoxin and Doxycycline Antitrust Litigation
, pending in the Eastern District of Pennsylvania (MDL No. 2724, 16-MD-2724), before the Honorable Cynthia M. Rufe. The case involves allegations that generic drug manufacturers conspired to fix the prices charged for generic digoxin and generic doxycycline.
On November 29, 2016, Bruce D. Greenberg
moderated and Susana Cruz Hodge
participated as a panelist at the Prevailing Trends in Class Action Litigation seminar sponsored by New Jersey ICLE.
was a panelist at the New Jersey Civil Justice Institute and the Morris County Chamber of Commerce 2016 Fall Legal Reform Conference, where he presented a plaintiff’s perspective on the Truth-In-Consumer Contract, Warranty and Notice Act.
On September 13, 2016, the Honorable Gene E.K. Pratter (District Court of the Eastern District of Pennsylvania) denied motions for summary judgment filed by four defendants in the matter of In re Egg Products Antitrust Litig
., Case No. 08-md-2002 (ECF 1444). In doing so, the Court noted that it was “undisputed that each of the moving Defendants consciously committed to joining and maintaining its respective status within the UEP Certified Program. The actual components of the UEP Certified Program, of which the Defendants were undisputedly aware, could be used by a reasonable jury to determine that each of the Defendants consciously committed to a program designed to reduce supply.” Mindee J. Reuben
, Esquire, of Lite DePalma Greenberg &nAfanador, LLC, is co-lead and liaison counsel for the direct purchaser class.
On September 13, 2016, the Honorable Gene E.K. Pratter (District Court of the Eastern District of Pennsylvania) rejected an argument by Defendants that they were immune from liability under the federal antitrust laws. See In re Egg Products Antitrust Litig.
, Case No. 08-md-2002 (ECF Nos. 1441-1442). Specifically, Defendants had claimed that Section 1 of the Capper-Volstead Act and Section 6 of the Clayton Act provided them with immunity from antitrust liability for the acts of an agricultural cooperative of which they were members. The Court concluded that Defendants were not entitled to immunity because at least one of the members was not a producer as defined in the Acts. Mindee J. Reuben
, Esquire, of Lite DePalma Greenberg & Afanador, LLC, is co-lead and liaison counsel for the direct purchaser class.
Bruce D. Greenberg
was appointed as a member of the Executive Committee in In re Volkswagen Timing Chain Product Liability Litigation
, No. 16-2765(JLL)(JAD)(D.N.J.). The case involves allegations that Volkswagen and Audi vehicles have defective timing chains that can cause their engines to fail suddenly and unexpectedly, resulting in thousands of dollars in damages.
On August 4, 2016, the Seventh Circuit affirmed the prior granting of class certification by Judge Leinenweber of the Northern District of Illinois in the Containerboard Antitrust price fixing litigation. The Seventh Circuit approved of the lower court’s analysis and reliance on the methodologies for proving impact and damage proffered by plaintiffs’ experts. With merits discovery having been completed, there only remains some additional expert discovery and motions for summary judgment before a trial can take place.
Lite DePalma Greenberg & Afanador's P.F. Changs Data Breach case named one of Top Privacy Cases in 2016. To read this article, click here
Lite DePalma Greenberg & Afanador and its Co-Counsel are pleased to announce that the parties have come to terms on a Class Action Settlement designed to fully resolve Class Members’ claims and allow all Class Members the opportunity to obtain fair compensation for all of their losses. On July 8, 2016, Plaintiffs’ Counsel filed an unopposed motion to preliminarily approve the settlement. That motion will formally come before the Court on August 1, 2016, though there likely will not be an in-person hearing. We are hopeful that the Court will grant the unopposed motion prior to that date. Copies of the settlement agreement
and the proposed claim form
, which must be approved by the Court, can be viewed here.
Seven LDG Attorneys Named to 2016 “Super Lawyers” and “Rising Stars” Lists:
Joseph J. DePalma
, Bruce D. Greenberg
, and Victor A. Afanador
were all named to the 2016 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. After being named a “Rising Star” for eight consecutive years, Mr. Afanador was named to the “New Jersey Super Lawyers” list for the first time. Susana Cruz Hodge
was listed among the 2016 “New Jersey Rising Stars,” the third consecutive year that she has appeared there.
Steven J. Greenfogel
and Mindee J. Reuben
of LDG’s Philadelphia office were named to the 2016 list of “Pennsylvania Super Lawyers.” This is the twelfth year that Mr. Greenfogel has appeared on that list, while Ms. Reuben has been included on that list every year since 2009.
After several months of intensive negotiations, under the supervision of the Court, Lite DePalma Greenberg & Afanador and its Co-Lead Counsel are pleased to announce a proposed class action settlement on behalf of tenants of the Russell Building at Avalon at Edgewater. The terms of the settlement are being finalized and are expected to be presented to the Court for approval in the near future. Under the settlement, all Russell Building tenants will have the opportunity to obtain fair compensation for all of their losses as a result of this tragic incident.
In a major win for consumers, the Seventh Circuit Court of Appeals has ruled that victims of the June 2014 data breach at P.F. Chang’s China Bistro have standing to pursue their claims, reversing a lower court’s decision dismissing the case.
Following its prior landmark decision in Remijas v. Neiman Marcus Grp., LLC, 794 F.3d 688 (7th Cir. 2015), the appellate court found that the plaintiffs, Lucas Kosner and John Lewert, alleged injuries sufficient to support standing, with Kosner claiming fraudulent transactions had been attempted with his card and Lewert alleging that he spent time and money monitoring his credit reports and other financial statements for unauthorized charges and identity theft. Chief Judge Diane Wood, writing for the three-judge panel, explained that “[i]n the present case, several of Lewert and Kosner’s alleged injuries fit within the categories we delineated in Remijas. They describe the same kind of future injuries as the Remijas plaintiffs did: the increased risk of fraudulent charges and identity theft they face because their data has already been stolen. These alleged injuries are concrete enough to support a lawsuit.”
The court further rejected the defendant’s argument that the data breach did not affect the locations at which Lewert and Kosner dined, noting that a statement P.F. Chang’s released shortly after discovering the breach was addressed to customers at all P.F. Chang’s restaurants in the United States, not merely the 33 locations to which P.F. Chang’s later claimed the breach was limited. “When the data system for an entire corporation with locations across the country experiences a data breach and the corporation reacts as if that breach could affect all of its locations, it is certainly plausible that all of its locations were in fact affected,” Wood wrote.
and Kyle A. Shamberg
of LDG’s Chicago office represent the plaintiffs and the class.
Steven J. Greenfogel
has been selected to the Editorial Advisory Board for Law360’s Competition section. The Editorial Advisory Board consists of prominent practitioners in the area of antitrust law.
Mindee J. Reuben
was recently appointed co-lead counsel for a certified class of shell egg purchasers in In re Egg Products Antitrust Litigation
, Case No. 08-md-2002, pending in the Eastern District of Pennsylvania. The lawsuit asserts that defendants conspired to manipulate the supply of shell eggs in order to raise their prices from 2004 to 2008. Over $50 million in settlements have been approved to date.
Bruce D. Greenberg
will deliver the 27th Annual Alice and Stephen Evangelides Memorial Lecture at Rutgers University’s Eagleton Institute on February 9. His topic will be “Class Action Litigation: Who Benefits?” For details, click here
On January 7, 2015, Judge Amy J. St. Eve issued an opinion denying, in nearly every respect, a motion filed by Rust-Oleum Corporation seeking to dismiss a consumer class action claiming that its Restore Deck & Concrete and Restore 10X decking products suffer from a defect that causes them to fail, leading to extensive damage to consumers’ decks and other property. The plaintiffs, a group of 40 purchasers of the Restore products, allege that Restore contains latent defects resulting in premature degradation upon application. Plaintiffs further contend that Restore was defective both prior to and during Rust-Oleum’s marketing, selling, and warranting the product to the plaintiffs. In her nearly 100-page opinion
, Judge St. Eve found that the plaintiffs had stated viable claims for breach of express and implied warranty, and that nearly all of the plaintiffs also stated claims for violations of their respective state consumer fraud statutes, negligent misrepresentation, and fraudulent concealment. LDGA is co-lead counsel in the case along with Audet & Partners LLP. You can read more about the decision here
LDG closed out 2015 with a major victory for the privacy rights of consumers after an Illinois federal judge declined to dismiss the firm’s class action accusing Shutterfly Inc. (and its subsidiary ThisLife LLC) of unlawfully using facial recognition technology to gather “biometric data” from users’ photos. The plaintiff, Brian Norberg, brought the suit against Shutterfly after a Shutterfly user uploaded a photo of him and, when the user later uploaded more photos of him, was asked if those pictures should be tagged with Norberg's name. Shutterfly was able to recognize the distinct features of Norberg’s face and suggest the tag using facial recognition technology that improperly scans his distinct identifying features and stores that information for later use, in violation of the Illinois Biometric Information Privacy Act. In the ruling, Judge Charles Norgle of the Northern District of Illinois found that because Norberg alleged that the defendants “are using his personal face pattern to analyze and identify [him] in photographs posted to websites” and “he was not presented with a written biometrics policy nor has he consented to have his biometric identifiers used by defendants,” Norberg plausibly stated a claim for relief under the BIPA. Judge Norgle a