The Second Circuit on Thursday affirmed a lower court's dismissal of a trademark suit against PepsiCo, saying in a summary order that the beverage company's "Mtn Dew Rise Energy" did not infringe the mark of nitro-brewed canned coffee drinks called "Rise."
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SATURDAY, DECEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

2nd Circ. Affirms PepsiCo Win In TM Fight Over Energy Drink

By Ivan Moreno

The Second Circuit on Thursday affirmed a lower court's dismissal of a trademark suit against PepsiCo, saying in a summary order that the beverage company's "Mtn Dew Rise Energy" did not infringe the mark of nitro-brewed canned coffee drinks called "Rise."

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Juice Co. Pres. Supplied Tainted Drink To Low-Income Students

By Jonathan Capriel

A Washington-based fruit juice company executive pled guilty to charges related to selling tainted juice — some of which found its way into free or low cost lunches provided to students from low-income households — federal prosecutors announced on Thursday along with her nearly $750,000 penalty.

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House Rejects 3-Month Funding Bill Despite Trump Support

By Daniel Wilson

The U.S. House of Representatives on Thursday rejected a three-month temporary funding deal that would have staved off a government shutdown and had been hastily introduced after President-elect Donald Trump criticized an earlier proposed continuing resolution.

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Michigan's Biggest Decisions Of 2024

By Carolyn Muyskens

This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

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LITIGATION

Uber Sues Seattle Over Courier Account Deactivation Law

By Rae Ann Varona

A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.

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Brief

Chicken Soup Settles $3.1M Pet Food Feud Wth Alphia

By Brian Steele

Chicken Soup for the Pet Lover's Soul Inc. has settled a Connecticut lawsuit that accused it of breaching a deal with a manufacturer to buy more than 1.3 million pounds of pet food every month between October 2023 and September 2024, state court records show.

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PEOPLE

In-House Vet Helps Norton Rose Grow In Denver

By Adrian Cruz

An experienced in-house attorney who most recently served as general counsel of real estate developer MDC Holdings has joined Norton Rose Fulbright's Denver office as senior counsel in its corporate, mergers and acquisitions, and securities practice.

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EXPERT ANALYSIS

2024's Most Notable FTC Actions Against Dark Patterns And AI

In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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LEGAL INDUSTRY

MoFo, Irell Latest Firms To Unveil Competitive Bonuses

By Aebra Coe & Hailey Konnath

Morrison Foerster LLP and litigation boutique Irell & Manella LLP have joined a chorus of firms announcing associate bonuses that meet or exceed the BigLaw standard for associate bonuses this year, with MoFo offering up to $218,200 and Irell handing its lawyers as much as $175,000.

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Podcast

Approach The Bench: What Judges Had To Say This Year

By Cara Bayles

Jurists weighed the benefits of partisan elections, praised innovations in telehearings and worried about the future of the profession in nearly a dozen interviews with Law360 this year.

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Gunster $8.5M Data Breach Deal Needs More Info, Judge Says

By Matt Perez

A Florida federal judge this week denied preliminary approval of an $8.5 million settlement in a data breach class action against Gunster and demanded more information on payouts, the plaintiffs' standing in the case and a historical breakdown of settlement rates.

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NJ Bar's Diversity Plan Isn't Biased, Panel Says

By Tracey Read

A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.

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If Gov't Shuts Down, Judiciary Will Be Funded Until Jan. 10

By Courtney Bublé

If there is a government shutdown, the federal judiciary would be funded at least until Jan. 10, the Administrative Office of the U.S. Courts said Friday.

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Analysis

How Lawyers May Sue The Trump Administration … Again

By Cara Bayles

During the last Trump administration, BigLaw firms challenged White House policies, focusing on immigration, environmental regulations and healthcare. This time around, attorneys could rely on old tools, and some new tactics, to stall the executive branch.

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Biden Exceeds Trump's Record On Judges By One

By Courtney Bublé

The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.

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High Court Bar's Future: Williams & Connolly's Sarah Harris

By Katie Buehler

Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

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No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge

By Bryan Koenig

A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.

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Feature

Litigator On The Roof: The Acting, Singing Mass. Solicitor

By Chris Villani

The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

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Hagens Berman Settles Suit Over Effexor Deal Atty Fees

By Bryan Koenig

A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

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Q&A

A Judge Reflects: West Wing Call, 'Alford Plea?' Early Exit

By Hayley Fowler

When Chief Judge Louis A. Bledsoe III of the North Carolina Business Court hangs up his robes for the last time on Dec. 31, he'll leave behind a white-hot docket of high-profile cases and a profusion of opinions that helped mold the court into a tribunal fit to rival Delaware's Court of Chancery.

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Law360's Legal Lions Of The Week

By Andrea Keckley

This week's Legal Lions leader comes from the public sector, as federal prosecutors secured a $650 million settlement from McKinsey & Co. to resolve a lawsuit over the consulting giant's role in Purdue Pharma's promotion of OxyContin.

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

By Max Austin

This past week in London has seen the University of Southampton sue a drone-maker over the rights to an uncrewed aircraft patent, Importers Service Corp. and its subsidiary ISC Europe take action against a former director who allegedly owes the company over £1.1 million ($1.4 million), and DAC Beachcroft face a fraud claim by a "prolific litigant." 

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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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COMPANIES IN TODAY'S NEWS

Alphia Inc.

Amazon.com Inc.

American Civil Liberties Union

American Constitution Society

Apple Inc.

Association of Corporate Counsel

Atlantic Coast Conference

BNP Paribas SA

Beazley PLC

Blue Cross Blue Shield Association

Blue Cross Blue Shield of Michigan Inc.

Boy Scouts of America

British American Tobacco PLC

Care.com Inc.

Cincinnati Financial Corp.

Democracy Forward Foundation

Duke Energy Corp.

Essity AB

Federalist Society

Ford Motor Co.

GP Global

Google LLC

Gulf Petrochem FZC

Judicial Watch Inc.

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

M.D.C. Holdings Inc.

Major Lindsey & Africa LLC

McKinsey & Co. Inc.

Meadow

Microsoft Corp.

Mozilla Corp.

Natixis SA

New Jersey State Bar Association

Our Children's Trust

PepsiCo Inc.

Pfizer Inc.

Prime Healthcare Services Inc.

Princeton University

Purdue Pharma LP

ROC Nation LLC

Reynolds American Inc.

Saint-Gobain SA

Samsung Electronics Co. Ltd.

Spotify Technology SA

Starr International Co. Inc.

Teva Pharmaceutical Industries Ltd.

The New York Times Co.

The Royal Bank of Scotland Group PLC

The Walt Disney Co.

TikTok Inc.

Twitter Inc.

Uber Technologies Inc.

United Steelworkers

UnitedHealth Group Inc.

Valero Energy Corp.

Walmart Inc.

Walt Disney Parks & Resorts Worldwide Inc.

Wells Fargo & Co.

Western Environmental Law Center

LAW FIRMS IN TODAY'S NEWS

Addleshaw Goddard

Ahmad Zavitsanos

Akerman LLP

Alston & Bird

American Center for Law & Justice Inc.

ArentFox Schiff LLP

Armstrong Teasdale

Arnold & Porter

Barrett Law Group

Blacks Solicitors

Brito PLLC

Buchanan Firm

CMS Cameron McKenna

Charles Russell Speechlys

Choate Hall

Covington & Burling

Cravath Swaine

DAC Beachcroft

Davis Wright Tremaine

Dechert LLP

Diserio Martin

Etter McMahon

Fenchurch Law

Fennemore Craig

Fieldfisher

Fisher & Phillips

Forsters LLP

Fried Frank

Gatehouse Chambers

Gibbons PC

Gibson Dunn

Glancy Prongay

Glenn Agre

Goodwin Procter

Gowling WLG

Graubard Miller

Greenberg Traurig

Gunster Yoakley

Gupta Wessler

Hadsell Stormer

Hagens Berman

Halunen Law

Haynes & Boone

Hellmuth & Johnson

Hogan Lovells

Holman Fenwick

Holwell Shuster

Hueston Hennigan

Hugh James

Husch Blackwell

Irell & Manella

Jenner & Block

Jones Day

Keker Van Nest & Peters

Kelley Drye

Kerr Russell

Kirkland & Ellis

Kutak Rock

Latham & Watkins

Law Office of Rajeh A. Saadeh

Law Offices of Jeffrey Hellman

Litigation Practice Group

Mayer Brown

Milbank LLP

Morgan & Morgan

Morgan Lewis

Morrison Foerster

Nabarro LLP

Norton Rose

O'Melveny & Myers

Orrick Herrington

Patterson Belknap

Paul Weiss

Paynter Law Firm

Perkins Coie

Plunkett Cooney

Quinn Emanuel

Reynolds Porter

Robinson Bradshaw

Ropes & Gray

Ross Aronstam

Roythornes Solicitors

Sanford Heisler

Sidley Austin

Skadden Arps

Spector Constant & Williams

Sullivan & Cromwell

Summit Law Group

TLT LLP

Trenk Isabel

Trowers & Hamlins

Vartabedian Hester

Ward Hadaway

White & Case

Wiley Rein

Wilkinson Stekloff

Williams & Connolly

WilmerHale

Wilson Sonsini

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

City Council of Seattle

Commodity Futures Trading Commission

Companies House

Delaware Court of Chancery

Federal Trade Commission

Food and Drug Administration

Georgia Court of Appeals

Internal Revenue Service

Michigan Supreme Court

Ohio Supreme Court

The Crown Prosecution Service

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Western District of Virginia

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

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

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Minnesota

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

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

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

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

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

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

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

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

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Navy

U.S. Railroad Retirement Board

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington