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September 13, 2024
Monster Tears Into Supplements Co. For Using 'Beast' Marks
Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.
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September 13, 2024
Nestlé Can't Ax Danone's Whey Protein Patent At EPO
Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.
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September 13, 2024
High Court Sanctions £2.2B Deal For Network International
Middle Eastern payments company Network International Holdings said on Friday that the High Court has sanctioned a £2.2 billion ($2.9 billion) takeover bid from Brookfield Asset Management Ltd.
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September 13, 2024
Former Y Combinator GC Joins Freshfields In Silicon Valley
The former general counsel for a well-known startup accelerator that has backed companies including Airbnb, Coinbase, DoorDash and Instacart has jumped to Freshfields and its Silicon Valley office, the law firm announced on Friday.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
EasyGroup Claims 'EasyCargo' TM Threatens Its Brand
EasyGroup has sued a courier price comparison website over its use of trademark "EasyCargo," as the owner of no-frills airline easyJet alleged that this threatens its family of "easy" TMs in its ongoing battle against what it calls "brand thieves."
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September 12, 2024
Mass. Pot Regulator Gets Acting Head, Fired Chair To Appeal
The Massachusetts cannabis regulator has a new acting chair, as state Treasurer Deborah B. Goldberg on Thursday appointed a temporary replacement after her decision to fire Shannon O'Brien, who intends to appeal the termination.
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September 12, 2024
Nippon's Push To Save US Steel Buy And Other Deal Rumors
An executive of Japan-based Nippon flew to Washington, D.C., this week to push for approval of its $14.9 billion deal with US Steel, the FTC is wary of a Canadian takeover of 7-Eleven, and a former NBA player is buying a 10% stake in the Milwaukee Bucks. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 12, 2024
UK Says Illicit Cigarette Crackdown Halves Tobacco Tax Gap
HM Revenue & Customs said Thursday it has slashed the tax gap on cigarettes and other tobacco products by more than half since 2005.
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September 12, 2024
NewRiver REIT Gets 2nd Extension To Bid For UK Mall Owner
Shopping center owner Capital & Regional PLC said Thursday that the Panel on Takeovers and Mergers has granted its request to allow NewRiver REIT PLC more time to make or cancel a formal offer for Capital & Regional's biggest shareholder Growthpoint Properties Ltd.
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September 12, 2024
Lego Dodges German Rival's Block Design Challenges
Lego has convinced European Union officials that two registered designs for its building blocks are valid, rebuffing challenges from a German toymaker claiming that the shapes should be nixed for lacking individual character.
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September 12, 2024
Tesco Ruling Puts Employers On Notice: Keep Your Promises
A rare injunction issued by the U.K. Supreme Court on Thursday is a warning to employers to stick to what they promised in a contract — but lawyers say it does not prevent bosses from firing staff and rehiring them on worse terms.
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September 12, 2024
Cleary Gottlieb-Led General Mills Snacks On $2B Yogurt Sale
General Mills Inc. said Thursday that it will sell its North American yogurt business to two French dairy companies for $2.1 billion in total cash, allowing it to focus on its core brands.
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September 12, 2024
UK Watchdog Waters Down New Capital Rules For Banks
The Prudential Regulation Authority published Thursday the second part of its rules on capital requirements for banks and has delayed their implementation by six months to the beginning of 2026.
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September 12, 2024
Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules
Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
Gov't Spent $236B In Fraud And Improper Payments In 2023
Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.
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September 11, 2024
Top Calif. Biz Bills Sitting On Gov. Newsom's Desk
Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.
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September 11, 2024
Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.
The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.
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September 11, 2024
NLRB Slaps Amazon For Settlement Violations in NY, Ill.
Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.
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September 11, 2024
Full Fed. Circ. Snubs Google's Fight Over ITC's Powers
The full Federal Circuit has shot down Google LLC's bid for review of a ruling that it infringed Sonos audio patents in light of a U.S. Supreme Court case that abolished deference to government agencies.
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September 11, 2024
EasyGroup Loses TMs After Suing For Infringement
A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.
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September 11, 2024
Trademarks Surge As UKIPO Transforms Digital Platform
The U.K. Intellectual Property Office said Wednesday it has shown "continued high performance" amid accelerating demand over the past year as its digital transformation marches on.
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September 11, 2024
Mars Can't Claim For Contaminated Ice Cream, Supplier Says
A food supplier has denied owing confectionery giant Mars Wrigley £1.1 million ($1.4 million) after ice cream became contaminated with an allegedly hazardous pesticide, claiming it didn't need to check for the substance.
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September 11, 2024
Trustpilot Kicks Off £20M Share Buyback, Returns To Profit
Trustpilot Group PLC launched a new share buyback program worth up to £20 million ($26 million) on Wednesday as the consumer reviews platform bids to reduce its outstanding share capital after it swung back to profit.
Expert Analysis
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.