The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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TOP NEWS

Divided FTC Won't Delay Kroger-Albertsons In-House Case

By Bryan Koenig

The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.

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Wine Distribution Giants Must Face Provi's Antitrust Suit

By Lauraann Wood

The nation's two largest wine and distilled spirits distributors must face unfair competition claims from an online marketplace accusing them of illegally trying to stifle competition and shut it out of the market, an Illinois federal judge determined Thursday.

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Commerce Pours Up 203% Duties For Chinese Wine Bottles

By Jennifer Doherty

The U.S. Department of Commerce set early duties of 202.70% on wine bottles made by eight Chinese manufacturers who did not respond to the agency's questions, while the lone cooperator landed a preliminary rate of 21.14%.

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Bottler Says It's Owed Defense In Wine Contamination Dispute

By Ganesh Setty

A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.

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POLICY & REGULATION

USDA Should Redo $44M Software Order Again, GAO Says

By Madeline Lyskawa

The Government Accountability Office publicly released a decision on Thursday in support of a company's protest of a $44.2 million Department of Agriculture task order for software support for conservation-related programs, concluding the order was not properly issued.

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Okla. Tribes Say Bills Won't Deter Poultry Biz From Polluting

By Crystal Owens

The Inter-Tribal Council of the Five Civilized Tribes says two bills working their way through the Oklahoma Legislature don't go far enough to deter the poultry industry from polluting and threaten to undo decades of progress toward improving water quality.

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Honduran Workers Say Carnival Overworked, Underpaid Them

By Alyssa Aquino

Two Honduran seasonal workers have filed suit in a Virginia federal court, saying they were forced to work 80 hours a week assembling and disassembling rides for a traveling carnival for only a little more than $400 a week.

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BANKRUPTCY

Grocery Automation Biz Files Ch. 11 With $13M In Debt

By Rick Archer

E-grocery automation system maker Takeoff Technologies filed for Chapter 11 protection Thursday in Delaware bankruptcy court with nearly $13 million in debt, saying that, after eight years in business, it had been unable to generate the cash flow it needed to turn a profit.

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EXPERT ANALYSIS

Perspectives

Trauma-Informed Legal Approaches For Pro Bono Attorneys

As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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LEGAL INDUSTRY

Orrick Leads List Of Top Law Firms For Women, Diversity

By Aebra Coe

Talent strategies firm Seramount released its latest list of the 45 best law firms for women and diversity this week, with the 2024 cohort of winners showing strides over previous years in representation, advancement and benefits for lawyers who are women or from other underrepresented groups.

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Houston Judge's Vast Display Reflects 25 Years On Bench

By Catherine Marfin

Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.

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Analysis

In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench

By Jeff Overley

At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.

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Orrick's $8M Deal To End Data Breach Claims Nears Prelim OK

By Bonnie Eslinger

A California federal judge indicated Friday that she'll preliminarily approve Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a 2023 data breach that purportedly exposed personal information for 638,000 individuals, but said the "very broad" scope of the settlement's release "raised my eyebrows."

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Smith Gambrell Faces Slimmed Data Breach Suit

By Emily Sawicki

A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.

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Analysis

Del. Chancellor Questions 'Rush' To Amend Corporation Law

By Jeff Montgomery

Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.

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Trump Condemns NY Trial As Verdict Echoes In DC

By Rachel Scharf

A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.

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Trump's New York Prosecutors Called To House Hearing

By Courtney Bublé

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.

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Disbarring Giuliani Would 'Protect The Public,' DC Panel Says

By Alison Knezevich

A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."

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Texas Judge Opts Not To Recuse And Tosses Chamber Suit

By Emily Sawicki

A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.

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Illinois Strengthens Atty Ethics Rules For Harassment, Bias

By Celeste Bott

The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.

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DOJ Looks To End A Legacy Of Bias In Sex Assault Cases

By Hannah Albarazi

The U.S. Department of Justice says that legal fallacies and misogynistic stereotypes often lead prosecutors to decline to charge alleged perpetrators of sexual violence, but new guidance from the department is pushing prosecutors to give more credence to victims and see that their claims are more thoroughly investigated.

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Law360's Legal Lions Of The Week

By Kevin Penton

Brewer Attorneys & Counselors, the American Civil Liberties Union Foundation and attorneys Eugene Volokh and Alan Morrison lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that the National Rifle Association can proceed with certain claims in the gun rights group's lawsuit against a former New York state official.

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The Top In-House Hires Of May

By Michele Gorman

Legal department hires during the last full month of spring included high-profile appointments at Southwest, Hormel and UnitedHealth. Here, Law360 Pulse looks at some of the top in-house announcements from May.

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Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

By David Steele

In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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COMPANIES IN TODAY'S NEWS

Acelyrin Inc.

Albertsons Cos. Inc.

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

American Civil Liberties Union

American Constitution Society

Apple Inc.

BHE Renewables LLC

Bank of America Corp.

Berkshire Hathaway Energy GT&S

Broadway Financial Corp.

Business Roundtable

CVS Health Corp.

Capri Holdings Ltd.

Conagra Brands Inc.

ConocoPhillips Co.

Costco Wholesale Corp.

Delaware State Bar Association

DiamondRock Hospitality Company

Essex Property Trust Inc.

Exxon Mobil Corp.

FedEx Corp.

First Bank (Hamilton, NJ)

Harvard University

Hertz Global Holdings Inc.

Hormel Foods Corp.

Hospira Inc.

Hulu LLC

Huron Consulting Group Inc.

Illinois State Bar Association

International Business Machines Corp.

Jersey Mike's Subs

Johnson & Johnson

Legal Aid Justice Center

Lumen Technologies Inc.

Marathon Oil Corp.

Mars Inc.

Michael Kors Holdings Ltd.

Moelis & Co.

NBCUniversal Media LLC

NFL Enterprises LLC

National Collegiate Athletic Association

National Rifle Association of America

New York University

North Carolina Justice Center

People For the American Way

Pfizer Inc.

Pioneer Natural Resources Co.

Republic National Distributing Co.

Rhode Island Legal Services Inc.

Ryan LLC

Southern Glazer's Wine & Spirits LLC

Southwest Airlines Co.

Tapestry Inc.

The Boeing Co.

The District of Columbia Bar

The Kroger Co.

The PNC Financial Services Group Inc.

The Procter & Gamble Co.

Trump Organization Inc.

Twitter Inc.

U.S. Chamber of Commerce

UnitedHealth Group Inc.

Wells Fargo & Co.

World Wrestling Entertainment Inc.

Xcel Energy Inc.

LAW FIRMS IN TODAY'S NEWS

ASK LLP

Aidala Bertuna

Alston & Bird

Arnold & Porter

Baker Donelson

Baker McKenzie

Beyers Costin

Blank Rome

Boies Schiller

Brewer Attorneys

Buchanan Ingersoll

Butler Curwood

Chaffe McCall

Chapman & Cutler

Clark Hill

Clifford Chance

Cole & Van Note

Corr Cronin

Cozen O'Connor

Crowell & Moring

DLA Piper

Davis & Wright

Davis Wright Tremaine LLP

Debevoise & Plimpton

Dechert LLP

Dentons

Dickinson Wright

Donahue Fitzgerald

Dorsey & Whitney

Faegre Drinker

Federman & Sherwood

FeganScott

Finkelstein Blankinship

Foley & Lardner

FordHarrison

Fox Rothschild

Frankfurt Kurnit

Gibson Dunn

Gupta Wessler

Hanson Bridgett

Holland & Knight

Holwell Shuster

Husch Blackwell

Jones Day

Kakalec Law

Kaplan Hecker

Katz Banks

King & Spalding

Kirkland & Ellis

Kopelowitz Ostrow

Latham & Watkins

Lathrop GPM

Lowenstein Sandler

McCarter & English

MoloLamken

Morgan Lewis

Morrison Foerster

Neal Gerber

Norton Rose

Orrick Herrington

Orsinger Nelson

Paul Weiss

Perkins Coie

PilieroMazza

Potter Minton

Quinn Emanuel

Richards Layton

Ropes & Gray

Sheppard Mullin

Shook Hardy

Sidley Austin

Simpson Thacher & Bartlett LLP

Smith Gambrell

Stinson LLP

Stokes Lawrence

Sullivan & Cromwell

Troutman Pepper

Tucker Ellis

Tycko & Zavareei

Vedder Price

Wachtell Lipton

Weil Gotshal

Wiley Rein

Williams & Connolly

WilmerHale

Wilson Elser

Winston & Strawn

Wolf Haldenstein

Wucetich & Korovilas

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Commonwealth of Kentucky

Delaware Court of Chancery

Federal Trade Commission

House Committee on Agriculture

Illinois Supreme Court

International Trade Administration

International Trade Commission

Lac du Flambeau Band of Lake Superior Chippewa Indians

Manhattan District Attorney's Office

Massachusetts Supreme Judicial Court

National Labor Relations Board

Oklahoma Legislature

U.S. Attorney's Office

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the District of Delaware

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Oregon

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Government Accountability Office

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of West Virginia