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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Farmworkers Union Wins Partial Block Of DOL Wage Rules
A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
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July 05, 2024
Unilateral Climate Policies Threaten Trade, WTO Deputy Says
Touting a new trade agreement between Costa Rica, Iceland, New Zealand and Switzerland, a World Trade Organization deputy director-general said the multilateral system is at a crossroads where more countries must work together to address the link between trade and climate change or risk harming progress on both fronts.
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July 05, 2024
Cannabis Co. Trulieve Settles Suit Against Ex-CFO
A federal judge has agreed to toss with prejudice a lawsuit Trulieve, Florida's largest medical marijuana company, filed against one of its former executives accusing him of misusing hundreds of thousands of dollars of company money, after both sides reached some kind of deal.
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July 05, 2024
3rd Circ. Preview: Ponzi Scheme, Merck Vaccine Heat Up July
The Third Circuit's July argument schedule is sizzling with several high-stakes cases, including two whistleblowers attempting to make drugmaker Merck answer for allegedly inducing the U.S. government to pay for substandard mumps vaccines.
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July 03, 2024
Broiler Chicken Buyers' Attys Get $51.6M Fees In Antitrust Suit
An Illinois federal judge overseeing sprawling antitrust litigation against broiler chicken producers awarded class counsel more than $51.6 million in attorney fees in a $181 million deal for chicken buyers after the initial $57 million award was tossed by the Seventh Circuit last year, according to an order Wednesday.
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July 03, 2024
Restaurant Group Gets Another Shot At TM Suit Against Hotel
The Fifth Circuit has revived a trademark infringement case in which restaurant chain Lettuce Entertain You Enterprises accused Hotel Magdalena Joint Venture of ripping off its summer-themed branding, finding that the lower court didn't apply the right standard properly.
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July 03, 2024
Appliance Co. Must Face Stove Pollutant Risk Claims
Sub-Zero Group Inc., a maker of luxury kitchen appliances, can't get out of a proposed class action accusing it of selling gas stoves that emit pollutants, a Wisconsin federal judge has ruled, saying federal energy efficiency laws do not "at this point" invalidate the state law claims.
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July 03, 2024
Cooley DQ'd From IP Case Over Atty's Past Patent Work
Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.
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July 03, 2024
'Real Housewives' Figure Pleads Guilty To $2.5M Tax Offense
A former cast member of a "Real Housewives" TV series and owner of several restaurants and nightclubs in multiple states admitted in a North Carolina federal court to failing to pay over $2.5 million in employment taxes, the U.S. Department of Justice said.
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July 03, 2024
'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory
The Seventh Circuit on Wednesday revived a class action accusing Walmart of systematically posting lower prices on shelves than it actually charges, rejecting the retailer's argument that the onus is on customers to keep track of prices as they're juggling various distractions during checkout.
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July 03, 2024
Hartford Unit Says Software Co. Not Covered For BIPA Claims
A Hartford unit told an Illinois federal court that a software company isn't owed coverage for two underlying class actions alleging that its software was used by two different restaurant chains to collect customers' biometric information, arguing that the alleged Biometric Information Privacy Act violations aren't covered under its policies.
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July 03, 2024
Feds Must Act On Right Whale Protections, Green Groups Say
Conservation groups are pushing a D.C. federal judge to order the National Marine Fisheries Service to act on a proposal meant to reduce the number of vessels killing and injuring North Atlantic right whales, saying its inaction is helping push the imperiled species toward extinction.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
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July 02, 2024
Justices Told Fed. Circ. Nullified Limits On PTAB Evidence
Manufacturer Provisur Technologies Inc. has asked the U.S. Supreme Court to review a Federal Circuit decision reviving rival Weber Inc.'s challenge to Provisur's food slicer patents, saying the appellate court flouted precedent that limits the evidence available in Patent Trial and Appeal Board cases.
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July 02, 2024
Amway Parent Inks $1.5M Deal To End Retirees' 401(k) Suit
Amway's parent company will pay over $1.5 million to resolve a class action claiming it loaded its employee 401(k) plan with shoddy investments and excessive fees, plan participants leading the suit told a Michigan federal court.
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July 02, 2024
Levi & Korsinsky Appointed Lead In Instacart Pre-IPO Action
Levi & Korsinsky LLP has been appointed lead counsel for the investors in a suit alleging the grocery delivery company Instacart misrepresented its growth potential in the lead-up to its initial public offering.
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July 02, 2024
Grocer Wants Its Workers Out Of Peanut Allergy Death Suit
Grocery chain Stew Leonard's told a Connecticut federal judge on Tuesday that there is "not a potentially plausible claim" against the eight of its individual employees named in a lawsuit brought by the family of a consumer who died after eating a cookie she bought that had not been labeled as containing peanuts.
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July 02, 2024
Butterball Must Face NC Worker's Assault Suit In State Court
The North Carolina Court of Appeals ruled Tuesday that a lawsuit accusing turkey processor Butterball of failing to stop a worker's assault can't be resolved administratively because the injuries didn't occur in the course of the employee's work.
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July 02, 2024
Jollibee Buying Compose Coffee Majority Stake In $340M Deal
Filipino global food chain Jollibee Foods Corp. disclosed in a securities filing Tuesday it is acquiring 70% of South Korean coffee franchise Compose Coffee at a roughly $340 million valuation, through its wholly owned subsidiary Jollibee Worldwide Pte.
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July 02, 2024
Commerce Finds No Proof Of Mexican Coolants' Duty Evasion
The U.S. Department of Commerce found little evidence to support claims that Chinese cooling chemicals were being mixed in Mexico to dodge duties on a particular refrigerant, the agency announced following its preliminary circumvention inquiry.
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.