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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
Blue Bottle Won't Be Sanctioned Or Pay Atty Fees In TM Row
Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith."
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July 25, 2024
Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP
A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.
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July 25, 2024
AIP Buys AGCO's Grain & Protein Biz In $700M Cash Deal
Agricultural machinery company AGCO Corp., advised by Simpson Thacher & Bartlett LLP, on Thursday announced plans to sell the majority of its grain and protein business to industrial investor American Industrial Partners, led by Sidley Austin LLP, in an all-cash deal valued at $700 million.
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July 25, 2024
Trade Commission Affirms Pea Protein Import Harms
The U.S. International Trade Commission voted unanimously Thursday to find that pea protein imports from China have harmed the domestic industry, clearing the U.S. Department of Commerce to levy antidumping and countervailing duties on the goods.
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July 25, 2024
1st Circ. Leery Of Fishing Industry Challenge To Wind Farm
A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.
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July 25, 2024
Iowa Hemp THC Law Remains In Force As Injunction Bids Fail
Iowa's hemp law that imposed new restrictions on hemp-derived THC consumables can continue uninterrupted, after a federal judge on Thursday rejected two bids by the hemp industry seeking to block the statute on claims that it was unconstitutionally vague.
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July 25, 2024
CFPB Wary Of 'Junk Fees' As Lunch Money Goes Digital
The Consumer Financial Protection Bureau on Thursday flagged concerns about "junk fees" that school-contracted payment processors are charging parents to put money on their children's cafeteria accounts, casting it as part of a broader trend toward more digital payments in school settings.
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July 25, 2024
Plaintiffs Can't Expand Beef Price Fixing Suit, Court Told
Beef producers defending against antitrust claims are telling a Minnesota federal judge that a proposed class of ranchers are too late to take their newest proposed complaint to court, arguing that the case should be permanently tossed after two failed attempts to get past the pleading stage.
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July 25, 2024
USDA Drops Push To Certify Contractors' Labor Compliance
The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.
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July 25, 2024
Vintage Wine Estates Can Tap Into $60.5M DIP Financing
Bankrupt wine producer and processor Vintage Wine Estates received permission Thursday from a Delaware bankruptcy judge to begin borrowing under a $60.5 million debtor-in-possession financing package being provided by its prepetition lenders.
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July 25, 2024
Web Designer Seeks $2M Atty Fees After High Court Win
A Christian web designer and her company have asked a Colorado federal court to award her nearly $2 million in legal fees, arguing that their journey to the U.S. Supreme Court, which ruled the state can't force the designer to make wedding websites for same-sex couples, was "long, complex and ground-breaking."
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July 25, 2024
Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud
The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 25, 2024
7-Eleven Settles TM Suit Against Seven Eleven Law Group
7-Eleven Inc. and a Chicago-based law practice called Seven Eleven Law Group have settled the trademark complaint the convenience store chain filed in November, alleging the firm was infringing its mark and causing consumer confusion.
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July 25, 2024
Kroger, Albertsons Agree To Delay $25B Merger Closing
Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.
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July 24, 2024
PepsiCo, Frito-Lay Sued Over Flamin' Hot Cheetos Origin Story
A retired Frito-Lay executive previously touted as the inventor of Flamin' Hot Cheetos is suing the snack giant and its parent company PepsiCo in California state court for defamation and racial discrimination, claiming there's a "smear campaign" to discredit him that has derailed his motivational speaker career and a planned documentary.
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July 24, 2024
Eggland's Best Accused Of Lying About Hens' 'Pleasant' Digs
Egg brand Eggland's Best was hit with a lawsuit accusing it of misleading consumers by describing living conditions for certain laying hens as "pleasant" when in reality those chickens allegedly "live in typical factory farming conditions."
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July 24, 2024
Safeway Gets Early Win In Floor Co.'s SEIU Conspiracy Suit
A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.
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July 24, 2024
Peanut Allergy Death Suit Returns To Conn. State Court
Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.
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July 24, 2024
Last Holdouts Avoid Trial With Deal Over Chicken Price-Fixing
Chicken buyer plaintiffs say they've reached a settlement with Mountaire Farms and Koch Foods in their suit against the country's biggest broiler chicken producers for allegedly conspiring to raise prices, telling an Illinois federal judge to call off the trial that had been scheduled for September.
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July 24, 2024
Hemp Cos. Get Stay Of DEA Subpoenas Seeking Records
A Texas federal judge on Wednesday stayed enforcement of U.S. Drug Enforcement Administration subpoenas seeking financial and other records from a group of hemp and vape sellers, who had argued earlier this week that the subpoenas were overbroad and unlinked to any federal investigation.
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July 24, 2024
Red Lobster Accused Of Shorting Wages With Tip Credit
Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.
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July 24, 2024
Vintage Wine Estates Hits Ch. 11 With Intent To Sell Assets
Vintage Wine Estates, which owns 30 wine brands in California, Oregon and Washington, filed for Chapter 11 protection Wednesday with a plan to sell its assets after post-pandemic wine demand dropped.
Expert Analysis
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
Anti-DEI Complaints Filed With EEOC Carry No Legal Weight
Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.