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May 21, 2024
Calif. Justices Mull COVID-19 Business Interruption Coverage
Counsel for Sentinel Insurance urged the California Supreme Court on Wednesday to reverse an appellate court's finding that a San Francisco restaurant's policy covered COVID-19 business interruption losses, disputing that court's finding that the policy's promise of virus coverage would otherwise be "illusory."
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May 21, 2024
9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute
A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters.
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May 21, 2024
Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge
Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.
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May 21, 2024
Foxwoods Restaurant Servers Win Class Cert. in Wage Feud
A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.
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May 21, 2024
Molson Coors' Mimosas More Water Than Wine, Suit Says
Two consumers hit Molson Coors Beverage Co. with a proposed class action Monday in Missouri federal court, alleging that the company's mimosa drinks are misbranded because they are not made with sparkling wine but rather made with sparkling water and sugar and contain only small amounts of orange juice.
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May 21, 2024
Va. Judge Ships Splenda IP Suit Against Peet's To Calif.
A Virginia federal judge has agreed to ship a lawsuit accusing Peet's Coffee Inc. of breaching trademark laws across the country to California federal court, finding that the companies that brought the claims aren't connected enough to the Old Dominion.
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May 21, 2024
Red Lobster Gets OK To Tap $40M Ch. 11 Loan
A Florida bankruptcy judge Tuesday gave seafood chain Red Lobster interim permission to draw on $40 million in Chapter 11 financing the company says is necessary to keep its restaurants running while it seeks a sale.
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May 21, 2024
GAO Denies Sysco's Protest Of Up-To $126M Subsistence Deal
The U.S. Government Accountability Office denied a Sysco unit's protest of an up-to $126 million defense subsistence supply deal, saying the company failed to show the Defense Logistics Agency had to consider the awardee's performance on a similar interim deal.
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May 21, 2024
22 States Tell 11th Circ. Corp. Transparency Act Goes Too Far
The federal Corporate Transparency Act unconstitutionally displaces state authority and its enforcement would economically harm states and their residents, attorneys general from 22 states told the Eleventh Circuit, urging it to uphold a ruling that struck down the law.
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May 21, 2024
Tuna Buyers Seeking $1B In July Price-Fixing Trial
Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.
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May 21, 2024
Some DOL Informers To Be Disclosed In Fishery Wage Case
A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.
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May 21, 2024
3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack
An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage.
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May 21, 2024
Houston Club Asks Court To Halt Storm Damage Demolition
A Houston nightclub damaged in last week's severe storm told a Harris County court Monday that city officials improperly declared that the building should be demolished.
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May 21, 2024
Boston Eateries Say They've Shown Proof Of Anti-Italian Bias
A group of restaurant owners in Boston's North End, the city's version of "Little Italy," reinforced their argument to a federal judge that anti-Italian bias was behind an on-street outdoor dining ban in the neighborhood.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Kraft Hit With False Ad Suit Over Citric Acid In Mac & Cheese
The Kraft Heinz Food Co. was hit with a proposed class action by a customer who alleges that the company falsely labels its Kraft Mac & Cheese products as containing no preservatives despite citric acid being part of the ingredients list.
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May 20, 2024
Transparency Act Violates Constitution, Groups Tell 11th Circ.
The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.
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May 20, 2024
FTC Says Albertsons Execs Deleted Texts In Kroger Case
Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.
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May 20, 2024
Fed. Circ. Blesses Commerce's Tariffs On Spanish Olives
The Federal Circuit on Monday upheld the U.S. Department of Commerce's countervailing tariffs on Spanish table olives, backing the department's determination that the businesses that processed raw olives into table olives benefited from the subsidies given to the farmers.
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May 20, 2024
Local Governments Seek Sanctions For PBMs In Opioid MDL
Four municipalities are asking an Ohio federal court overseeing the national opioid litigation to sanction pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., saying they've willfully defied the court's order to provide complete responses to discovery requests.
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May 20, 2024
NLRB Attys Say Mich. Starbucks Injunction Row Must Proceed
The U.S. Supreme Court's pending decision over a National Labor Relations Board injunction standard shouldn't pause a Michigan federal court case against Starbucks seeking reinstatement of fired employees, the board argued Monday, saying a stay would be detrimental to the workers' interests.
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May 20, 2024
Ga. Court Sends Fatal Restaurant Shooting Suit To Trial
The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.
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May 20, 2024
Agri Stats Can't Pause DOJ Antitrust Suit Discovery
Agri Stats can't press pause on discovery while the Minnesota federal court overseeing the U.S. Department of Justice's antitrust case against it decides whether to toss the enforcement action accusing the data compiler of helping meat processors swap sensitive business information.
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May 20, 2024
Domino's Franchisee Gets Year In Prison In $2.5M Tax Case
The owner of dozens of Domino's Pizza restaurants was sentenced to a year in prison Monday and ordered to pay $2.5 million to the Internal Revenue Service after having admitted he filed false tax returns, the U.S. Department of Justice said.
Expert Analysis
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Trends Shaping The 2024 Consumer Packaged Goods Industry
The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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9th Circ. Scienter Ruling May Strengthen FDA's Leverage
A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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Starbucks Raise Ruling Highlights Labor Law Catch-22
A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.