Campbell Soup Co. is gearing up to defend its board of directors from an attack launched by activist hedge fund Third Point LLC, with the two sides divided over the best way forward for the struggling food giant. Here, Law360 outlines the back-and-forth between Campbell and Third Point in an interactive graphic.
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Inside The Brewing Proxy Fight Over Campbell's Board

Campbell Soup Co. is gearing up to defend its board of directors from an attack launched by activist hedge fund Third Point LLC, with the two sides divided over the best way forward for the struggling food giant. Here, Law360 outlines the back-and-forth between Campbell and Third Point in an interactive graphic. Read full article »

Pfizer Unit, Teva Must Face Effexor Antitrust Litigation

Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety. Read full article »

Novartis Warping Kickback Standard In FCA Case, DOJ Says

Novartis Pharmaceuticals Corp. has flatly “misstated the law” in its bid to escape a whistleblower’s False Claims Act suit alleging illicit kickbacks aimed at boosting Medicare Part D business, the U.S. Department of Justice told a New Jersey federal court Tuesday. Read full article »

NJ High Court Disbars Mass. Atty For Pocketing Funds

New Jersey's highest court has disbarred a Massachusetts-based attorney for pocketing $16,250 that was meant for a man who the lawyer has claimed was his business partner and then spending the entire amount in less than two months on his own personal expenses. Read full article »

LITIGATION

Dog Food Co. Dodges Some Warranty Claims Over Bad Treats

A New Jersey federal judge has dismissed some of the warranty claims against a dog food maker in a suit alleging China-made duck jerky treats have made dogs ill, saying the statements on the company's website are "puffery" and not an express warranty. Read full article »

No Quick Wins For Union, Concrete Co. In $2.7M ERISA Suit

A New Jersey federal judge on Tuesday ruled that there are issues of fact over when a cement masons' union knew about a concrete installer's alleged $2.7 million contribution delinquencies and the calculations used in a related review, denying both sides summary judgment in the Employee Retirement Income Security Act suit. Read full article »

Bally's Casino Dealers Push To Revive OT Wage Settlement

A class of Bally’s Atlantic City card table dealers asked a New Jersey federal magistrate judge Wednesday to reopen a wage-and-hour action alleging employees weren't paid for attending pre-shift staff meetings, saying casino owner Caesars Entertainment Corp.'s emergence from bankruptcy can allow a $500,000 settlement to move forward. Read full article »

NJ Enviro Agency Beats Developer's Suit Over Wetlands

A New Jersey appeals court on Wednesday sided with the state's Department of Environmental Protection in a challenge to a bar on development for three residential lots, saying the developer could not show how the agency’s designation of the property as wetlands constituted trespass and ejectment. Read full article »

Keep Haitians' Status Suit, 17 States Tell NY Court

A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians. Read full article »

THIRD CIRCUIT

3rd Circ. Asked To Weigh In On Nuverra’s Ch. 11 ‘Gifting’

A Nuverra Environmental Solutions Inc. noteholder who challenged the company’s confirmed Chapter 11 plan last year asked the Third Circuit on Wednesday to weigh in on claims that the plan did not treat unsecured creditors fairly and equitably by permitting “gifting” that led to more recovery for some. Read full article »

EXPERT ANALYSIS

Clearing Up Some Pipeline Permit Questions At 3rd Circ.

Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP. Read full article »

Q&A

Back To School: Stanford's Jeff Fisher Talks Supreme Court

In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed. Read full article »

LEGAL INDUSTRY

4 Shot, Gunman Killed At Pa. Magistrate Judge's Office

A man shot and wounded four people at the Fayette County, Pennsylvania, office of a magisterial district judge on Wednesday before police shot and killed him, police and emergency officials said. Read full article »

Ex-Mitsubishi Atty Claims Sex Bias Led To Her Ouster

A Mitsubishi Chemical Corp. unit illegally refused to promote one of its top attorneys to general counsel because of her gender and fired her under false pretenses after she complained about the conglomerate’s discriminatory treatment of women, according to a suit in New York federal court. Read full article »

Analysis

Kavanaugh Assault Hearing Could Devolve Into Chaos

The Senate Judiciary Committee's hearing on the sexual misconduct allegations against D.C. Circuit Judge and U.S. Supreme Court nominee Brett Kavanaugh will have the trappings of a trial but lack a court proceeding's rules. Read full article »

Simpson Thacher And Recruiting Firm Settle Payment Row

Simpson Thacher & Bartlett LLP and a legal recruiter on Tuesday confidentially settled a nearly $1 million dispute in Manhattan federal court over the firm's alleged nonpayment for the placement of a bankruptcy partner, closing the book on a sticky discovery dispute regarding internal firm communications. Read full article »

ABA To Lawyers: Don't Forget Ethics During A Hurricane

The American Bar Association issued an opinion Wednesday reminding lawyers of their obligations to clients following large-scale natural disasters, a move prompted by Hurricane Florence unleashing havoc on the Carolinas. Read full article »

Labaton, ERISA Attys Reach Tentative Deal In $75M Fee Fight

The special master appointed to investigate a $75 million attorneys' fee awarded in a $300 million settlement with State Street Corp. has reached a tentative agreement with the lead class counsel, Labaton Sucharow LLP, and Employee Retirement Income Security Act lawyers involved in the case, according to a filing late Tuesday in Massachusetts federal court. Read full article »

Gorsuch Was The Least Responsive Nominee In Decades

New research has concluded that U.S. Supreme Court Justice Neil Gorsuch was less responsive to questions during his confirmation hearings than any justice since 1968 and departed significantly from the so-called Ginsburg Rule, with the study's authors saying Judge Brett Kavanaugh is likely in the same vein. Read full article »

Coinbase Hires Ex-O'Melveny Partner As Chief Legal Officer

The cryptocurrency exchange platform Coinbase said Wednesday it has hired a former O'Melveny & Myers LLP managing partner who had been general counsel for Fannie Mae as its chief legal adviser. Read full article »

Q&A

Law Firm Leaders: Littler's Tom Bender And Jeremy Roth

Thomas Bender and Jeremy Roth serve as co-presidents and co-managing partners of Littler Mendelson PC. The two leaders recently sat down with Law360 for a discussion covering major topics impacting the legal industry today, including diversity, evolving client demands and the merits of a law firm merger. Read full article »

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