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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.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
Winery Gets $666K Fees After Winning $666K Trademark Row
An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.
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July 12, 2024
2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit
Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.
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July 12, 2024
Tire Cos. Can't Pause Fish-Harming Chemical Suit
A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."
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July 12, 2024
Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit
A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 11, 2024
Ah, Geez! Fox Sues Pop-Up For Copying 'The Simpsons' Pub
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
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July 11, 2024
Kroger Asks To Delay At Least Part Of FTC Challenge
Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.
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July 11, 2024
Federal Home Booze Ban Is Unconstitutional, Judge Rules
The federal laws banning making liquor at home are unconstitutional, a Texas federal judge said Wednesday, granting a permanent injunction to a home distilling group and saying the ban goes beyond Congress' enumerated powers.
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July 11, 2024
Customers Want Domino's Kept In BIPA Voiceprint Suit
Domino's Pizza customers told an Illinois federal judge Wednesday that the chain's corporate parent should face their lawsuit over the state's biometric privacy law, saying Domino's can't shield itself given the "unusually high degree of control" it has over the subsidiaries that ultimately own the restaurants they ordered from.
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July 11, 2024
Legal Foundation Urges Justices To Limit RICO's Civil Scope
The Washington Legal Foundation on Thursday urged the U.S. Supreme Court to overturn a Second Circuit decision allowing a trucker to sue three CBD companies under the Racketeer Influenced and Corrupt Organizations Act, saying the circuit court ignored RICO's structure and purpose.
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July 11, 2024
Jurisdiction Issue May Doom Taliban-Seized Warehouse Suit
A logistics company's suit seeking $41 million in coverage after one of its warehouses in Afghanistan was seized by the Taliban will be tossed for lack of subject matter jurisdiction unless the company can cure the deficiency, which "does not appear feasible," a New York federal court ruled.
Expert Analysis
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Opinion
Farm Bill Gives Congress 2024's Biggest Enviro Opportunity
A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.
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Vaccine Accommodation Suits Show Risk Of Blanket Policies
A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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How 4 State AGs Are Shaping Data Privacy Compliance
As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.