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December 23, 2024
EEOC Backs Fired Ford Worker's Retaliation Claim At 6th Circ.
The U.S. Equal Employment Opportunity Commission urged the Sixth Circuit to revive a Muslim, Middle Eastern engineer's suit claiming Ford fired him for complaining about on-the-job bias, saying the lower court wrongly factored in months of medical leave when assessing the timing of his termination.
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December 20, 2024
6th Circ. To Group FedEx, Kellogg Pension Data Appeals
The Sixth Circuit on Thursday rejected a request to stay a case alleging FedEx Corp. uses outdated actuarial assumptions in calculating certain retirees' annuities, pending a similar appeal from Kellogg Co. retirees, saying it would instead group the cases together.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
Top Product Liability Cases Of 2024
Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation.
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December 20, 2024
Feds Back Straight Worker's Suit Alleging Pro-LGBTQ Bias
The federal government urged the U.S. Supreme Court to revive a heterosexual Ohio state employee's lawsuit claiming supervisors' bias toward LGBTQ workers cost her a promotion, saying the Sixth Circuit erred in holding she needed to show a pattern of prejudice against straight people to support her case.
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December 20, 2024
CFPB Sues BofA, Wells Fargo, JPMorgan Over Zelle Fraud
The Consumer Financial Protection Bureau sued Bank of America, JPMorgan Chase and Wells Fargo on Friday, alleging their customers have lost more than $870 million through a "massive scale" of fraud on the payment network Zelle while the banks turned a blind eye.
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December 19, 2024
Big Lots To Close All Stores After Ch. 11 Sale Falls Through
Bankrupt discount retail chain Big Lots told a Delaware bankruptcy court Thursday that it will close its 870 remaining stores in the United States and initiate going-out-of-business sales starting Friday, after its $760 million deal for a going-concern sale to California private equity group Nexus Capital Management fell through.
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December 19, 2024
$18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says
The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.
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December 19, 2024
Full 6th Circ. Will Rehear GM Transmission Defect Case
The Sixth Circuit on Thursday granted General Motors LLC's request for a full bench rehearing of a panel's decision from earlier this year upholding class certification for a group of drivers who allege the automaker knowingly sold vehicles with defective transmissions.
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December 18, 2024
ITC Nominees Pressed On Tariffs And China
A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.
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December 18, 2024
Judge Wants To Know If Colo. Kroger Merger Fight Is Moot
A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
Liberty Mutual Says It Won't Cover Red Roof Trafficking Suits
Liberty Mutual Fire Insurance Co. asked a federal judge Wednesday to declare that it does not owe coverage to a Pennsylvania Red Roof Inn in two lawsuits claiming that the motel was responsible for allowing sex trafficking on the premises.
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December 17, 2024
Franchise Group Can Keep Exclusive Control Of Its Ch. 11
A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.
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December 17, 2024
SEC Says Express Didn't Disclose $1M In Ex-CEO Perks
Express Inc. failed to disclose nearly $1 million worth of perks and personal benefits to former CEO Tim Baxter, according to a settlement released Tuesday by the U.S. Securities and Exchange Commission, which declined to levy a civil penalty against the fashion retailer in light of its cooperation and remediation.
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December 17, 2024
Express Inc.'s Post-Sale Ch. 11 Liquidation Plan Approved
A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 liquidation plan for the estate of clothing retailer Express Inc., after the debtor sold the business this summer for $174 million.
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December 17, 2024
Northwest Bancshares Buys Peer Penns Woods In $270M Deal
Dinsmore & Shohl LLP-advised Northwest Bancshares Inc. has agreed to purchase Stevens & Lee PC-led Penns Woods Bancorp Inc. in an all-stock deal valued at roughly $270.4 million, the organizations said Tuesday.
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December 17, 2024
Possible 6th Circ. Picks Now That Biden's Nominee Is Done
A district judge, state Supreme Court justice and a former Federal Energy Regulatory Commission member are among the contenders for a seat on the Sixth Circuit when the outgoing judge retires, a pending vacancy that had been a matter of contention between Tennessee's senators and the Biden administration.
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December 17, 2024
Supercuts Owner Cuts Deal To End Ex-Worker's OT Suit
The owner of nearly 400 Supercuts and other hair salons agreed to pay $15,000 to resolve a suit from a former employee accusing it of failing to account for commissions and other nondiscretionary bonuses when calculating her overtime rates, a filing in Michigan federal court said.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Albertsons Says Kroger 'Squandered' $25B Merger Bid
The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.
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December 16, 2024
4th Circ. Judge Reverses Senior Status Decision
U.S. Circuit Judge James Wynn of the Fourth Circuit has rescinded his decision to take senior status, coming shortly after President Joe Biden's nominee to replace him withdrew his nomination after it was clear he would not get a vote.
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December 16, 2024
Justices Pass On TCPA Case Over Fax Promoting Webinar
The nation's top court on Monday declined to take up a healthcare technology company's appeal seeking to stave off a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending faxes about a free webinar.
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December 16, 2024
Justices Preserve Calif. Vehicle Emissions Autonomy
The U.S. Supreme Court on Monday declined to review whether the U.S. Environmental Protection Agency has the authority to allow California to set its own greenhouse gas emissions standards for vehicles, a power red states had challenged as unconstitutional.
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December 13, 2024
Labaton Keller To Lead ZoomInfo Investor Class Action
Labaton Keller Sucharow LLP and Byrnes Keller Cromwell LLP will represent a proposed class of investors in litigation alleging software and data company ZoomInfo hurt investors after making missteps in an effort to retain new pandemic-era customers and ultimately writing down $33 million because of improperly recognized revenue.
Expert Analysis
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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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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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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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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.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.