The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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TUESDAY, AUGUST 19, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit

By Kellie Mejdrich

The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.

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Patent Licensing Co. Drops Starbucks Infringement Suit

By Adam Lidgett

A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.

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Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit

By Zach Dupont

AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.

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Farmer Didn't Own Cow Woman Crashed Into, Panel Says

By Y. Peter Kang

An Illinois state appeals court has affirmed the dismissal of a suit seeking to hold a farmer and his farm liable for injuries suffered by a motorist who hit a stray cow, saying the evidence showed that the farmer did not own the cow in question.

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LITIGATION

PepsiCo Lied About Disabling Website Cookies, Suit Says

By Rae Ann Varona

PepsiCo Inc. and its Frito-Lay North America Inc. unit are letting third parties like Google and Facebook track browsing activities and collect the information of consumers who visit the food companies' websites, despite consumers selecting "no" to unnecessary cookies, a proposed class action in California federal court alleges.

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Brief

McDonald's Settles Colo. Buyer's Quarter Pounder E. Coli Suit

By Bonnie Eslinger

McDonald's has struck a deal to end a Colorado customer's Illinois state court lawsuit over a 2024 E. coli outbreak linked to the company's Quarter Pounder hamburgers, according to a court filing.

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EXPERT ANALYSIS

Rebuttal

BigLaw Settlements Should Not Spur Ethics Deregulation

A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

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LEGAL INDUSTRY

Litigation Funder Burford Eyes Investments In US Law Firms

By Ryan Boysen

Burford Capital LLC, the world's largest litigation funder, is eyeing an investment model to put money directly in U.S. law firms after years of investing in U.S. lawsuits, its chief development officer told Law360 Pulse.

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Fired DOJ Antitrust Deputy Warns Of Lobbyist Influence

By Matthew Perlman

The former top deputy for the U.S. Department of Justice Antitrust Division, Roger P. Alford, defended the agency's leadership Monday while calling out a pair of senior officials and warning of the influence that lobbyists are wielding over merger reviews and other issues.

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Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

By Emily Sawicki

A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

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SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty

By Hailey Konnath

The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.

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Burr & Forman Must Face Claims From Healthcare Scheme

By Chart Riggall

A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.

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NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful

By Lauren Berg

Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.

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Lawmaker Pans 'Selective' Charges Over ICE Facility Clash

By Carla Baranauckas

U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center in Newark, New Jersey, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.

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Ex-NY AG Immune From Malicious Prosecution Suit

By Cara Salvatore

Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.

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Whiteford Taylor Must Face Wire Fraud Malpractice Suit

By Emily Sawicki

A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.

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Treasury Seeks Input On Tech To Combat Crypto Crimes

By Aislinn Keely

The U.S. Department of the Treasury on Monday asked the public to share feedback on how novel technologies might be used to detect and thwart illicit crypto activity, fulfilling a directive under a recently signed bill to regulate stable value tokens.

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Catching Up With Delaware's Chancery Court

By Sydney Price and Jeff Montgomery

Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

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COMPANIES IN TODAY'S NEWS

Alexion Pharmaceuticals Inc.

American Bar Association

American Economic Liberties Project

Armistice Capital LLC

Burford Capital LLC

Business Insider Inc.

Cencora Inc.

Cornell University

Financial Times Group Ltd.

Frito-Lay Inc.

Google LLC

Hewlett Packard Enterprise Co.

Juniper Networks Inc.

McDonald's Corp.

McKinstry Co.

Meta Platforms Inc.

Microsoft Corp.

National Amusements Inc

Newmark Group Inc.

Paramount Global

PepsiCo Inc.

Skydance Media LLC

Snap Inc.

Starbucks Corp.

Taylor Fresh Foods Inc.

Tech Policy Institute

The Goldman Sachs Group Inc.

The Golub Corp.

The New York Times Co.

TikTok Inc.

Tops Markets LLC

Twitter Inc.

USA Today International Corp.

LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Baker Botts

Best Vanderlaan

Bradley Arant

Burr & Forman

DNL Zito

Davis Wright Tremaine

Dewey & LeBoeuf

Emmanuel Sheppard

Fried Frank

Garteiser Honea

Goldberg Segalla

Gutride Safier

Harter Secrest

Jenner & Block

Keller Postman

King & Spalding

Kramon & Graham

Krovatin Nau

Lowell & Associates

McConaughy & Sarkissian

Mehri & Skalet

Mintz & Gold

PCB Byrne

Paul Weiss

Perkins Coie

Pierson Ferdinand LLP

Pryor Cashman

SML Avvocati

Sanchez Daniels

Sharman Law Firm

Sirianni Youtz

Stone & Magnanini

Sullivan & Cromwell

Whiteford Taylor

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arizona Supreme Court

Centers for Disease Control and Prevention

Cook County Circuit Court

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Federal Trade Commission

Financial Stability Board

Financial Stability Oversight Council

Food and Drug Administration

New York Attorney General's Office

New York City Council

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Court of Appeals for the Second Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado