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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
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August 19, 2024
Pilgrim's Pride Agrees To Pay $100M In Chicken Farmers' Suit
Pilgrim's Pride will pay $100 million to broiler chicken farmers to settle claims it conspired with other competitive chicken producers to suppress farmer compensation, according to the plaintiffs' preliminary approval bid filed Friday in Oklahoma federal court.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Colo. Justices Won't Hear Cheese Heiress' Appeal
The Colorado Supreme Court on Monday declined to hear an appeal from a minority owner of a private, $5 billion cheese company in her case against the company's former CEO, who is also her uncle, in her failed billion-dollar suit over alleged shareholder oppression.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Aramark Gets Green Light For Solo Turkey Antitrust Case
An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.
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August 19, 2024
Civil Rights Activist's Name Being Stolen For Diner, Suit Says
The fight over the name of a New Jersey diner has spilled into federal court, with the family of a former operator and Garden State civil rights icon claiming the now-owners of the building home to the eponymous "Mr. G's" can't reopen it with the same name.
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August 19, 2024
Insurer Blames Panda Express Grease For $176K Water Leak
An insurer demanded Chinese fast food chain Panda Express Inc. repay it more than $176,000 for damages allegedly caused when the restaurant's grease-filled pipes backed up, leaking water into a clothing store covered by the insurer, in a case the eatery moved to Washington federal court.
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August 19, 2024
Calif. Lawmakers Decline To Advance Hemp THC Law
A California bill that would have imposed new THC limits on hemp consumables is unlikely to become law this year, after lawmakers declined to move it out of committee.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Recipe Changing For NYC Restaurant Wage Suits
After years of million-dollar settlements with their waiters and front-of-house staff, most of New York’s large restaurants have equipped themselves with attorneys and compliance pros to head off potential lawsuits, while mom-and-pop eateries often struggle to keep up with evolving wage and tipping rules.
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August 19, 2024
7-Eleven Parent Confirms Canadian Takeover Offer
The parent company of 7-Eleven said Monday that it has received a preliminary takeover proposal from Canada-based Alimentation Couche-Tard, a revelation that comes a year after the business faced activist pressure.
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August 16, 2024
9th Circ. Throws Alaska Fishers A Lifeline In Orca Food Case
Alaskan salmon fishers got the green light to continue their hunts as the Ninth Circuit on Friday said a Washington federal judge "glossed over" severe economic consequences in holding that the fishing illegally reduced a food source for endangered orcas in Washington state.
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August 16, 2024
PepsiCo Can't Nix Suit Over Gatorade Bars' 'Health Halo'
A California federal judge trimmed but declined to toss a putative consumer class action alleging PepsiCo created a "deceptive health halo" around its Gatorade brand protein bars, ruling that three self-proclaimed fitness enthusiasts plausibly alleged reasonable consumers could be misled by the company's marketing, ads and labels.
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August 16, 2024
Burger King Sued For Books In Del. On Big Site Buy
Burger King investors filed a Delaware Court of Chancery lawsuit Friday seeking a look at the burger chain's books and records on the merger with its parent company, Restaurant Brands International Inc., arguing the information is necessary to confirm whether the deal was fair.
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August 16, 2024
Servers Get Partial Win In Tip Suit Against Restaurant Chain
Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.
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August 16, 2024
9th Circ. Upholds Tribe's Win In Washington Dam Suit
The Ninth Circuit on Friday upheld an order requiring that a Washington hydroelectric company alter its rock pile dam on the Puyallup River, handing another win to the Puyallup Tribe of Indians, which says the dam is threatening several species of endangered fish.
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August 16, 2024
TCJA's Estate Tax Treatment Shouldn't Change, Panel Told
If the Tax Cuts and Jobs Act's estate tax exemption increase is allowed to lapse in 2025, many family farms in the Midwest would face tough choices, including whether to sell to large corporations, panelists told the House of Representatives' Ways and Means Committee on Friday.
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August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
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August 16, 2024
Mass. Dunkin' Franchise Sued Over Hot Coffee Spill
A Massachusetts Dunkin' franchise was hit with a lawsuit by a customer who said he was seriously burned when the lid came off his coffee as an employee handed it to him at the drive-thru window in May.
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August 16, 2024
Atty Gets 32 Months In Prison For Bribing Chicago Alderman
An Illinois federal judge on Friday sentenced an immigration attorney and real estate developer convicted of bribing former Chicago Alderman Ed Burke to two years and eight months in prison, maintaining prison time is warranted because the lawyer initiated the bribe and tried to hide it from federal agents and the grand jury.
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August 16, 2024
NC AG Readies Appeal In Fight Over Smithfield Foods Funds
North Carolina Attorney General Josh Stein is taking a fight over millions of dollars in environmental grants to the state appeals court, after a trial judge found the funds should be exclusively set aside for use in public schools.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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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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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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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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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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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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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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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.