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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
Ex-Abercrombie CEO Charged With Sex Trafficking
Former Abercrombie & Fitch Co. CEO Mike Jeffries was indicted Tuesday on charges he ran an international sex trafficking and prostitution ring that abused male models who were led to believe their participation in sex parties would benefit their careers.
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October 22, 2024
Reebok Settles Testy TM Suit With Italian Shoemaker
Reebok has settled a suit claiming Italian shoemaker Autry USA LLC ripped off several of the sneaker giant's trademarks, ending a contentious case that saw Reebok seek to sanction its rival for what it termed "underhanded" tactics.
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October 21, 2024
Target Wants Sanctions For 'Bogus' BIPA Suit
An Illinois federal judge should sanction a group of Target customers and their lawyers for pursuing a facial recognition privacy case even though the plaintiffs had seen evidence their legal theory was "bogus," the retail giant says.
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October 21, 2024
Big Lots Can Tap Final $10M DIP Draw To Fund Ch. 11 Sale
Discount retailer Big Lots Inc. got a Delaware bankruptcy judge's approval Monday to access the final $10 million in new money being funded under its debtor-in-possession loan package after it struck a last-minute deal to quell objections that a slate of landlords raised against final DIP approval.
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October 21, 2024
Court Kicks Cannabis Consumer Case Back To Conn. State
Smoke and vape wholesalers accused of illegally selling intoxicating hemp products have lost a bid to keep an unfair trade lawsuit brought against them by the Connecticut attorney general out of state court after a district court judge ruled it doesn't matter if the THC in the vapes was derived from federally legal hemp.
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October 21, 2024
Kroger Beats Class Cert. Bid In Pain Patch False Ad Suit
An Illinois federal judge on Monday denied class certification to consumers who sued Kroger over lidocaine patches they asserted could not stay on long enough to provide up to eight hours of relief as advertised, saying neither of two proposed class representatives purchased the allegedly misleading patches.
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October 21, 2024
Basic Fun Resolves Objection, Gets Nod For Ch. 11 Plan
A Delaware bankruptcy judge agreed Monday to confirm the Chapter 11 restructuring plan of toymaker Basic Fun, saying the company's creditors had been adequately informed and he appreciated the work done to reach terms that satisfied all parties involved.
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October 21, 2024
Lilly Ledbetter Was An 'Indefatigable' Force For Equal Pay
Lilly Ledbetter, whose unequal pay lawsuit against her employer sparked a 2009 law and led her to dedicate the rest of her life to fighting for pay equity, recently died at 86. Those who worked with her say her legacy lives on in the ongoing fight to close the wage gap.
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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.
Expert Analysis
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.