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February 21, 2025
Harry Manbeck, Former USPTO Head, Dies At 98
Former U.S. Patent and Trademark Office leader and chief patent counsel at General Electric Co., Harry F. Manbeck Jr., died Wednesday. He was 98.
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February 21, 2025
CFPB's $8 Late Fee Rule On Ropes As Banks Move In For Kill
The U.S. Chamber of Commerce and other trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's $8 credit card late fee rule once and for all, saying, among other things, that the CFPB is itself a "veritable issue-spotter of constitutional law violations."
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February 21, 2025
Fla. Worker's Wage Suit Against Dillard's Sent To Arbitration
A Florida federal judge on Friday ordered Dillard's and a former employee to resolve claims that the company shorted workers on minimum and overtime wages out of court after granting an unopposed motion to compel arbitration and stay proceedings in a proposed collective action lawsuit.
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February 21, 2025
Dispute Over FDA Menthol Cigarette Ban Paused Until August
A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.
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February 21, 2025
'Unsupported Conclusions' Doom Ad App Suit Against Google
A California federal judge has permanently tossed an antitrust suit accusing Google of kicking a now-defunct advertising app maker out of the Play Store in order to squelch a potential digital advertising rival, finding that the act alone was not enough to show harm to the market from the alleged monopolization.
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February 21, 2025
Pot Co. Workers Sue Over Lack Of Notice For Mass Layoffs
A group of workers laid off by a Massachusetts cannabis dispensary company sued their former employer in federal court Friday, alleging that it failed to give required notice before instituting a mass layoff.
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February 21, 2025
Morgan Lewis Adds Partner To Insurance Recovery Practice
Morgan Lewis & Bockius LLP announced that it has added a new partner and insurance expert in its Chicago office, in a move to bolster the firm's insurance recovery and dispute resolution capabilities for corporate policyholder clients.
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February 21, 2025
Stop & Shop, Ex-Manager Agree To End Long COVID Suit
A Connecticut federal judge on Friday agreed to dismiss a former Stop & Shop manager's lawsuit accusing the supermarket chain of firing him for taking medical leave due to long COVID-19 symptoms, one day after the parties said they wished to end litigation.
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February 21, 2025
Kroger Workers' $21M Pay System Outage Deal Gets First Nod
An Ohio federal judge preliminarily approved a $21 million deal between The Kroger Co. and a proposed class of around 47,000 workers who accused it of missing paychecks and making inaccurate deductions to their wages after it switched payroll systems.
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February 21, 2025
Freshfields Guides Celsius On $1.8B Alani Energy Brand Buy
Freshfields US LLP is advising Celsius Holdings Inc. on a new agreement to acquire Alani Nutrition for $1.8 billion, in a push from one of the leading U.S. energy drink companies to bolster its appeal to women and younger consumers.
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February 20, 2025
Florida Hits Target With New Suit Over Pride Month Merch
The state of Florida's investment management body Thursday became the latest to sue Target Corp. over its Pride-themed merchandise, saying the retail giant "betrayed" investors with its "exceptionally offensive" LGBTQ marketing campaign and product lines.
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February 20, 2025
Chinese App Temu Wants To Arbitrate Minors' Privacy Claims
Chinese bargain-shopping app Temu has asked a New York federal judge to send to arbitration a proposed class action claiming it misuses users' data, saying an arbitrator must decide any challenges to the terms of a user agreement even though some named class members are minors.
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February 20, 2025
Warby Parker Hit With $1.5M Fine After HHS Breach Probe
The U.S. Department of Health and Human Services announced Thursday that it has imposed a $1.5 million fine on Warby Parker Inc. following a cyberattack on the eyewear manufacturer's website that exposed the protected health information of nearly 200,000 customers.
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February 20, 2025
3rd Circ. Rejects Appeal In Dog Magnet Design Spat
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
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February 20, 2025
DOJ Keeps Focus In Agri Stats Case Off Specific Data
A Minnesota federal magistrate judge refused Wednesday to force the U.S. Department of Justice to provide Agri Stats a line-by-line recitation of particular problematic data fields in the company's protein industry reports, finding the agency's explanations about how those reports can facilitate price-fixing are "adequately responsive."
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February 20, 2025
Amazon Says FTC 'Stonewalled' Discovery In Antitrust Case
The Federal Trade Commission is relying on "boilerplate objections and untenable hyper-technicalities" to delay discovery in its antitrust suit against Amazon, the e-commerce giant said in a new motion in Seattle federal court, seeking to force the agency to hand over information about its case.
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February 20, 2025
Publix Accused Of Overcharging Discounted Items In Fla. Suit
A customer has brought a proposed federal class-action lawsuit in Florida federal court against Publix Super Markets Inc. over alleged deceptive trade practices, saying the grocery store's point-of-sale system intentionally charged more for discounted items sold by weight.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
Worker Says Wilson Sports Co. Firing Tied To Paternity Leave
A former Wilson Sporting Goods Co. employee has filed a Minnesota federal lawsuit accusing the company of firing him for taking parental leave in violation of the Family and Medical Leave Act.
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February 20, 2025
Kim Kardashian's Skims Hit With ADA Lawsuit
A proposed class action filed Thursday in Illinois federal court accuses Skims.com, a shapewear retailer founded by reality star Kim Kardashian, of violating the Americans with Disabilities Act with "significant access barriers" that make it "difficult if not impossible" for visually impaired customers to navigate the website.
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February 20, 2025
11th Circ. Asked To Reinstate FCC's One-To-One Consent Rule
A pro-consumer group urged the Eleventh Circuit to revisit a ruling last month that overturned the Federal Communications Commission's requirement that individual businesses obtain each consumer's consent to contact them through comparison shopping sites.
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February 20, 2025
Pot Co. Exec Says He Was Fired For Reporting Antisemitism
A Jewish former executive for Verano Holdings Corp. and Verano Arizona Inc. is suing the companies in federal court, alleging he was discriminated against and fired for reporting antisemitism and "flippant comments about Adolf Hitler and the Holocaust."
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February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors
Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
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February 19, 2025
Walgreens Says $1B COVID Testing Award Must Be Nixed
Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.
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February 19, 2025
2nd Circ. Backs Amazon In Teri Woods Publishing Dispute
A unanimous Second Circuit panel backed a lower court's decision to dismiss Teri Woods Publishing's copyright and contract claims against Audible and other audiobook distributors on Wednesday, holding that the parties' licensing agreement allowed them to distribute the publisher's works through their subscription-based streaming services.
Expert Analysis
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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False Patent Marking Claims Find New Home In Lanham Act
While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
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A Look At Calif. Biz Code And The Fight Over Customer Lists
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.