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March 28, 2024
NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest
NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.
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March 28, 2024
Reynolds Falsely Hypes Foil As 'Made In USA,' Suit Says
Reynolds Wrap misleadingly claims its aluminum is made in the United States although a significant amount of aluminum production takes place elsewhere, and none of the bauxite ore used to make it is mined in the U.S., according to a proposed class action filed in New York federal court.
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March 28, 2024
Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit
An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.
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March 28, 2024
Rite Aid Says It Has Creditor Deal, Gets OK For Plan Vote
A New Jersey bankruptcy judge Thursday gave Rite Aid the go-ahead to send its Chapter 11 plan out for a creditor vote after hearing it has reached a $47.5 million deal with unsecured creditors and is close to a settlement on state and federal claims over drug sales.
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March 28, 2024
FDA Warns 61 Stores Over Illegal Vape Sales
The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
Insurer's $1.37M Suit Over Stolen Walmart Flare Gun Misfires
An Oregon federal judge has thrown out a $1.37 million suit from Ascot Specialty Insurance Co. against Walmart Inc. seeking to hold the retailer liable for a fire started by a stolen flare gun, saying the insurer has failed to show how Walmart is responsible for a third party's criminal acts.
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March 28, 2024
MSG-Maker Says Chinese Exporters Skirting Duties Via Malaysia
The U.S. arm of Japanese monosodium glutamate manufacturer Ajinomoto Co. Inc. claims Chinese MSG producers are using a Malaysian competitor to evade duties on the umami flavor enhancer, saying the Malaysian company's facility isn't big enough to produce the product.
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March 28, 2024
Investors Strike $42.5M Deal In Brookfield-GGP Merger Suit
Brookfield Property Partners LP has reached a tentative $42.5 million deal to bring an end to a yearslong battle with stockholders who alleged they were given misleading information about the global real estate company's 2018 acquisition of U.S. mall operator GGP Inc.
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March 28, 2024
Ex-BigLaw Atty Named Acting GC At Neptune Wellness
Neptune Wellness Solutions Inc. elevated to acting general counsel one of its in-house lawyers, who previously worked in BigLaw, the consumer-packaged goods company said in a securities filing on Wednesday, just days after a federal judge's order to replace its legal counsel.
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March 28, 2024
'Better Made' Chips Goes After 'Better Smoke' Pot
Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.
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March 28, 2024
Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive
Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.
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March 28, 2024
Chancery Dismisses Carvana Shareholders' Stock Offer Suit
Delaware's Court of Chancery has dismissed a derivative suit from stockholders of online used car retailer Carvana who sued the company's founders over a $600 million direct stock offering, finding that a two-person special litigation committee that the company created to investigate the matter had done its job properly.
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March 28, 2024
NBCUniversal, DeLorean Settle 'Back To The Future' TM Suit
NBCUniversal Media LLC has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, according to a notice filed Tuesday in California federal court.
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March 28, 2024
Romney Tells DEA Pot Review Must Heed Treaty Obligations
Sen. Mitt Romney, R-Utah, on Wednesday expressed skepticism about federal health regulators' recommendation to loosen marijuana restrictions and pressed the U.S. Drug Enforcement Administration to explain how it would consider the drug's status in light of U.S. treaties.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 28, 2024
The Home Depot Buying PE-Backed SRS For $18.25B
The Home Depot said Thursday it has agreed to acquire SRS Distribution Inc., a private equity-backed distributor of roofing and building supplies, for $18.25 billion, inclusive of debt.
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March 27, 2024
Amazon Can't Block DSA Ad Repository Requirements
A European court reversed a ruling temporarily exempting Amazon from a set of regulations for large digital platforms, ruling Wednesday that — like Apple's App Store, Facebook and Instagram — Amazon will have to maintain a publicly available repository of advertising information, as mandated by the European Union's 2022 Digital Services Act.
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March 27, 2024
Kim Kardashian Accused Of Touting Fake Donald Judd Tables
Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told
Some justices of the Connecticut Supreme Court signaled on Wednesday that a lower court may have failed to provide a workable definition of the word "residence" when deciding that a Branford-based zoning board's regulations allowed short-term rentals through services like Vrbo and Airbnb.
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March 27, 2024
Cannabis Caucus Dems Urge Garland To Restore Pot Protections
The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.
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March 27, 2024
Citi Can't Arbitrate Anti-Armenian Bias Claims, Court Told
A California woman has urged a federal court to reject Citibank NA's motion to arbitrate her proposed class action accusing the bank of discriminating against consumers with Armenian surnames, saying it fails because it ignores a ruling in a separate case against Citibank that voided arbitration agreements that don't allow for public injunctive relief.
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March 27, 2024
Fed. Circ. Says Faulty Jury Directions Warrant New IP Trial
The Federal Circuit on Wednesday granted Inline Plastics Corp. another chance to convince a Massachusetts federal jury that its tamper-resistant plastic containers were too successful for the underlying patents to be invalidated as obvious.
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
Expert Analysis
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Landmark Ark. Ruling Is Welcome News For Hemp Industry
An Arkansas federal court's recent ruling in Bio Gen v. Sanders creates a road map for plaintiffs to attack state laws that restrict hemp, making it one of the most important cases to date addressing the 2018 Farm Bill and state laws regarding hemp, says Rod Kight at Kight Law.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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What An NCAA Drug Test Change Could Mean For Cannabis
If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.
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NJ Law Reinforces States' Stance Against Card Surcharges
A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.
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What Marijuana Status Change Would Mean For Industry
If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.
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6 Lessons From Direct Selling Industry's Win Over FTC
A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.
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Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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OECD Gender Inclusive Toolkit May Inform Competition Policy
A toolkit recently released by the Organization for Economic Cooperation and Development offers a potential framework for guiding competition regulators and practitioners to better understand how market dynamics affect different gender groups, and could potentially be applied to other demographic lenses as well, say analysts at Analysis Group.
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Do Website Accessibility Suits Violate Hobbs Act, RICO?
As more website accessibility lawsuits are filed on behalf of people with visual impairments, attorneys' settlement demands may be extortionate under the Hobbs Act, and may also constitute an act of racketeering, giving rise to civil causes of action, say Nika Aldrich and Amanda Kohls at Schwabe Williamson.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.