The Delaware Chancery Court on Thursday denied Albertsons Cos. Inc.'s bid to force The Kroger Co. to submit additional internal law firm communications in litigation over the companies' failed $24.6 billion merger, ruling that Kroger's waiver of attorney-client privilege does not extend to lawyers' brainstorming that was never communicated to the client.
Law360
Food & Beverage
FRIDAY, JUNE 26, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Del. Shields Kroger Lawyers' Brainstorming In Albertsons Suit

By Jarek Rutz

The Delaware Chancery Court on Thursday denied Albertsons Cos. Inc.'s bid to force The Kroger Co. to submit additional internal law firm communications in litigation over the companies' failed $24.6 billion merger, ruling that Kroger's waiver of attorney-client privilege does not extend to lawyers' brainstorming that was never communicated to the client.

1 document attached | Read full article » | Save to favorites »

Monsanto Wins High Court Fight Over Roundup Cancer Warnings

By Emily Field

The U.S. Supreme Court on Thursday handed Monsanto a win in its long-running litigation battle over the labeling of alleged cancer risks of its bestselling weedkiller Roundup, clearing the path for a $7.25 billion settlement to end thousands of suits facing the Bayer AG unit by finding that the state law claims underlying a $1.25 million jury verdict are barred.

Decision attached | Read full article » | Save to favorites »

11th Circ. Judges Question Coke's View Of IRS As Arbitrary

By Molly Moses

Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

Read full article » | Save to favorites »

Walmart Worker's $23M Retaliation Verdict Slashed To $300K

By Grace Elletson and Rachel Riley

A Washington federal judge on Thursday reduced a $23 million verdict handed to a former Walmart employee who claimed she was fired for reporting sexual harassment, saying a statutory damages cap requires the court to cut the victory to $300,000.

Motion attached | Read full article » | Save to favorites »

Brad Pitt Gets OK To Sue Oligarch In Calif. Over Winery Sale

By Hailey Konnath

A California appellate court has vacated a lower court's jurisdictional ruling, holding that Brad Pitt could indeed sue the new part-owner of the French winery he once owned with his ex-wife Angelina Jolie in California court because the owner has sufficient ties to the Golden State.

Opinion attached | Read full article » | Save to favorites »

5th Circ. Backs FDA's Block On Vape Marketing

By Aneeta Mathur-Ashton

The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

Opinion attached | Read full article » | Save to favorites »

POLICY & REGULATION

EU Implements US Trade Deal, With Safeguards

By Jack McLoone

The European Union granted final approval Thursday to its modified version of a trade deal with the U.S. that will cut tariff rates on U.S. goods, albeit with guardrails.

2 documents attached | Read full article » | Save to favorites »

Brief

Canadian, Indian Citric Acid Face Countervailing Duties

By Jack McLoone

Citric acid and citric salts from Canada and India are facing possible countervailing duties after the U.S. Department of Commerce preliminarily found them to be benefiting from government subsidies Thursday.

2 documents attached | Read full article » | Save to favorites »

LITIGATION

Kraft Heinz Must Arbitrate Union Pension Dispute, Judge Says

By MJ Koo

An Iowa federal judge has ordered Kraft Heinz Co. to submit a pension eligibility grievance to arbitration, finding the company's collective bargaining agreement requires it to arbitrate the dispute and rejecting its bid to block the proceedings.

Order attached | Read full article » | Save to favorites »

Wash. Justices Back Climate Act Farm Fuel Exemption Regs

By Rachel Riley

The Washington Supreme Court unanimously rejected the Washington Farm Bureau's challenge to regulations surrounding a farm fuel exemption in a landmark 2021 law establishing the state's cap-and-invest program, finding Thursday the rule aligns with lawmakers' ultimate goal of curbing top greenhouse gas emitters.

Opinion attached | Read full article » | Save to favorites »

9th Circ. Says Farmworkers' Attys Deserve Higher Fee

By MJ Koo

The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

Opinion attached | Read full article » | Save to favorites »

Ark. Farmers Say Crop Dusting Drones Crash And Burn

By Mike Curley

A proposed class of farmers is suing the makers of the EAVision J100 agricultural spray drones in Arkansas federal court, saying despite being advertised as having lidar and collision-avoidance technology, the drones have been known to crash and catch fire, endangering farmworkers, crops and livestock.

Complaint attached | Read full article » | Save to favorites »

Detroit Club Hit With Nearly $6.3M In Race Retaliation Verdict

By Melanie Dorsey

Former Detroit Club server Miya Shani Hooks audibly sobbed Thursday as a federal jury found the club and its owner liable for retaliating against three former employees who said they had spoken out against racist treatment of Black guests and staff. 

Read full article » | Save to favorites »

Attys Urged To Challenge Clients Who Demand AI Research

By Aaron Keller

A Connecticut federal judge urged attorneys during a Thursday sanctions hearing to push back against clients who demand lawyers use generative artificial intelligence tools to conduct legal research, saying the technology is no substitute for professional judgment and discretion because it "aims to please" and can misstate the law.

2 documents attached | Read full article » | Save to favorites »

Mich. Justices Revive BAC Proof In Fatal Crash Prosecution

By Susan Smiley

The Michigan Supreme Court ruled that a jury should be allowed to hear evidence that a motorcyclist killed in a traffic collision may have been intoxicated at the time of the crash, reversing lower court decisions that excluded the evidence from a criminal prosecution against the driver of the other vehicle.

Opinion attached | Read full article » | Save to favorites »

Brief

Retail Center, AIG Unit Settle Suit Over Foundation Damage

By Hope Patti

A real estate management company has settled its suit accusing an AIG unit of failing to cover property damage at a retail complex in Calabasas, California, according to a federal court filing.

1 document attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Series

Moshing Makes Me A Better Lawyer

Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Groombridge Wu Tops Milbank Pay Scale For Associates

By Kevin Penton

Groombridge Wu Baughman & Stone LLP is the latest firm to top the pay scale for associates announced earlier this month by Milbank LLP, with attorneys set to earn as much as $470,000.

Read full article » | Save to favorites »

Senate Confirming Judges Faster Than In Trump's 1st Term

By Courtney Bublé

The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

Read full article » | Save to favorites »

Lack Of Evidence Sinks Insurance Fraud Case, Atty Says

By Emily Sawicki

A Louisiana law firm and lawyer found guilty of criminal conspiracy and wire fraud for staging vehicle crashes as part of a scheme to defraud insurance carriers and trucking companies are seeking acquittal or a new trial, arguing that federal prosecutors failed to support their claims with evidence.

Brief attached | Read full article » | Save to favorites »

SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

By Jared Foretek

Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

2 documents attached | Read full article » | Save to favorites »

Feds Say Would-Be Kavanaugh Assassin Was Let Off Easy

By Nadia Dreid

Both federal prosecutors and a Stephen Miller-founded public interest group believe that a Maryland federal judge let a woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh off too easy because of her gender identity and want the Fourth Circuit to order resentencing.

2 documents attached | Read full article » | Save to favorites »

Quinn Emanuel Says 3M Fee Proposal Undervalues Its Work

By Carolina Bolado

Quinn Emanuel Urquhart & Sullivan LLP has objected to a special master's recommendation on the allocation of common benefit fees in the $6 billion settlement that ended multidistrict litigation against 3M over allegedly faulty combat earplugs, saying the amount doesn't value the "length, extent and impact" of the firm's work.

Memorandum attached | Read full article » | Save to favorites »

gray blue promo that reads Law360 Pulse Lawyer Satisfaction Survey gray blue promo that reads Law360 400

COMPANIES IN TODAY'S NEWS

3M Co.

Albertsons Cos. Inc.

American Federation of Labor & Congress of Industrial Organizations

American International Group Inc.

Archer-Daniels-Midland Co.

Bayer AG

Cargill Inc.

Columbia Legal Services

Lexington Insurance Co.

Monsanto Co.

The Coca-Cola Co.

The Kraft Heinz Co.

The Kroger Co.

United Food & Commercial Workers International Union

Walmart Inc.

Washington Farm Bureau

LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Aylstock Witkin

Bailey Cowan

Ballard Spahr

Barnard Iglitzin

Berchem Moses

Bird Marella

Bowman & Brooke

Brito PLLC

Bryan Cave Leighton Paisner

Clark Love & Hutson

Clement & Murphy

Constangy Brooks

Cooley LLP

Covington & Burling

Cravath Swaine

Dechert LLP

Desmarais LLP

Fisher & Phillips

Frazer PLC

Gordon Rees

Groombridge Wu

Hailey McNamara

Keller Postman

Kellogg Hansen

Laminack Pirtle

Latham & Watkins

Lesnick Prince

Matthew G. Miller PC

Messa Law

Milbank LLP

Moore Hill & Westmoreland

Motta Law

Munger Tolles

Ogletree Deakins

OnderLaw

Porter Malouf

Quinn Emanuel

Richards Layton

Ross Aronstam

Rush & Nicholson

Sanders Law Firm PC

Seeger Weiss

Selendy Gay

Southern Health Lawyers

Spero Law LLC

Stone LLP

Susman Godfrey

Thomas Combs

Trent & Taylor

Troutman Law Office

Wachtell Lipton

Weil Gotshal

Williams & Connolly

Zimmer Citron

GOVERNMENT AGENCIES IN TODAY'S NEWS

Council of the EU

Delaware Court of Chancery

European Commission

European Parliament

European Union

Executive Office of the President

Federal Bureau of Investigation

Food and Drug Administration

Internal Revenue Service

International Trade Administration

International Trade Commission

Michigan Supreme Court

State of Michigan

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Eastern District of Louisiana

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Arkansas

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Northern District of Florida

U.S. District Court for the Southern District of Iowa

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Supreme Court

U.S. Tax Court

United States District Court for the Northern District of Ohio

Washington Attorney General's Office

Washington State Department of Ecology

Washington State Employment Security Department

World Health Organization