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April 12, 2024
Abbott Labs Gets Price Claims Tossed In Baby Formula MDL
An Illinois federal judge on Friday threw out a suit from parents alleging that Abbott Laboratories benefited from increased prices during a shortage of baby formula kicked off when one of its facilities was shut down, saying they haven't shown that the company's profits during that time were unjustly retained.
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April 12, 2024
Bridal Designer Seeks Conversion Of JLM Couture To Ch. 7
A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.
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April 12, 2024
Bimbo Beats False Ad Suit Over 'All Butter' Entenmann's Cake
Bimbo Bakeries defeated a proposed class action alleging its Entenmann's brand "All Butter" loaf cake is misleading to customers since the butter taste is partially sourced from artificial vanillin, after a Maryland federal judge said Friday the claims are preempted by the U.S. Food Drug and Cosmetic Act.
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April 12, 2024
Conn. Pot Opponents Can't Sue To Shut Down Legal Sales
An alliance of Stamford, Connecticut, residents cannot sue the city's mayor and zoning board over the approval of local regulations that allow marijuana and cannabis-related businesses, a state court judge has ruled in dismissing a lawsuit that also sought to end legal sales statewide.
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April 12, 2024
Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says
A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.
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April 12, 2024
'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit
The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 11, 2024
FTC Curtails Treatment Provider's Sharing Of Health Data
The Federal Trade Commission took its latest step Thursday to crack down on the mishandling of sensitive health information, announcing a settlement that requires a New York-based alcohol addiction treatment service to obtain affirmative consent before sharing this data with third parties and bars the company from disclosing this information for advertising purposes.
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April 11, 2024
3 Firms Guide Safety Inspection Firm UL's Upsized $946M IPO
Safety inspection company UL Solutions Inc. on Thursday completed a larger-than-anticipated $946 million initial public offering near the top of its price range, guided by three law firms.
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April 11, 2024
Judge Tells USPTO To Hand Over 'Expanded' Panels List
A Virginia federal judge has ordered the U.S. Patent and Trademark Office to hand over a list the agency once made of how many Patent Trial and Appeal Board proceedings went before "expanded" panels, a practice that has since been abandoned.
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April 11, 2024
FTC's Bedoya Looking For Market Power In Pricing Cases
Federal Trade Commissioner Alvaro Bedoya said Thursday he is most interested in bringing potential cases under the Robinson Patman Act when a company is using its market power to gain an unfair advantage over smaller rivals.
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April 11, 2024
Shops Fight Altria Unit's Bid To Block Flavored Vape Sales
A group of smoke shops urged a California federal judge to reject a bid by vape manufacturer NJOY, a subsidiary of tobacco giant Altria Group, Inc., seeking to block the retailers from selling Elf Bar branded flavored vapes, arguing that consumers won't flock to NJOY's tobacco flavored products even if Elf Bar is off the market.
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April 11, 2024
Flopped Casino SPAC Investor Sues In Del. To Block Payout
An investor in a special purpose acquisition company that made a doomed, $2.7 billion effort to buy a casino in the Philippines has asked Delaware's Court of Chancery to prevent the SPAC from redeeming its outstanding shares, arguing it would violate Delaware law because the SPAC is insolvent.
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April 11, 2024
AG Asked To Weigh In On Jack Daniel's TM Dispute
An Arizona federal judge has certified a constitutional question from VIP Products LLC asking U.S. Attorney General Merrick Garland whether the First Amendment supports the Lanham Act provision authorizing injunctive relief in cases of trademark dilution by tarnishment.
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April 11, 2024
Pool Co. Gets Rival's Assets Frozen After False Ads Verdict
A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.
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April 11, 2024
Nogin Can Get Another $3M In Ch. 11 Cash To Get Plan Done
E-commerce company Nogin Inc. received permission Thursday from a Delaware bankruptcy court to draw another $3 million in Chapter 11 financing as it continues working toward implementing its court-approved restructuring plan.
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April 11, 2024
Insurer Drops Suit After Evidence Clears Stihl In Fire Case
Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.
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April 11, 2024
Judge Grants $3.2M In Fees For Wawa Class Counsel
There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.
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April 11, 2024
State Enforcers: Not Joining Fed Cases No Sign Of Opposition
Several state enforcers said Thursday they choose which antitrust cases being brought by federal enforcers they join based on a number of factors, and it doesn't mean they are opposed to a case if they decide not to join.
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April 11, 2024
Exploding Shower Door Injury Suit Must Stay In Fed. Court
A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.
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April 11, 2024
1st Challenge To NLRB Structure Axed For Lack Of Standing
A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.
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April 11, 2024
Commerce Rebuked For Not Explaining Penalty In Duty Order
The U.S. Court of International Trade ordered the U.S. Department of Commerce to re-explain a 10.54% penalty included in a Chinese ribbon company's countervailing duties, saying Commerce's latest defense relied on information unavailable to the court.
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April 11, 2024
Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told
A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.
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April 11, 2024
Jury Frees Urban Outfitters From Trade Secrets Suit
Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.
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April 10, 2024
States, Wild Cards & Time: Hurdles Facing Privacy Law Push
Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.
Expert Analysis
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Considerations For Navigating Mixed-Use Developments
As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.
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Cos. Must Address Growing Chatbot Class Action Risk
Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.
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Regulatory Shift May Offer Lifeline To NY's Cannabis Industry
Recent developments may help to open up the regulatory log jam and increase the number of licensed dispensaries in New York state, and can eventually allow the licensed cannabis market to win out over unlicensed dispensaries, say attorneys at Davis+Gilbert.
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Co. Directors Must Beware Dangers Of Reverse Factoring
New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.