California’s attorney general and an Italian restaurant sparred Tuesday in the Ninth Circuit over how a U.S. Supreme Court ruling about retailers’ disclosures to customers regarding credit card surcharges will affect the AG's appeal of a California federal court decision that tossed a state ban on credit card surcharges.
The U.S. Tax Court refused to grant anonymity to a petitioner seeking a whistleblower award from the IRS in a published opinion Wednesday, citing the public interest of identifying “serial filers” in the wake of an increasing number of whistleblower claims.
A proposed class of customers accusing Theranos Inc. of misleading them about the accuracy of the startup’s blood tests on Tuesday asked a federal judge to revive parts of the mostly dismissed suit, arguing he misinterpreted joint venture liability and medical consent laws.
Walmart, Skechers and New Balance are urging the Federal Circuit to rule that Converse cannot protect its Chuck Taylor sneaker with trademark law, saying the shoe’s design had been “ubiquitously sold for decades by numerous companies.”
Meal kit delivery startup Blue Apron Holdings Inc. slashed its initial public offering price range by more than one-third on Wednesday, according to a regulatory filing, representing a potentially sharp reduction in proceeds just as the week's highest-profile IPO is about to price.
Private equity firm Sycamore Partners has agreed to pick up Staples Inc. for $6.9 billion, a deal that comes after the office supply retailer’s attempted tie-up with rival Office Depot Inc. was blocked by antitrust regulators.
The Massachusetts Department of Revenue on Wednesday revoked its controversial final directive requiring out-of-state online retailers to collect sales or use tax and said it may propose new, but similar, regulations that the public can comment on before the state finalizes them.
The parent company of Panda Express will pay more than half a million dollars to settle claims that the nationwide fast-food chain excessively checked the immigration documents of already-verified employees, the Department of Justice’s Civil Rights Division announced Wednesday.
The owner of Vogue magazine has filed a trademark infringement lawsuit seeking to block a Taiwanese company from selling a “Legend Vogue” line of jewelry in the United States, saying the company’s use of Vogue’s trademark is likely to deceive consumers as to the origin of its goods.
Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.
Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.
The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.
A group of Chicago-area store owners filed a lawsuit Tuesday in Cook County Court seeking to halt the enactment of a penny-an-ounce county tax on soda pop, arguing it will negatively impact their sales.
International Paper Co. has agreed to pay $354 million to settle a seven-year class action accusing it and other containerboard manufacturers of colluding to suppress supply and increase prices, according to a proposed settlement agreement filed in Illinois federal court Tuesday.
Payless Holdings LLC received permission Tuesday in Missouri bankruptcy court to embark on a third round of store closures, paving the way for the closure tally to approach 700.
Darden Restaurants Inc. urged a Florida federal judge Tuesday to wait to decide a case claiming it violated the Fair and Accurate Credit Transactions Act, saying the judge is set to rule on a strikingly similar suit that also addresses the U.S. Supreme Court’s Spokeo v. Robins ruling.
A California judge Tuesday refused to approve Vons Cos. Inc.’s $2.1 million settlement to resolve the putative class claims of 43,700 former employees alleging the grocery giant was slow to pay post-termination wages, saying the deal waives Private Attorneys General Act claims not raised in the complaint.
In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.
A venture that includes Planned Property Management's Robert Buford is said to have dropped $100 million on a Chicago apartment tower, an East End Capital venture has reportedly scored a $57.9 million loan for a Florida residential and retail project and Berkshire Group is said to have bought a Florida apartment complex for $100 million.
“Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.
A lack of clear federal regulatory guidance on the quality and safety of food is one primary reason food waste is such a chronic problem in the U.S. Another is fear of liability. But potential solutions exist, both in the form of proposed legislative reform and current legislation, as well as voluntary standards developed by the food industry, says Michael Cromwell of Womble Carlyle Sandridge & Rice LLP.
The experience of the past decade simply has not borne out the U.S. Supreme Court dissent’s prediction that Leegin “will likely raise the price of goods at retail” and “create considerable legal turbulence as lower courts seek to develop workable principles,” says Michael Lockerby, co-leader of Foley & Lardner LLP's distribution and franchise practice group.
In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.
The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.
Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.
In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.
Nevada Senate Bill 398 helps make the state welcoming to companies using blockchain technology, and gives legal recognition to blockchain transactions. It also incorporates blockchain into the definition of electronic records, and prohibits interference from local governments, says Ben Kieckhefer, a member of the Nevada Senate and director of client relations for McDonald Carano LLP.
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.