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October 31, 2024
FDA Warns Cos. Over E-Cigs That Look Like Tech Devices
The U.S. Food and Drug Administration has issued warnings to nine online retailers and one manufacturer for selling unauthorized disposable e-cigarettes with features that look like smart technology that may appeal to young people, such as the capacity to play games or play music.
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October 31, 2024
LA Hits Pepsi, Coca-Cola With Plastic Waste, Deception Suit
Los Angeles County hit PepsiCo Inc. and The Coca-Cola Co. with a California state suit claiming the longtime soft drink rivals are spouting falsehoods about recycling's ability to address their single-use plastic waste and flooding the environment with growing amounts of harmful plastic despite pledges to reduce it.
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October 31, 2024
Textbook Cos. Fight To Keep Google Pirated Books Suit Alive
Several textbook publishers have urged a Manhattan federal judge to keep their copyright and trademark infringement suit against Google intact, alleging the tech giant has profited from the sale of pirated textbooks it advertises in searches, contrary to the company's assertions.
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October 31, 2024
Fridge Owners Seek OK On Whirlpool Defect Suit Settlement
A proposed class of refrigerator owners is asking a California federal court to give the go-ahead to a settlement to resolve claims that Whirlpool Corp. sold refrigerators with a defect that caused food to spoil or go moldy.
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October 31, 2024
Meta Users Fight Uphill For Cert., But Advertisers Have A Shot
A California federal judge who was asked to certify two classes in litigation alleging that Facebook parent Meta Platforms monopolized the social media advertising market and misused users' data said Thursday that the users' damage theory wasn't "plausible," but appeared open to the advertisers' claim they suffered the same alleged injury.
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October 31, 2024
True Value Hammers Out Deal To Fund Ch. 11, Speed Up Sale
After days of negotiating, bankrupt hardware store supplier True Value Thursday reached a deal with its lenders to avoid liquidation, fund its reorganization and move up a Chapter 11 sale, with member-owned hardware brand Do It Best Corp. lined up as a stalking-horse bidder.
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October 31, 2024
NFL Legend Barry Sanders Hit With Copyright Suit
Famed former Detroit Lions running back Barry Sanders is the subject of a new copyright infringement lawsuit, with the same professional photographer who is separately suing the NFL team and other entities over the same alleged misuse of a copyrighted photo.
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October 31, 2024
6th Circ. Split Over NLRB Remedy In Starbucks Firing Case
The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Del. Justices Probe Implications Of Tripadvisor Nevada Move
Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.
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October 30, 2024
Dole Whip Buyer Says Labels Belie Artificial Ingredients
Dole Food Co. falsely lauds its Dole Whip products as containing "no artificial ingredients," despite the sweet snacks containing manufactured citric acid and other artificial additives, according to a consumer's proposed class action filed Wednesday in California federal court.
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October 30, 2024
Judge Quizzes Attys As $1.5M Mascara TM Trial Wraps
A California federal judge quizzed counsel during bench trial closings Wednesday in Benefit Cosmetics' $1.49 million lawsuit alleging e.l.f. Cosmetics' "Lash 'N Roll" mascara ripped off Benefit's blockbuster "Roller Lash" mascara, questioning why Benefit didn't conduct a consumer survey and asking whether it matters that Benefit inspired e.l.f.'s product.
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October 30, 2024
PayPal Says CFPB Is Probing Its Credit Product, Digital Wallets
PayPal has disclosed that it received an investigative demand from the Consumer Financial Protection Bureau over its PayPal Credit-branded product, as well as digital wallet payment options.
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October 30, 2024
Amazon Beats Cert. But Can't Nix NJ Security Screenings Suit
A New Jersey federal judge on Wednesday refused to nix a complaint filed by Amazon workers over unpaid time undergoing mandatory post-shift security screenings before they could leave the premises, while declining to certify the proposed class, finding not all workers were subject to uniform security screenings across different facilities.
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October 30, 2024
More Than Half Of Cos. Slow With Antirobocall Compliance
Fewer than half of U.S. phone companies have finished installing equipment to stop scam robocalls in the three years since the adoption of Federal Communications Commission standards for robocall mitigation, according to a new report from a consumer watchdog group.
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October 30, 2024
Doc Review Site Must Face Suit Over Criminal Profile Mix-Up
The owners of physician review website Healthgrades on Wednesday lost their bid to toss allegations they defamed a surgeon in mixing up his profile with a doctor by a similar name who was convicted on federal opioid-related charges.
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October 30, 2024
Suit Says Print Shop Stole Watermarked Pics For Contract Bid
An advertising firm is taking a printing and promotions shop to North Carolina federal court after the printer allegedly misappropriated photos of the ad company's camouflage products and used them to try to score a merchandising deal with the Missouri Army National Guard despite one picture bearing its actual owner's watermark.
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October 30, 2024
Amazon Escapes Biometric Data Suit Over Call Center Tech
Amazon Web Services Inc. beat the last remaining claim in a proposed biometric privacy class action in Delaware federal court Wednesday, with a judge saying there's no evidence the tech giant's cloud-based call center service collects customer voice data.
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October 30, 2024
Publix Denied Early Win Over Opioid Coverage Defense
A Florida federal court rejected Publix's bid for defense cost coverage for dozens of public nuisance lawsuits related to the opioid crisis, finding that the damages sought are too far removed from particular bodily injuries caused "because of" opioid addiction, as required in Publix's policies.
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October 30, 2024
Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row
An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.
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October 30, 2024
Eyelash Biz Wants Albright To Triple $31M Patent Verdict
A California company that sells do-it-yourself eyelash extension kits is asking U.S. District Judge Alan Albright to triple a nearly $31 million willful patent infringement verdict against a Chinese rival that "intentionally flooded the market with 632 models of infringing products."
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October 30, 2024
Jury Finds Importer Didn't Report $17M On Tax Returns
A Los Angeles jury found an importer of Chinese clothing guilty of skirting more than $8 million in customs duties and failing to report more than $17 million in cash transactions on tax returns, federal prosecutors in California announced Wednesday.
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October 30, 2024
State AGs Ask Congress For Federal Price-Gouging Ban
Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.
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October 30, 2024
Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads
A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.
Expert Analysis
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.