CLASS ACTIONS (CIVIL PROCEDURE) – UNITED STATES

Foxtel, NRL, AFL face US privacy suit

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Original article by Max Mason
The Australian Financial Review – Page: 1 & 19 : 21-Aug-24

Pay-TV group Foxtel has been accused of breaching the US Video Privacy Protection Act by using Meta’s tracking pixel to send targeted advertising to people outside of Australia who subscribe to its streaming video services. The AFL and the NRL have also been named as defendents in two separate class actions, which are being heard by the US District Court of California. The class actions centre on allegations that the Watch AFL and Watch NRL websites use the tracking pixels to send data to Facebook about the content the user is watching, even if they are not logged into the social media site.

CORPORATES
FOXTEL MANAGEMENT PTY LTD, AUSTRALIAN FOOTBALL LEAGUE, NATIONAL RUGBY LEAGUE, DISTRICT COURT OF UNITED STATES

Lawyers sniff a settlement out of BHP

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Original article by Peter Ker
The Australian Financial Review – Page: 22 : 10-Aug-18

BHP Billiton has agreed to settle a class action launched by US shareholders over losses arising from the Samarco iron ore tailings dam collapse in Brazil. BHP has offered to pay $US50m ($67.2m) in compensation to settle the case, although it will not admit any liability for the disaster. Brett Spiegel of Australian law firm Phi Finney McDonald says its class action is based on similar underlying issues, adding that the US settlement has vindicated his firm’s contention that BHP had misled investors and failed to comply with disclosure requirements.

CORPORATES
BHP BILLITON LIMITED – ASX BHP, SAMARCO MINERACAO SA, PHI FINNEY McDONALD PTY LTD, FEDERAL COURT OF AUSTRALIA, MAURICE BLACKBURN PTY LTD, HERBERT SMITH FREEHILLS PTY LTD

Rio hit with class action over Mozambique

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Original article by Peter Ker
The Australian Financial Review – Page: 17 : 25-Oct-17

US law firm Hagens Berman has filed a class action against Rio Tinto regarding the valuation of the resources group’s coal assets in Mozambique. Several Australian law firms are also considering a class action lawsuit, while the US Securities & Exchange Commission recently launched legal action against Rio Tinto. The company is also facing class actions over corruption allegations in Guinea.

CORPORATES
RIO TINTO LIMITED – ASX RIO, HAGENS BERMAN SOBOL SHAPIRO LLP, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION, GREAT BRITAIN. SERIOUS FRAUD OFFICE, AUSTRALIAN FEDERAL POLICE

ASIC defends silence as US class-action lawyers circle Rio

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Original article by Peter Ker, Jonathan Shapiro
The Australian Financial Review – Page: 15 : 20-Oct-17

Greens senator Peter Whish-Wilson has criticised the Australian Securities & Investments Commission over its tardiness in responding to allegations against Rio Tinto and its former executives. This follows a move by the US Securities & Investments Commission to file fraud charges over the valuation of Rio Tinto’s former coal assets in Mozambique. US lawyers are preparing a class action against Rio Tinto, although they say disgruntled investors should be mindful of the statute of limitations and act quickly. Some Australian law firms are also considering a class action.

CORPORATES
RIO TINTO LIMITED – ASX RIO, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIAN GREENS, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION, HAGENS BERMAN SOBOL SHAPIRO LLP, BANNISTER LAW, MAURICE BLACKBURN PTY LTD, UBS HOLDINGS PTY LTD, BHP BILLITON LIMITED – ASX BHP

BHP faces US minimum wage dispute

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Original article by Peter Ker
The Australian Financial Review – Page: 18 : 26-Sep-16

BHP Billiton has been accused of underpaying security personnel in the US. A former employee of BHP contractor Chapa Gate Guard Service has claimed that the two companies did not pay the minimum wage or the correct amount of overtime pay to staff who worked at BHP’s shale sites in Texas. The woman has filed a class action and is seeking the payment of all entitlements and damages. Chesapeake Energy and Chapa Gate Guard Services are also the subject of such legal action.

CORPORATES
BHP BILLITON LIMITED – ASX BHP, CHAPA GATE GUARD SERVICES, CHESAPEAKE ENERGY CORPORATION

Big four banks sued by US funds over BBSW

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Original article by James Eyers
The Australian Financial Review – Page: 3 : 19-Aug-16

A class action launched in the US may complicate the Australian Securities & Investments Commission’s litigation against three of Australia’s big four banks. The litigants, including a derivatives trader and two hedge funds, allege in documents filed in a New York court that they suffered losses because the four major banks and Macquarie Group manipulated the bank bill swap rate. The US litigation makes a settlement between ASIC and the ANZ Bank, Westpac and National Australia Bank rather unlikely.

CORPORATES
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, MACQUARIE GROUP LIMITED – ASX MQG, AUSTRALIAN LABOR PARTY, DISTRICT COURT OF UNITED STATES. SOUTHERN DISTRICT OF NEW YORK, SONTERRA CAPITAL MASTER FUND, FRONTPOINT FINANCIAL SERVICES, MAURICE BLACKBURN PTY LTD, BANK OF NEW ZEALAND, BNP PARIBAS SA, CITIBANK CORPORATION, CREDIT SUISSE AG, DEUTSCHE BANK AG, HSBC HOLDINGS PLC, JP MORGAN CHASE AND COMPANY, ROYAL BANK OF CANADA, ROYAL BANK OF SCOTLAND GROUP PLC, UC HOLDINGS, ICAP PLC, TULLETT PREBON, MORGAN STANLEY AND COMPANY INCORPORATED, LLOYD’S OF LONDON

Vale target in US suit over dam disaster

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Original article by John Kehoe
The Australian Financial Review – Page: 11 & 16 : 10-Dec-15

The American depository receipts of Brazilian miner Vale have shed 32.5 per cent since the tailings dam failure at the Samarco iron ore joint venture. Investors who bought Vale’s shares between 21 March and 30 November 2015 will be eligible to participate in a class action launched by Bronstein, Gewirtz & Grossman. Amongst other things, the law firm claims that Vale made false statements regarding the project. Shares in Samarco’s 50 per cent owner BHP Billiton have also been heavily sold down. It is not named in the class action.

CORPORATES
VALE SA, SAMARCO MINERACAO SA, BHP BILLITON LIMITED – ASX BHP, BRONSTEIN, GEWIRTZ AND GROSSMAN, NEW YORK STOCK EXCHANGE, DISTRICT COURT OF UNITED STATES. SOUTHERN DISTRICT OF NEW YORK, BRAZIL. ENVIRONMENT MINISTRY, UNITED NATIONS, GOLDBERG AND PARTNERS INCORPORATED

Uber cases to test work laws

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Original article by Marianna Papadakis
The Australian Financial Review – Page: 9 : 5-Oct-15

Uber claims that its drivers are independent contractors rather than employees, but they have launched a class action in the US seeking to be classified as employees. Clayton Utz lawyer Saul Harben says the outcome of the case could have implication for the definition of an employee under Australia’s workplace laws. He adds that workplace laws should be amended to include a definition of what constitutes an independent contractor.

CORPORATES
UBER TECHNOLOGIES INCORPORATED, CLAYTON UTZ, AUSTRALIAN TAXATION OFFICE, AUSTRALIAN TAXI INDUSTRY ASSOCIATION, AUSTRALIAN TAXI DRIVERS ASSOCIATION, FEDERAL COURT OF AUSTRALIA, SUPREME COURT OF NEW SOUTH WALES, AIRBNB INCORPORATED, LYFT INCORPORATED, TASK RABBIT, MARQUE LAWYERS PTY LTD, AUSTRALIA. PRODUCTIVITY COMMISSION

Ashley Madison hack a feast for lawyers

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Original article by Marianna Papadakis, Katie Walsh
The Australian Financial Review – Page: 33 : 28-Aug-15

The hacking of Ashley Madison, the cheating website, is likely to lead to lawsuits in Australia. The site’s owners, Avid Life Media, are already facings hundreds of millions of dollars in damages in Canada and the United States, where two class actions alleging breach of contract, negligence and breach of privacy are pending. About 460,000 Australians may have been exposed.

CORPORATES
AVID LIFE MEDIA, AUSTRALIA. OFFICE OF THE FEDERAL PRIVACY COMMISSIONER, MARQUE LAWYERS PTY LTD, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, ALLENS, MINTER ELLISON, AON AUSTRALIA PTY LTD