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Food & Beverage
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October 16, 2024
Judge Orders 'Starbuds' Co. To Grind Down Logo And Name
A federal judge in Manhattan has ordered a cannabis food truck to destroy all of its "Starbuds" logos, after siding with coffee giant Starbucks Corp. in a copyright infringement lawsuit.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
FTC Says Customers Must Be Able To 'Click To Cancel'
Companies will now be required to allow customers to ditch their subscriptions with a single click after the Federal Trade Commission finalized its new "click to cancel" rule, which has been years in the making.
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October 16, 2024
Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims
The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.
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October 16, 2024
Bacardi Fends Off Cuban Co.'s 'Havana Club' TM Claim
A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.
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October 16, 2024
PTAB Refuses To Review Pioneer Corn Seed Patent
The Patent Trial and Appeal Board has said it won't review a challenge to a plant utility patent owned by a unit of a DowDuPont spin-off, handing another loss to a Massachusetts plant breeding startup in a larger legal fight over seed patents between the companies.
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October 16, 2024
Fraud Probe Spoils Crop Insurance Case, 6th Circ. Rules
A Sixth Circuit panel on Tuesday affirmed dismissal of two Michigan farmers' claims against the federal government and a private crop insurer over claims of loss that have been stuck in limbo during a crop-insurance fraud investigation.
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October 16, 2024
Bottling Co. Worker's Injury Suit Sent To Pa. State Court
A Pennsylvania federal judge has remanded a Niagara Bottling LLC worker's suit over an industrial accident to state court, adopting a magistrate judge's report finding that a newly added defendant removes diversity among the parties.
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October 16, 2024
Investor Pushes 7-Eleven Parent To Consider Couche-Tard Bid
A U.S. investor in the Japanese parent company of 7-Eleven said Wednesday it is pushing the company to consider a revised buyout bid from Canada's Alimentation Couche-Tard Inc. that is said to carry a $47 billion price tag, telling Japan's Seven & i Holdings that an alternative restructuring plan the company recently revealed is "too little, too late."
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October 15, 2024
Chancery Urged To Toss Smart & Final $1.1B Sale Challenge
An attorney for funds of Ares Alternative Management Corp. told Delaware's chancellor on Tuesday a stockholder suit alleging breaches of fiduciary duty and corporate waste in a $1.1 billion sale of Smart & Final Stores Inc. failed to show disabling conflicts among company principals or advisers.
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October 15, 2024
Walmart, Execs Settle Chancery Opioid Suit For $123M
Walmart and its directors and officers have agreed to a $123 million deal to end a stockholder class derivative lawsuit in Delaware's Court of Chancery that accused the nationwide retailer of multiyear opioid prescription oversight failures, potentially resolving class claims dating to early 2020.
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October 15, 2024
Ex-'Top Chef' Hopeful Sues Over Ouster From Food Hall
A former celebrity chef who worked for a new Pittsburgh food hall is suing his ex-partner in Pennsylvania state court, claiming he was ousted for no good reason and is owed money for years of work setting up the business.
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October 15, 2024
EPA Pitches Deal For Endocrine-Disruptor Screening Suit
The U.S. Environmental Protection Agency is proposing a plan to settle a lawsuit that farmworker and environmental health groups brought over its alleged inaction on an Endocrine-Disruptor Screening Program meant to consider how pesticide chemicals may harm people's hormone systems.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 11, 2024
Ill. Judge Trims Labeling Suit Over Coca-Cola's Soda Water
An Illinois federal judge essentially halved on Friday two consumers' false advertising suit targeting artificial sweeteners allegedly found in Coca-Cola's Fresca soda water, cutting one plaintiff and one focus of their consumer fraud claims from the case.
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October 11, 2024
La. Sugarcane Cos. Skimped On Migrant Work Pay, Suit Says
Mexico residents who worked for two Louisiana sugarcane businesses have lodged a proposed class against their former employers in Louisiana federal court, alleging the companies secured the wrong temporary work visas to avoid paying higher wages and failed to reimburse preemployment expenses.
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Ill. Restaurants Fire Back At Banks' Bid To Halt Swipe Fee Law
Trade groups for restaurants and retailers have urged an Illinois federal judge to reject a proposed preliminary injunction to block a first-of-its-kind state law restricting swipe fees, arguing that relief from such fees is badly needed for small family businesses and consumers.
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October 11, 2024
Monsanto Inks $35M Deal With LA For Waterway Cleanup
Los Angeles announced Friday it inked a $35 million settlement with Bayer AG's Monsanto Co. and two other companies over their alleged contamination of the city's bodies of water with toxic chemicals, ending the 2½-year-old lawsuit, with the companies agreeing to various cleanup efforts and reimbursement for previous costs.
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October 11, 2024
Court Allows Calif. Hemp Ban To Remain In Effect
A California state judge on Friday ruled that the Golden State's new ban on hemp products with THC will remain in effect, rejecting a bid by a leading hemp industry trade organization and the cannabis brand fronted by stoner comedians Cheech and Chong to halt the emergency rules.
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October 11, 2024
Parties Look To Vacate 40-Year-Old Ore. Tribal Fishing Decree
The U.S. government, Oregon and a Native American tribe are asking a federal court to vacate a 1980 agreement that established hunting and fishing rights for the tribe, arguing that the consent decree was a product of its time and represented a distorted view on tribal sovereignty.
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October 11, 2024
M&A Dispute Triggers Could Shift Moving Into 2025
Legal disputes are a fact of life when it comes to mergers and acquisitions, but the deal provisions seen as the most likely to spur conflict have shifted since the impacts of the COVID-19 pandemic have subsided, according to attorneys surveyed in a new report from Berkeley Research Group.
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October 11, 2024
High Court Bar's Future: Stanford Law's Easha Anand
Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.
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October 11, 2024
Philly Pizzeria Owner Accused Of Dodging Taxes
A Pennsylvania pizzeria owner evaded taxes for multiple years by paying himself and employees in cash and lied about it to his accountant, the U.S. Department of Justice said in announcing charges against him.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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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.