Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.
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SATURDAY, JULY 27, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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Kroger, Albertsons Agree To Delay $25B Merger Closing

By Thy Vo

Kroger Co. and Albertsons said Thursday they agreed to delay closing on their $25 billion merger until after a judge rules on the merits of Colorado regulators' antitrust case, allowing the companies to avoid a two-week hearing next month.

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Calif. Justices Rule Prop 22 Is Constitutional

By Max Kutner

The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.

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7-Eleven Settles TM Suit Against Seven Eleven Law Group

By Ivan Moreno

7-Eleven Inc. and a Chicago-based law practice called Seven Eleven Law Group have settled the trademark complaint the convenience store chain filed in November, alleging the firm was infringing its mark and causing consumer confusion.

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Blue Bottle Won't Be Sanctioned Or Pay Atty Fees In TM Row

By Gina Kim

Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith."

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1st Circ. Leery Of Fishing Industry Challenge To Wind Farm

By Julie Manganis

A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.

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USDA Drops Push To Certify Contractors' Labor Compliance

By Irene Spezzamonte

The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.

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ENFORCEMENT

CFPB Wary Of 'Junk Fees' As Lunch Money Goes Digital

By Jon Hill

The Consumer Financial Protection Bureau on Thursday flagged concerns about "junk fees" that school-contracted payment processors are charging parents to put money on their children's cafeteria accounts, casting it as part of a broader trend toward more digital payments in school settings.

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LITIGATION

Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP

By Dani Kass

A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.

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Iowa Hemp THC Law Remains In Force As Injunction Bids Fail

By Jonathan Capriel

Iowa's hemp law that imposed new restrictions on hemp-derived THC consumables can continue uninterrupted, after a federal judge on Thursday rejected two bids by the hemp industry seeking to block the statute on claims that it was unconstitutionally vague.

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Trade Commission Affirms Pea Protein Import Harms

By Jennifer Doherty

The U.S. International Trade Commission voted unanimously Thursday to find that pea protein imports from China have harmed the domestic industry, clearing the U.S. Department of Commerce to levy antidumping and countervailing duties on the goods.

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Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud

By Ryan Harroff

The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.

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Web Designer Seeks $2M Atty Fees After High Court Win

By Thy Vo

A Christian web designer and her company have asked a Colorado federal court to award her nearly $2 million in legal fees, arguing that their journey to the U.S. Supreme Court, which ruled the state can't force the designer to make wedding websites for same-sex couples, was "long, complex and ground-breaking."

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Plaintiffs Can't Expand Beef Price Fixing Suit, Court Told

By Jared Foretek

Beef producers defending against antitrust claims are telling a Minnesota federal judge that a proposed class of ranchers are too late to take their newest proposed complaint to court, arguing that the case should be permanently tossed after two failed attempts to get past the pleading stage.

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DEALS

AIP Buys AGCO's Grain & Protein Biz In $700M Cash Deal

By Jade Martinez-Pogue

Agricultural machinery company AGCO Corp., advised by Simpson Thacher & Bartlett LLP, on Thursday announced plans to sell the majority of its grain and protein business to industrial investor American Industrial Partners, led by Sidley Austin LLP, in an all-cash deal valued at $700 million.

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Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO

By Tom Zanki

Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.

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BANKRUPTCY

Vintage Wine Estates Can Tap Into $60.5M DIP Financing

By Vince Sullivan

Bankrupt wine producer and processor Vintage Wine Estates received permission Thursday from a Delaware bankruptcy judge to begin borrowing under a $60.5 million debtor-in-possession financing package being provided by its prepetition lenders.

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LEGAL INDUSTRY

Analysis

How Being A Female Litigator May Aid Harris' Presidential Bid

By Aebra Coe

Female litigators regularly confront implicit biases and double standards when it comes to "their appearance, voice, attire, demeanor and their advocacy," according to the author of an American Bar Foundation research report on first chair trial lawyers.

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'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years

By Carla Baranauckas

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.

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Analysis

How Barrett Became The High Court's Justice To Watch

By Katie Buehler

Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.

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Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial

By Lynn LaRowe

Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.

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Attys Face Sanctions For Fake Citations In Whistleblower Suit

By Rachel Rippetoe

A Virginia federal judge has asked lawyers representing a plaintiff in a whistleblower case to defend why they should not be sanctioned for including seemingly fabricated case sources in a brief objecting to a protective order, questioning whether it was a case of "ChatGPT run amok."

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Ex-Thompson Hine Atty Says Firm Can't Oppose NY Jurisdiction

By Xiumei Dong

Former Thompson Hine LLP income partner Rebecca Brazzano fired back at efforts by two firm partners to dismiss her lawsuit alleging sexual harassment, contending among other arguments that they waived their right to contest personal jurisdiction by filing another motion that attempts to force arbitration that didn't raise the jurisdiction issue.

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Cuomo Harassment Document Fight Heads To NY Appeals Court

By Rachel Scharf

A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

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Rutgers Fights Contempt Bid By Student Who Filed Bias Suit

By Rose Krebs

Rutgers University wants a New Jersey state court to reject a bid by a law school student who filed a discrimination suit against it to hold the school in contempt for moving ahead with disciplinary measures against him, arguing there is "no basis" to grant the request.

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Law360's Legal Lions Of The Week

By Kevin Penton

Boyden Gray PLLC leads this week's edition of Law360 Legal Lions, after the full Fifth Circuit struck down as unconstitutional the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

What a news week! President Joe Biden started it off by announcing he would not seek re-election, but then said he would push for reform of the U.S. Supreme Court in his remaining time. And the Boeing Co. confirmed it has finalized its agreement with federal prosecutors to plead guilty to one count of criminal conspiracy to defraud, related to safety issues and two fatal plane crashes.

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

By Max Austin

This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

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Assa Abloy Resolves DOJ Merger Monitor Dispute

By Bryan Koenig

Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

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Georgia Judge Won't Block Prosecutor Oversight Commission

By Kelcey Caulder

A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.

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SEC Sues Banker And Ex-Prosecutor Alleging $1.6M Fraud

By Rae Ann Varona

A Georgia banker fraudulently bilked approximately $1.6 million from unsuspecting investors for "furs and furniture" and other expenses while a former Florida prosecutor ignored several red flags when holding on to the investments, the U.S. Securities and Exchange Commission told a Georgia federal court.

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Colorado's New Chief Justice Sworn In

By Daniel Ducassi

Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.

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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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Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial

By Gina Kim

Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.

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Hunter Biden's Attys Made 'False Statements,' Judge Says

By Bonnie Eslinger

The California federal judge overseeing Hunter Biden's criminal tax trial threatened to sanction the presidential son's lawyers Wednesday, saying they made "false statements" in a motion to dismiss that cited a Florida federal judge's order disqualifying the special prosecutor in Donald Trump's classified documents case.

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COMPANIES IN TODAY'S NEWS

7-Eleven Inc.

AGCO Corp.

Advanced Analytical Consulting Group

Albertsons Cos. Inc.

Allergan PLC

Alliance Defending Freedom

Alphabet Inc.

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

American Bar Foundation

American Industrial Partners

Apple Inc.

Archer-Daniels-Midland Co.

Assa Abloy AB

AstraZeneca PLC

Bank of America Corp.

Blackstone Inc.

Bloomberg

Blue Bottle Coffee Inc.

Bunge Ltd.

C&S Wholesale Grocers

Cargill Inc.

Chevron Corp.

Coatue Management LLC

Consolidated Edison Inc.

Delta Air Lines Inc.

Ford Motor Co.

Forest Laboratories Inc.

Fortune Brands Home & Security Inc.

George Washington University

Google LLC

Government Accountability Project

Grant Thornton LLP

HSBC Holdings PLC

Hellman & Friedman LLC

JBS USA Holdings Inc.

Jobs to Move America

Legal Sea Foods LLC

LinkedIn Corp.

MasterCard Inc.

McDonald's Corp.

McKesson Corp.

Medline Industries Inc.

Microsoft Corp.

National Association for Law Placement Inc.

National Beef Packing Co. LLC

Natural Resources Defense Council

Nestle SA

Omnitracs LLC

PPG Industries Inc.

PURIS Foods

QUALCOMM Inc.

Regeneron Pharmaceuticals Inc.

Service Employees International Union

Southwestern Law School

Spectrum Brands Inc.

Spectrum Management Holding Co.

Texas Public Policy Foundation

The Boeing Co.

The Carlyle Group Inc.

The Home Depot Inc.

The Kroger Co.

The Metropolitan Museum of Art

The Sherwin-Williams Co.

The Valspar Corporation

Tiger Global Management LLC

Tyson Foods Inc.

United Therapeutics Corp.

Viela Bio Inc.

Vineyard Wind LLC

Vintage Wine Estates Inc.

WNS (Holdings) Limited

Warner/Chappell Music Inc.

Wells Fargo & Co.

LAW FIRMS IN TODAY'S NEWS

AMD Solicitors

Altshuler Berzon

Andrew & Williams

Archer & Greiner

ArentFox Schiff

Arnold & Porter

Baker Botts

Bassford Remele

Belin McCormick

Bird & Bird

Boyden Gray

Bruce P. Brown Law

Bryan Cave

Cadwalader Wickersham

Cleary Gottlieb

DLA Piper

Debevoise & Plimpton

Dechert LLP

Dykema

Faegre Drinker

Figari & Davenport

Foley & Lardner

Fried Frank

Geragos & Geragos

Gibbons PC

Gibson Dunn

Girardi & Keese

Glavin PLLC

Goodwin Procter

Graubard Miller

Greene Espel

Grunfeld Desiderio

Guerra LLP

Hausfeld LLP

Haynes & Boone

Hill Dickinson

Hogan Lovells

Holland & Hart

Holland & Knight

Hunton Andrews

Husch Blackwell

Javerbaum Wurgaft

Jones Day

King & Spalding

Kirkland & Ellis

Kramer Levin

Latham & Watkins

Law Offices of Jeffrey Hellman

Lawson & Weitzen

Loeb & Loeb

Marzulla Law

Mayer Brown

Mazie Slater

McElroy Deutsch

McGrath North

McGuireWoods

Mishcon de Reya

Morgan Lewis

Mowry & Grimson

Nichols Brar

Nielsen Merksamer

O'Melveny & Myers

Olson Grimsley

Olson Remcho

Orrick Herrington

Parker Young

Paul LLP

Paul Weiss

Penningtons Manches

Perkins Coie

Pirkey Barber

Polsinelli PC

Quinn Emanuel

Reynolds Porter

Richards Layton

Robbins Alloy

Robinson Bradshaw

Segal McCambridge

Shakespeare Martineau

Sheppard Mullin

Sher Tremonte

Sidley Austin

Simmons & Simmons

Simpson Thacher & Bartlett LLP

Spencer Fane

Stewarts Law LLP

Sullivan & Cromwell

Thompson Hine

Tycko & Zavareei

Varnum LLP

Ward & Berry

Wedlake Bell

Weil Gotshal

Wheeler Trigg

Wilkinson Stekloff

Williams & Connolly

Winston & Strawn

Wordley Partnership

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Colorado Supreme Court

Companies House

Consumer Financial Protection Bureau

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Federal Acquisition Regulatory Council

Federal Communications Commission

Federal Trade Commission

Financial Conduct Authority

Georgia Supreme Court

International Trade Commission

National Crime Agency

National Oceanic and Atmospheric Administration

New York State Police

Port of Seattle

Superior Court of Fulton County

U.S. Army Corps of Engineers

U.S. Attorney's Office for the Central District of California

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

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

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Customs and Border Protection

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. Department of the Interior

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Minnesota

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 Iowa

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

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

U.S. Environmental Protection Agency

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of West Virginia