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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails
A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.
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June 02, 2025
Paul Weiss-Led Roark Closes $1B Dave's Hot Chicken Buy
Paul Weiss said Monday it is representing Roark Capital on its acquisition of Dave's Hot Chicken at an approximately $1 billion value, as the fried chicken chain cashes in after an eight-year journey that was said to have started in a parking lot with some portable fryers.
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June 02, 2025
Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool
A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
EU Hits Two Delivery Firms With €330M Fine For Market Cartel
The European Commission said Monday that it had slapped two food delivery companies with a total of €329 million ($375.8 million) in fines for operating a cartel for four years in a settlement.
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May 30, 2025
Court Sinks Iowa Farm's Challenge To 'Swampbuster' Law
An Iowa federal judge has rejected a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas, ruling that the statute passes constitutional muster.
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May 30, 2025
Shopper Wants Class Cert. In Mistranslated Cookie Label Suit
A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.
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May 30, 2025
Wholesalers Take Rejected 5-Hour Energy Suit To 9th Circ.
Family-owned wholesalers want the Ninth Circuit to take a look at a recent ruling that said while they were able to show the maker of 5-Hour Energy committed price discrimination by offering Costco disproportionate promotions, they weren't able to show that discrimination hurt them.
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May 30, 2025
Smithfield Can't Split Trial In Contract Clash With Hog Supplier
Smithfield Foods Inc. can't cleave an upcoming trial into two parts over whether its pricing practices violated a production agreement with a longtime hog supplier in North Carolina, a state judge ruled Friday, finding that it would be disruptive and drag out the proceedings unnecessarily.
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May 30, 2025
Peet's Coffee, AddShoppers Beat Cert. Bid In Privacy Suit
A California federal judge refused to certify a proposed class action alleging AddShoppers and Peet's Coffee illegally tracked visitors' browsing activities to send targeted advertising emails, ruling Thursday that the named plaintiffs' claims are not typical of the groups they want to represent, since they did not receive emails about any products.
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May 30, 2025
Farm Groups' Challenge To H-2A Wage Rule Back On Track
The U.S. Department of Labor failed to show it would be necessary to push back litigation challenging a Biden-era H-2A wage rule, especially in the context of farm groups' ongoing harm allegations, a Florida federal judge ruled.
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May 30, 2025
Giant Eagle Worker Seeks Initial OK For $669K ERISA Deal
A proposed class of employees at Pennsylvania-based gas and grocery chain Giant Eagle asked a federal court for preliminary approval of an almost $669,000 settlement of their claims that the company overspent their retirement savings on administrative fees.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 29, 2025
Fla. AG Says Letter To Cops Doesn't Rise To Contempt
Florida's attorney general told a federal judge on Thursday that a letter he sent to law enforcement agencies saying he could not force them to comply with a temporary restraining order blocking enforcement of a state law criminalizing the entry of unauthorized immigrants did not rise to the level of civil contempt.
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May 29, 2025
Monsanto-Funded Researcher Influenced Panel, Jury Hears
A Missouri jury hearing the latest trial over cancer claims related to Monsanto's glyphosate pesticides heard Thursday that a Monsanto-funded researcher was able to change the course of a prestigious international panel weighing the chemical's carcinogenicity.
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May 29, 2025
Texas Justices Keep Court Orders On $3.4B Water Pipeline
A Texas appeals court mostly kept intact court orders barring a groundwater company from interfering with several leases as a part of a $3.4 billion pipeline venture to supply water to San Antonio, finding in a Thursday opinion the company was undercutting its lessee.
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May 29, 2025
Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit
Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.
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May 29, 2025
Mich. Farmers Must Bring New Suit To Challenge Crop Policy
A group of Michigan dry-bean farmers can't challenge the Federal Crop Insurance Corp.'s reapproval of a crop revenue insurance program after remand, a federal court ruled, saying the farmers must initiate a new suit to challenge a remanded agency decision.
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
5-Hour Energy Price Discrimination Suit Falls Short Again
A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.
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May 28, 2025
Feds Won't Appeal Offshore Fish Farming Permit Decision
The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Flamin' Hot Cheetos Defamation Suit Snuffed Out, For Now
A California federal judge Wednesday granted Frito-Lay Inc.'s motion to strike a former employee's discrimination and defamation suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, finding he's unlikely to win his claims, but giving him another shot at amendment.
Expert Analysis
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What Greenwashing Looks Like, And How To Navigate Claims
Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.