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October 21, 2024
Arthur Blank's Paramours Forced Unpaid OT, Ex-Workers Say
The family office of Home Depot co-founder Arthur Blank, who owns the Atlanta Falcons and Atlanta United FC, has been sued by two former employees who allege they were forced to work long hours due to the retention of "incompetent" employees who had sexual relationships with Blank and others, and were then denied overtime.
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Fintech Group Challenges CFPB's Buy Now, Pay Later Policy
The Financial Technology Association on Friday asked a D.C. federal court to strike down the Consumer Financial Protection Bureau's first-ever rule directed at the fintech-dominated market for buy now, pay later loans, claiming that it violates procedural requirements and "misunderstands" relevant law.
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October 18, 2024
How Dickinson Wright Attys Won A Victory Before The SEC
It took more than four years and possibly an alleged slip-up by the U.S. Securities and Exchange Commission's enforcement staff for Dickinson Wright PLLC attorneys to secure what they said is a first-of-its-kind ruling by the agency when it reversed a trading suspension against a firm client over the objections of the SEC's own staff.
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October 18, 2024
Walmart Scores Quick Appeal In FTC's Money Transfer Suit
An Illinois federal judge refused Friday to reconsider a prior decision trimming the Federal Trade Commission's suit alleging Walmart facilitated fraud through its money transfer services, while allowing Walmart to seek interlocutory review regarding the FTC's litigating authority.
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October 18, 2024
Fritos Didn't Defame In Flamin' Hot Cheetos Feud, Judge Told
An attorney for Frito-Lay Inc. on Friday urged a California federal judge to dismiss a former employee's suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, saying it's not inherently defamatory to disagree about the snack's origins.
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October 18, 2024
Classic Car Auctioneer Loan Fight Ends In $20M Award
A collector car auction house backed by Sotheby's is asking a Michigan federal court to enforce an €18.69 million ($20.3 million) arbitral award against longtime client GTC SASU, a French collector and seller of classic cars, following a dispute over a loan deal.
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October 18, 2024
Judge Slams 'Lazy Lawyering' In Amazon Biometric Data Suit
The judge overseeing a proposed biometric privacy class action against Amazon Web Services Inc. in Delaware federal court chastised the plaintiffs' counsel for identically repleading a previously dismissed claim, calling the move "lazy lawyering" and warning of potential ramifications for "lying to the court."
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October 18, 2024
False Ad Suit Trimmed Over 'Non-Drowsy' Albertsons Meds
An Illinois federal judge on Thursday refused to strike class claims that Albertsons markets and sells cough medicine labeled as "non-drowsy" that does in fact cause drowsiness, but threw out breach of warranty claims because the lead plaintiff failed to give the company adequate notice before filing suit.
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October 18, 2024
Cos. Say Brokerage Startup's NAR Listing Rules Suit Is Stale
HomeServices of America Inc. and HSF Affiliates LLC told a Utah federal court on Friday to toss a residential brokerage startup's antitrust suit that accused them, multiple brokerages and the National Association of Realtors of conspiring to block the startup from NAR's multiple listing services.
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October 18, 2024
FTC Won't Disqualify ALJ in H&R Block False Ad Fight
The Federal Trade Commission denied a request by H&R Block to stop an administrative law judge from overseeing a proceeding that accuses the tax preparation company of deceptive advertising, saying Friday that ALJs don't have unconstitutional job protections as the company claimed.
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October 18, 2024
Vorys Slams 'Copycat' Firms Trying To Lead Antitrust Suit
Vorys Sater Seymour and Pease LLP is opposing a bid from Hagens Berman Sobol Shapiro LLP and Bucher Law PLLC to take the lead in a proposed consumer class action against gaming giant Valve Corp., saying the firms just "piggybacked" off Vorys' work in an identical suit.
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October 18, 2024
Law360 Will Track 2024 Ballot Measures On Real-Time Map
As citizens across the country weigh in on federal, state and local elections this November, Law360's 2024 ballot measure map will track election results for tax-related ballot measures in real time. Here, Law360 dives into what's on the ballots in Georgia, Nevada, Wyoming and Denver.
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October 18, 2024
Grocery Co. Sued Over 'Naturally Flavored' Cereal Bars Label
North Carolina-based supermarket chain Harris Teeter was hit with a proposed class action alleging its fruit-flavored cereal bars aren't "naturally flavored" like the packaging claims, but instead contain a flavoring that is derived from a petroleum substrate.
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October 18, 2024
Weedmaps' Parent Co. Faces Investor Suit After SEC Fine
The parent company of cannabis tech company Weedmaps was hit with an investor's proposed class action alleging shareholders were damaged following the U.S. Securities and Exchange Commission's announcement that it fined the company $1.5 million for allegedly making misleading statements about its monthly active users.
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October 18, 2024
Dick's Sporting Goods Escapes NY Apparel Co.'s $8M TM Suit
A New York-based sports apparel company has dropped its $8 million federal lawsuit accusing Dick's Sporting Goods of infringing its registered logo featuring an infinity symbol.
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October 18, 2024
Google Play Store Injunction Paused To Let 9th Circ. Weigh In
A California federal judge on Friday briefly paused his injunction requiring Google to open up its Play Store to competition while the tech giant seeks an emergency stay of the injunction at the Ninth Circuit, where it's appealing a jury verdict that it illegally monopolized the Android app distribution and payment market.
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October 18, 2024
Walmart Fired Managers Who Fought Biased Hiring, Suit Says
Walmart fired two managers in retaliation for their persistent complaints about discriminatory hiring practices at an Atlanta-area fulfillment center, the pair have told a Georgia federal judge, alleging they were told not to hire or be "quick to fire" people who seemed "too Black," "too ethnic" or "overtly gay."
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October 18, 2024
Off The Bench: Wemby Suit, Antitrust Fights In NASCAR, MMA
In this week's Off The Bench, NBA superstar Victor Wembanyama sues over illicit merchandise bearing his likeness, while antitrust litigation rocks NASCAR and mixed martial arts promotion Bellator.
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October 18, 2024
Class Sues Fisher-Price Over Swing Linked To 5 Deaths
A proposed class of parents is suing Fisher-Price Inc. and its parent company Mattel Inc. over an infant swing recalled last week after five infants died while using it to sleep, alleging that the recall is inadequate and that the company failed to disclose the risks.
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October 18, 2024
Hemp Industry Group Sues Louisiana Officials Over New Law
Louisiana hemp interests on Friday filed a federal lawsuit against the governor and attorney general challenging a new state law meant to rein in intoxicating hemp products, alleging the new policy runs afoul of the federal law that legalized hemp nationally.
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October 17, 2024
E-Cig Regs Are Congress' Job, Not FDA's, GOP Pols Tell Justices
Republican lawmakers told the U.S. Supreme Court that Congress, not the U.S. Food and Drug Administration, should regulate flavored e-cigarettes, and that the regulator overstepped its authority by banning the sale of the vape products.
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October 17, 2024
Temu Says Shein Launched IP Theft Suit To Stifle Competition
The companies behind e-commerce platform Temu have fired back at fast fashion company Shein's intellectual property infringement claims against them, accusing Shein of filing a meritless suit to interfere with Temu's business and stifle its competition "by any means possible."
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October 17, 2024
Burford Again Loses Fight Against Meat Price-Fixing Deal
An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.
Expert Analysis
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Classwide Calculations May Get Price Premium Damages Wrong
In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Unpacking The Latest FTC Guidance On Multilevel Marketing
Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.