Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.
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SATURDAY, JANUARY 11, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Grocers Say Nothing Left To Fight In Colo. Merger Challenge

By Thy Vo

Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.

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Colo. Urges 10th Circ. Not To Vacate Air Emissions Plan

By Juan-Carlos Rodriguez

Colorado told the Tenth Circuit that a green group challenging an air emissions permitting program in the state misled a panel of judges during oral arguments by asserting that eliminating the program would resolve its concerns.

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Colo. Oil Co. Says Unfair Order Threatens Its Demise

By Tom Lotshaw

Oil and gas operator K.P. Kauffman Co. Inc. is asking a Colorado state judge to scrap a $5.8 million penalty against it, claiming regulators unlawfully imposed an unfair order that threatens to drive it into insolvency and bankruptcy.

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POLICY & REGULATION

Feds Award Millions To Tribes For Safe Water, Homes, Climate

By Crystal Owens

With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change.

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LITIGATION

Brief

Kroger Drops FTC Constitutionality Fight After Nixed Merger

By Matthew Perlman

Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.

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EXPERT ANALYSIS

5 Privacy Law Trends That Will Continue In 2025

While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.

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E-Discovery Quarterly: Rulings On Custodian Selection

Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

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LEGAL INDUSTRY

As Lawyers Face Wildfire Losses In LA, Firms Step Up To Help

By Jake Maher

Amid the tragedy of losing their homes to the wildfires engulfing Los Angeles, attorneys have found hope in the support of their firms and colleagues.

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US Legal Sector Sheds 1,200 Jobs In December

By Xiumei Dong

After three months of steady recovery, the U.S. legal sector's job growth reversed course in December, with a loss of 1,200 positions, according to preliminary data from the U.S. Bureau of Labor Statistics released Friday.

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Bonus Spotlight

Goodwin Procter Extends Bonus Season With Milbank Match

By Tracey Read

The 2024 bonus season has trickled into January, with Goodwin Procter LLP announcing it will give associates year-end and special bonuses matching those given by other BigLaw firms, Law360 Pulse confirmed Friday.

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Former SDNY US Atty Williams Returns To Paul Weiss

By Anna Sanders

Damian Williams is rejoining Paul Weiss Rifkind Wharton & Garrison LLP after four years as the U.S. attorney for the Southern District of New York under President Joe Biden, the firm announced Friday.

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Trump Avoids Jail As Judge Points To Presidential Status

By Frank Runyeon and Stewart Bishop

A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."

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Feds Want 16 Mos. For Oath Keepers' Atty In Jan. 6 Case

By Lauren Berg

A former attorney for the far-right Oath Keepers group should be sentenced to 16 months in prison for her participation in the Jan. 6, 2021, attack on the U.S. Capitol, prosecutors have told a D.C. federal judge, saying her conduct and lack of remorse warrants a significant sentence.

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Justices Seem Inclined To Uphold TikTok Sale-Or-Ban Law

By Katie Buehler

The U.S. Supreme Court seemed likely Friday to uphold a law requiring TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, despite some justices expressing concern over the law's impact on the free speech rights of Americans who use the wildly popular social media platform.

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Sen. Durbin Questions Trump AG Nominee's Lobbying

By Courtney Bublé

U.S. Sen. Dick Durbin, D-Ill., the top Democrat on the U.S. Senate Judiciary Committee, pressed federal agencies Friday to provide information on President-elect Donald Trump's attorney general nominee's past role as a foreign lobbyist ahead of her confirmation hearings next week due to concerns about possible conflicts of interest.

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Smith Appeals Injunction On Release Of Trump Report

By Carolina Bolado

Special counsel Jack Smith has notified the Eleventh Circuit that he is appealing a temporary injunction blocking the release of his final report on his investigations into President-elect Donald Trump for election meddling and retention of classified documents.

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Ga. Law Firm Latest To Fight Corporate Transparency Act

By David Hansen

A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.

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Wright Must Detail $108M Damages Claim Against Accusers

By Aebra Coe

Joshua Wright, a former commissioner of the Federal Trade Commission, must reappear for a deposition to answer previously unanswered questions posed by two women he's suing for defamation on the details of his $108 million damages claim against them, a Virginia judge ruled Friday.

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New York To Administer NCBE's NextGen Bar Exam In 2028

By Matt Perez

New York's highest court has announced the jurisdiction will adopt the Next Generation bar exam developed by the National Conference of Bar Examiners beginning July 2028.

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Litigation Funder Forms New Biz To Oversee Group Claims

By Tabitha Burbidge

Litigation funder Asertis confirmed Friday it has joined forces with law firm KP Law PC to create a one-stop shop for managing legal claims through a unique platform that offers funding, litigating and insuring services.

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Colorado Conduct Panel Dings Judges For Disclosure Lapses

By Greg Lamm

A Colorado judicial commission on Friday criticized 48 judges for failing to file state-mandated personal financial disclosure reports in 2023, saying the lapses "cast a shadow" over the state's judiciary but did not warrant public discipline because no judges were dishonest or improperly secretive.

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Law360's Legal Lions Of The Week

By Kevin Penton

Sive Paget & Riesel PC and Kaplan Martin LLP lead this week's edition of Law360 Legal Lions after the Third Circuit denied an emergency motion for an injunction to halt New York City's highly litigated congestion pricing toll program.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A new report from a national group declares that general counsel and their corporate boards face five key dilemmas in 2025, thanks to the nation's chaotic and rapidly changing times. And in sports broadcasting, Disney and two other media companies have settled Fubo's lawsuit against their joint streaming venture, which they agreed to end.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

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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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Promo that reads Law360 Pulse Global Leaders Promo that reads Associate Salary and Bonus Tracker with a photo of hundred-dollar bills above

LAW FIRMS IN TODAY'S NEWS

Aaron & Partners LLP

Arnold & Porter

Bevan Brittan

Binnall Law Group

Bleichmar Fonti

Block & Leviton

Brand Woodward

Cohen & Wolf

Cohen Ziffer

Covington & Burling

DAC Beachcroft

DLA Piper

Davis Graham

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Dentons

Desmarais LLP

Earth & Water Law

Elkins Kalt

Enyo Law

Faegre Drinker

Fields Kupka

Gibson Dunn

Goodwin Procter

Greenberg Traurig

Hancock Daniel

Hirschler

Holland & Hart

Holland & Knight

Irwin Mitchell

Jones Day

KP Law PC

Keller Postman

Kibler Fowler

Kirkland & Ellis

Latham & Watkins

Martin LLP

Mayer Brown

McCarter & English

Milbank LLP

Morgan Lewis

Morrison Foerster

NechelesLaw

O'Melveny & Myers

Paul Weiss

Pomerantz LLP

Potter Anderson

Powell Gilbert LLP

Quinn Emanuel

Reed Smith

Shakespeare Martineau

Sheppard Mullin

Sidley Austin

Sive Paget

Skadden Arps

Spector Constant & Williams

Spizzirri Law

Stephenson Harwood

Sullivan & Cromwell

Troutman Pepper

Vasseghi Law

Vorys

Wedlake Bell

Weil Gotshal

Wheeler Trigg

Williams & Connolly

COMPANIES IN TODAY'S NEWS

Abiomed Inc.

Airbnb Inc.

Albertsons Cos. Inc.

Alphabet Inc.

Amazon.com Inc.

America First Policy Institute

American Bar Association

Amscan Holdings Inc.

Associated Press

Axon Enterprise Inc.

Bank of America Corp.

Bayview Financial LP

BlackRock Inc.

ByteDance Ltd.

C&S Wholesale Grocers

Canon Inc.

Canon Medical Systems USA

Center for Biological Diversity Inc.

Coinbase Global Inc.

Community Loan Servicing LLC

Conference of State Bank Supervisors

CoorsTek Inc.

Cott Corporation

Dell Technologies Inc.

Deutsche Telekom AG

DoorDash Inc.

ESPN Inc.

Exactech Inc.

Exxon Mobil Corp.

Fort Worth Employees Retirement Fund

Garrett Motion Inc.

Harvard University

Hatch Henderson Fivel LLC

Hulu LLC

IHS Markit Ltd.

JPMorgan Chase & Co.

K.P. Kauffman Co. Inc.

King Soopers

Lakeview Loan Servicing LLC

Liverpool Victoria Friendly Society Ltd.

London Stock Exchange Group PLC

MS Amlin PLC

Major League Baseball Inc.

Major Lindsey & Africa LLC

McKinsey & Co. Inc.

Meta Platforms Inc.

Metropolitan Transportation Authority

Morgan Stanley

NASDAQ Inc.

Nikola Corp.

Robinhood Markets Inc.

Samsung Electronics Co. Ltd.

San Francisco Baykeeper

Sierra Club

TUI AG

Tesla Inc.

The DIRECTV Group Inc.

The Geo Group Inc.

The Kroger Co.

The Walt Disney Co.

TikTok Inc.

Uber Technologies Inc.

United States Steel Corp.

Verdun Oil Co.

Verkada

Warner Bros. Discovery Inc.

XCL Resources

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bank of England

Bureau of Indian Affairs

Bureau of Labor Statistics

Bureau of Reclamation

California Attorney General's Office

California Privacy Protection Agency

Committee on Foreign Investment in the United States

Delaware Court of Chancery

European Union

Federal Trade Commission

Indian Health Service

Information Commissioner's Office

Kenaitze Indian Tribe

Manhattan District Attorney's Office

National Archives and Records Administration

National Institute of Standards and Technology

New York Attorney General's Office

New York Supreme Court, New York County

Patent Trial and Appeal Board

U.S. Army Corps of Engineers

U.S. Attorney's Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

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

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

U.S. District Court for the Middle District of Tennessee

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

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

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

U.S. District Court for the Southern District of Florida

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

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

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court

United Nations

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio

Washington Attorney General's Office