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August 13, 2024
Yellow Takes Teamsters' Win Over Restructuring To 10th Circ.
Yellow Corp. has asked the Tenth Circuit to revive its $137 million lawsuit accusing the Teamsters of driving the logistics firm into bankruptcy by fighting a necessary corporate restructuring, according to an appeals notice.
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August 13, 2024
HP Inks Deal To End Claims Printer Update Locked Out Rivals
HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 13, 2024
3 International Trade Cases To Watch: Midyear Report
The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.
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August 13, 2024
North Dakota Officials OK Pot Legalization Ballot Measure
North Dakota voters will have another opportunity to legalize adult-use marijuana on Election Day this November after state officials said that reformers had submitted enough signatures to qualify the question for the ballot.
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August 13, 2024
Talc Claims Land Cosmetics Giant Avon In Ch. 11
Avon Products filed for Chapter 11 protection in Delaware, saying it needs to address more than $1 billion in liabilities and allegations of injuries caused by talc in its products.
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August 12, 2024
Circle K 'Sandbagged' By Late Docs In Death Suit, Court Told
Circle K told a Florida state court Monday it should have a chance to depose several expert witnesses in a lawsuit stemming from a woman's death at a gas pump, saying attorneys representing family members "sandbagged" the company after providing dozens of new files that were demanded earlier this year.
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August 12, 2024
FTC Seeks To Undo Trimming Of Walmart Money Transfer Suit
The Federal Trade Commission has urged an Illinois federal judge to walk back a previous decision that threw out much of its suit accusing Walmart of facilitating fraud through its money transfer services, arguing its now-dismissed claims about the retail giant were held to an overly exacting standard.
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August 12, 2024
Lululemon Gets PTAB To Review Nike Flyknit Patent
The Patent Trial and Appeal Board will evaluate whether all claims of a Nike patent covering its Flyknit line of sneakers are invalid, in a challenge brought by Lululemon.
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August 12, 2024
DOJ Says Live Nation NY Suit 'Far Beyond' DC Merger Deal
The U.S. Department of Justice has urged a New York federal judge not to transfer its antitrust suit against Live Nation, arguing its allegations go well beyond the 2010 deal clearing the purchase of Ticketmaster, a deal Live Nation says warrants sending the case to Washington, D.C.
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August 12, 2024
Top 4 Trade Policy Developments Of 2024: Midyear Report
International trade continued its ascent as a national security and industrial policy tool this year, including through new sanctions aimed at isolating Russia, updated tariffs on Chinese goods, new solar import policies and an expanded definition of unfair subsidies. Here, Law360 takes a look back at the top trade policy developments of 2024 so far.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 12, 2024
UMich Sued By Reseller Over Football Season Ticket Revamp
A ticket reseller alleges that the University of Michigan used deceptive business practices to entice the company to funnel millions of dollars into the school in exchange for certain season ticketholder perks, only to abruptly reverse course, costing the plaintiff millions in future revenue.
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August 12, 2024
The Biggest Telecom Developments Of 2024: Midyear Report
The first half of 2024 saw sweeping change in the telecom sphere as the Federal Communications Commission's Democratic majority pushed through controversial net neutrality rules and confronted challenges on artificial intelligence, national security and more, but also faces the prospect of new headwinds as the nation's top court pared back powers of federal agencies.
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August 12, 2024
NLRB Official Says Justices' Ruling Doesn't Ax Injunction Bid
The U.S. Supreme Court's decision to nix a two-part legal test available to National Labor Relations Board prosecutors pursuing injunctions in some circuits and standardize the use of a four-part test will not diminish prosecutors' likelihood of winning an injunction against a Michigan hospital, an NLRB official argued.
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August 12, 2024
Lending Co. Best Egg Can Arbitrate Interest Rate Dispute
Online lender Best Egg can force arbitration of a proposed class action claiming it charged borrowers unlawfully high interest rates, with a Pennsylvania federal judge ruling an online checkbox is enough to indicate borrowers' consent to arbitrate.
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August 12, 2024
Philly Shop Blames HVAC Contractor For Fire
A boutique operating on the ground floor of a Masonic meeting hall in Philadelphia's Chestnut Hill neighborhood has filed a lawsuit in state court blaming an HVAC contractor for a 2022 fire that severely damaged the building and its business.
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August 12, 2024
Microplastics False Ad Complaint 'Doesn't Hold Water'
An Illinois federal judge has thrown out a proposed class action alleging that BlueTriton Brands Inc. doesn't tell consumers that its Ice Mountain spring water contains microplastics, saying no reasonable consumer would believe "100% natural spring water" is a guarantee down to the molecular level.
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August 12, 2024
Cannabis Drink Cos. Drop Challenge To Iowa THC Law
After failing to temporarily block an Iowa law that imposed new restrictions on hemp-derived THC consumables, two manufactures of cannabis-infused drinks have decided to drop their lawsuit seeking to upend the statute, according to a notice filed in federal court.
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August 12, 2024
Mo. Goodwill Qualifies For Charitable Property Tax Exemption
A Missouri Goodwill employing those with "barriers to employment" qualifies for a charitable purpose exemption, making it exempt from property tax, the state tax commission ruled.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 12, 2024
Big Tobacco To Pay $600M In 'Historic' Mass. Deal
Philip Morris Inc. and RJ Reynolds Tobacco Co. will pay nine-figure sums as part of a $600 million settlement between Massachusetts and major tobacco companies that resolves yearslong disputes about how much the cigarette makers owe, the state attorney general announced Monday.
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August 12, 2024
Celebrity Photo Companies Hit Ye With $1.5M Copyright Suit
Ye, the musical artist formerly known as Kanye West, was hit with a $1.5 million copyright infringement suit by two celebrity photography companies that claimed he posted at least 10 of their photos to his Instagram account and his Yeezy website without permission.
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August 12, 2024
Blink Fitness Hits Ch. 11 In Delaware With $280M Debt
Budget gym chain Blink Fitness and more than 130 affiliates filed for Chapter 11 bankruptcy protection in Delaware with $280 million in debt and plans for an asset sale.
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August 12, 2024
LL Flooring Hits Chapter 11 Amid Consumer Spending Slump
National home improvement store LL Flooring filed for bankruptcy in Delaware with some $109.6 million in funded debt, saying it plans to sell its business and reduce its footprint while in Chapter 11.
Expert Analysis
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Counterfeits At The Olympics Pose IP Challenges
With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.
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How Cannabis Rescheduling May Alter Paraphernalia Imports
The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Legal Battles Show Brands' Dilemma In Luxury Resale Trend
Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.