Archives for December 2014

The U.S. Department of Justice Agrees To Help Protect Transgender People

In a memo, dated December 15, 2014, the U.S. Department of Justice publicly acknowledged it will now bring claims against public employers on behalf of workers who have been discriminated against because they are transgender.

At play is the Civil Rights Act of 1964.  Previously, the Justice Department interpreted Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex, as not covering people who do not present as the gender associated with the sex they were born with.  Reversing the department’s earlier position, the Justice Department will now interpret the Civil Rights Act as extending to protect discrimination claims based on gender identity.

The department’s decision follows closely on the heels of the executive order President Barack Obama signed in July 2015 making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity.

We are glad to see the government striving for consistent treatment of claimants throughout the government system.  While the Justice Department cannot file suit against private employers, effective January 1, 2012, private employees became protected from discrimination based on “gender identity” and “gender express” under the Fair Employment and Housing Act (“FEHA”), which allows for a private right of action.  “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

If you feel you have been discriminated against because of your gender identity, give the attorneys at Zeldes Haeggquist & Eck, LLP a call at (619) 342-8000 or contact us online.

Jive Software, Inc. (NASDAQ: JIVE)

Haeggquist & Eck a shareholder and consumer rights litigation firm, has commenced an investigation into Jive Software Inc. (“Jive Software” or the “Company”) (NASDAQ: JIVE) to determine whether Jive Software and the Company’s Officers and Directors have violated the federal securities laws or breached their fiduciary duties owed to the Company and its shareholders.

Jive Software is a Palo Alto, California based company which provides a social networking platform (the “Jive Platform”) that allows its users to create their own personal profiles, link with their co-workers, and join common interest user groups. The Jive Platform is a Facebook equivalent for use within companies.

The investigation focuses on whether Jive Software failed to disclose that its fourth quarter operating losses were dramatically increasing as a result of substantial increased spending on marketing and sales, while at the same time it was suffering a dramatic decrease in new customer growth, despite the increased spending on sales and marketing.

Specifically, while Jive Software’s 4Q 2011 revenues had increased just 53% over 4Q 2010, its operating expenses had more than doubled during that same period on a year-over-year basis, and as a result, its operating losses had skyrocketed by 85% during the fourth quarter of 2011, significantly outpacing the growth in revenue.

What You Can Do

If you purchased shares of Jive Software, you may have legal claims against the Company and/or its Officers and Directors. If you wish to discuss this investigation, or have questions about this notice or your legal rights, please contact attorney Amber L. Eck. There is no cost to you.


Zeldes Haeggquist & Eck, LLP, a shareholder and consumer rights litigation firm, has commenced a lawsuit against CytRx Corporation (“CytRx” or the “Company”) for alleged violations of the federal securities laws and other violations.  A copy of the complaint can be found here.

CytRx (NASDAQ: CYTR) is a pharmaceutical research and development company headquartered in Los Angeles, California.  The investigation focuses on allegations that CytRx hired a promoter, The DreamTeam Group, to publish favorable articles about CytRx stock without disclosing to investors that the Company had paid The DreamTeam Group to promote the stock.  An article published on March 13, 2014 on alleges that the articles were written under multiple aliases and were coordinated with the release of news from the Company in order to amplify the effect of the news on the Company’s stock price.

What You Can Do

If you purchased CytRx shares prior to this disclosure on March 13, 2014, you may have legal claims under the securities laws.  If you wish to discuss this lawsuit, or have questions about this notice or your legal rights, please contact attorney Amber L. Eck at (619) 342-8000, or by email at There is no cost to you.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Sony Electronics Lawsuit

Haeggquist & Eck, LLP has been appointed lead counsel in a nationwide consumer class action against Sony Electronics, Inc. alleging that fundamental flaws in the design and/or manufacturing process in the VAIO Touchpad Notebooks render it almost impossible to use because the touchpad is prone to cause the onscreen cursor to track in reverse, freeze; and/or engage in erratic behavior (i.e., the pointer will randomly open and close windows and programs). Nation v. Sony Electronics, Inc., Case No. 09-CV-2603 BEN (RBB) (S.D. Cal.).


January 16, 2014: On January 16, 2014, the Ninth Circuit Court of Appeals issued a ruling  that will allow the class action against Sony Electronics, Inc. to continue moving forward.

Previously, on September 25, 2013, the United States District Court for the Southern District of California issued an order granting class certification to California and New Jersey residents who allege Sony Electronics, Inc.  knowingly marketed and sold laptops containing defective touchpad components.  A redacted copy of the order can be found here.  On October 10, 2013, Sony filed a Petition for Permission to Appeal the district court’s order, arguing, among other things, that the district court committed “manifest errror” by granting class certification.  The law firms of Zeldes Haeggquist & Eck, LLP and Doyle Lowther, LLP, on behalf of the named plaintiffs and all similarly situated consumers, opposed Sony’s Petition.

On January 16, 2014, the Ninth Circuit Court of Appeals summarily denied Sony’s Petition to Appeal, citing Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005), which holds that interlocutory appeals, such as the one Sony attempted, “are generally disfavored because they are ‘disrputive, time-consuming, and expensive.’” .

“As evident by the Ninth Circuit’s decision, Sony’s Petition fell well short of establishing the ‘rare occurrence’ worthy of interlocutory review,” said Aaron Olsen of Zeldes Haeggquist & Eck, LLP.  “This is a great decision for consumers which will allow the certified class of consumers’ case to proceed toward obtaining relief for their allegedly defective Sony VAIO laptops.

October 28, 2010: On October 28, 2010, the Southern District of California issued an order upholding our class action complaint against Sony and Best Buy finding that “Plaintiffs have alleged that Sony knew about a material fact, the defective trackpad, from numerous consumer complaints, but concealed that information from Plaintiffs.” Order at 8. Plaintiffs also alleged that “if they had known about the defect, Plaintiffs never would have purchased the notebooks at the prices they paid.”Id. The Court upheld Plaintiffs’ claims for violations of the Consumer Legal Remedies Act (“CLRA”), Unfair Competition Law (“UCL”), breach of express warranty, breach of implied warranty, Magnuson-Moss Warranty Act, New Jersey Consumer Fraud Act and Florida Deceptive And Unfair Trade Practices Act.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Haeggquist & Eck LLP Announces Investigation of Suntrust Banks, Inc.

Haeggquist & Eck, LLP, a shareholder, and consumer rights litigation firm has commenced an investigation into possible breaches of fiduciary duties and other violations of law by certain officers and directors at SunTrust Banks, Inc. (“SunTrust” or the “Company”).

SunTrust (NYSE: STI) is a bank holding company headquartered in Atlanta, Georgia.  On June 17, 2014, it was announced that SunTrust agreed to pay $968 million in fines and consumer relief to settle state and federal investigations into alleged abusive mortgage practices.  Shortly thereafter, on July 3, 2014, SunTrust’s subsidiary, SunTrust Mortgage, agreed to pay $320 million to settle claims asserted by the United States Attorney for the Western District of Virginia alleging that SunTrust Mortgage harmed customers seeking mortgage loan payment modifications under the United States government’s Home Affordable Modification Program (“HAMP”).

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Haeggquist & Eck LLP Announces Investigation of SeaWorld Entertainment, Inc.

Haeggquist & Eck, LLP, is investigating SeaWorld Entertainment, Inc. (“SeaWorld” or the “Company”) (NYSE: SEAS) for potential securities law violations in connection with its April 19, 2013, Initial Public Offering (“IPO”).

SeaWorld is a theme park and entertainment company that operates three marine-life theme parks in San Diego, Orlando, and San Antonio.  SeaWorld went public in April 2013, and shares of SeaWorld stock reached $38.88 per share in May 2013.  Zeldes Haeggquist & Eck, LLP is investigating whether SeaWorld misrepresented or omitted material information from investors in connection with its IPO.

On August 13, 2014, SeaWorld reported earnings and revenue that missed analysts’ estimates. The Company also cut its sales outlook for the year and said it would announce cost-cutting initiatives in the coming days. Upon this news, the price of SeaWorld shares dropped over 30%.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

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