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Food & Beverage
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July 17, 2024
Wahlburgers-Tied Pickle Co. Settles Rival's Labeling Spat
A pickle company told a New Jersey federal court that its suit accusing a rival of ripping off recipes to make mislabeled pickles for actor Mark Wahlberg's restaurant business has been settled.
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July 17, 2024
Whirlpool Wants To Wash Away Service Plan Repair Claims
Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.
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July 17, 2024
Jimmy John's Biometric Info Suit 'Barely' Avoids Dismissal
An Illinois federal judge refused Wednesday to toss a putative class action alleging Jimmy John's LLC unlawfully records customers via technology embedded in drive-through intercoms in violation of the state's Biometric Information Privacy Act, but he remarked on the "thinness" of the allegations and said the complaint "barely" survives.
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July 17, 2024
Ill. Judge Signals Issue With Chicken Consumers' Expert
An Illinois federal judge signaled Wednesday that he was unlikely to allow chicken end users' economics expert to testify about damages they suffered in an alleged price-fixing conspiracy if the expert cannot focus his opinion on just the conduct allowed to be heard at trial.
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July 17, 2024
NC Must Use Smithfield Foods Funds For Schools, Judge Says
North Carolina Attorney General Josh Stein can no longer get his hands on $2 million a year from Smithfield Foods to give out environmental grants to private entities after a judge ruled the state constitution requires the money to be used in public schools.
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July 17, 2024
New Mexico Adds Superfund Claims To PFAS Suit Against US
New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.
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July 17, 2024
Chamber Of Commerce Urges Justices To Limit RICO's Reach
Business groups including the U.S. Chamber of Commerce are urging the U.S. Supreme Court not to extend the scope of the Racketeer Influenced and Corrupt Organizations Act to include personal injury-related claims in civil suits, in a case over alleged false advertisement of hemp-derived CBD products.
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July 17, 2024
IHOP Owner Strikes Deal To Exit EEOC Religious Bias Suit
An IHOP restaurant agreed to pay $40,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing the business of firing a Christian cook because he asked to take Sundays off to attend church, a filing in North Carolina federal court said.
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July 16, 2024
FTC's In-House Kroger Case Delayed Until After Fed Suit
Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.
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July 16, 2024
GNC Fights Claim 'Super Magnesium' Pills Are Subpar
GNC Holdings urged an Illinois federal judge Monday to toss a proposed class action alleging it falsely touted "Super Magnesium" supplements as having 400 milligrams of magnesium despite having less than half that amount, saying a consumer lacked standing to sue by failing to allege his own purchase was deficient.
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July 16, 2024
Pollution Settlement Will Work To Restore Wash. River Habitat
An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.
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July 16, 2024
Whataburger Wants Out Of Worker's 401(k) Fund Suit
Whataburger urged a Texas federal judge to throw out a former employee's proposed class action accusing it of stocking its employees' $215 million retirement plan with poorly performing funds, saying the worker waived his right to sue when he signed a severance agreement.
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July 16, 2024
Cold Brew Co. Inks Deal To End IP Suit Against Mug Maker
A Colorado federal judge has signed off on a cold brew equipment maker and insulated mug company's request to dismiss a trademark infringement suit after the companies agreed to end the fight and pay for their own costs.
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July 16, 2024
Judge Spikes Fee Bid Pending Edible Arrangements Appeal
A Georgia federal judge is denying for now 1-800-Flowers.com's push to recover up to $4.3 million in attorney fees, as its rival Edible Arrangements LLC appeals a ruling that ended its trademark infringement suit against the company.
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July 16, 2024
Fed. Circ. Denies US Cos. Interest From Late Duty Payments
Domestic companies that are entitled to antidumping and countervailing duty payments under the now-defunct Continued Dumping and Subsidy Offset Act aren't entitled to the interest that accrues when the tariff is paid late, the Federal Circuit ruled.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Tribes Fight Red States' Bid To Halt EPA Water Rule
Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.
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July 15, 2024
Farm, Fuel Groups Challenge Feds' Land Conservation Rule
The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.
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July 15, 2024
CenterPoint To Face Class Action Over Beryl Power Outages
Personal injury attorney Tony Buzbee announced Monday that he plans to file a proposed class action against CenterPoint Energy on behalf of restaurants in Houston and Galveston, Texas, affected by power outages following Hurricane Beryl.
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July 15, 2024
9th Circ. Centers On Atty's Duties In Winery TM Feud
Ninth Circuit judges appeared skeptical Monday that a Houston lawyer could represent a prominent Napa Valley vintner while also claiming partial ownership rights to the name of its popular cabernet sauvignon, with one judge saying that conflict of interest rules for attorneys operating in California are "very strict."
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July 15, 2024
Okla. Tribes Agree To Share Hunting, Fishing Rights
Oklahoma's Five Civilized Tribes say an agreement that will allow its members to use their tribal hunting and fishing licenses to access one another's territories strengthens their sovereign rights and gives them greater autonomy over the care and preservation of the land for future generations.
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July 15, 2024
Unilever Sells Water Purification Biz To AO Smith For $120M
Water technology company A.O. Smith has agreed to buy residential water purification solutions provider Pureit from Unilever for roughly $120 million in cash, the two parties announced in separate Monday statements.
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July 15, 2024
Casino Owner Says Insurer Must Face $130M COVID Loss Suit
A casino operator with properties on the Las Vegas strip and beyond asked a Nevada federal judge to keep its $130 million COVID-19 pandemic loss coverage suit alive, arguing that its insurer presented no valid reason to end the dispute.
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July 15, 2024
Coca-Cola Docs Would Clarify Soda Risk, Mexican Group Says
A Mexican consumer advocacy group has asked a Georgia federal judge to force the Coca-Cola Company to hand over internal documents about the company's alleged efforts to manufacture scientific research that misled soda buyers about the dangerous health effects of sugary beverages.
Expert Analysis
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.