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April 26, 2024
CVS Customers Say Colo. Co. 'Eavesdrops' On Web Activity
Two consumers who used CVS.com to order prescription refills have filed a putative class action against a Colorado software service provider claiming it illegally eavesdrops on visitors' interactions with the website without their knowledge, even gathering information about specific drugs and dosages they purchased.
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April 26, 2024
FTC Claims Amazon Execs Destroyed Antitrust Evidence
The Federal Trade Commission and state attorneys general urged a Washington federal judge to force Amazon to produce documents detailing its preservation efforts in their high-stakes antitrust fight, arguing that discovery has revealed that ex-CEO Jeff Bezos and other executives used the encrypted app Signal to destroy relevant antitrust evidence.
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April 26, 2024
L Catterton Buys Majority Stake In KIKO Milano At $1.5B Value
Private equity firm L Catterton said Friday it has agreed to buy a majority stake in the Percassi family's beauty brand KIKO Milano, in a deal steered by Italian law firms Bonelli Erede Lombardi Pappalardo and Gatti Pavesi Bianchi Ludovici, respectively, along with several additional consultants and financial advisers.
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
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April 25, 2024
Conn. Judge Sends Colo. Mass Shooting Cases To State Court
A Connecticut federal judge sent two lawsuits against gunmaker Sturm Ruger & Co. Inc. back to state court Thursday, finding that the complaints brought by the estates of two Colorado mass shooting victims did not meet a key standard for handling the claims in federal court.
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April 25, 2024
Court Brushes Off Door Co.'s Bid To Hasten Duty Refund
The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.
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April 25, 2024
Joann Fabric Wins Confirmation Of Prepackaged Ch. 11 Plan
Joann Inc., parent company of retailer Joann Fabric and Crafts, received a Delaware judge's approval of its prepackaged Chapter 11 plan Thursday that will lighten its debt load by $505 million.
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April 25, 2024
Dominican Republic, Uzbekistan No Longer On IP Watch List
The Office of the U.S. Trade Representative announced Thursday it has removed the Dominican Republic and Uzbekistan from its watch list of countries with poor track records on intellectual property protection, keeping close trade partners Mexico and Canada on the roster.
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April 25, 2024
NY Pot Regulator Seeks Dismissal Of Bias Suit
New York's cannabis regulator on Wednesday asked a federal judge to toss a lawsuit litigated by a conservative legal organization that alleges that the state's social equity licensure program discriminates against white men, saying the plaintiffs lack standing.
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April 25, 2024
Split Take On NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern
A recent New Jersey Supreme Court decision rejecting "fake discounts" as a source of consumer fraud was a boon for the class action defense bar, but the takes of three dissenting judges and Attorney General Matt Platkin show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled.
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April 25, 2024
Ore. Tax Court Rejects Lowe's Valuation Reduction Arguments
A Lowe's home improvement store was properly valued by comparing the sales values for occupied big box home improvement stores, the Oregon Tax Court said in a pair of rulings.
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April 25, 2024
Rival Amazon Union Attys Get Warning From Federal Judge
A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.
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April 25, 2024
Panel Backs Gas Station's Win In Drunken Driving Death Suit
An Ohio state appeals court has upheld the dismissal of a lawsuit over the deaths of two young men in a drunken driving crash, saying the alcohol seller can't be liable under Ohio's Dram Shop Act because the purchaser wasn't the driver.
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April 24, 2024
Whole Foods May Have Retaliated In BLM Case, 1st Circ. Says
Whole Foods hasn't yet proven that its firing of a worker who wore a Black Lives Matter mask to work wasn't retaliatory, the First Circuit said in an opinion unsealed Wednesday, ruling that there is a "genuine dispute" as to whether she was terminated for protected conduct.
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April 24, 2024
Cooley, Latham Lead Data Security Firm Rubrik's $752M IPO
Venture-backed data security firm Rubrik Inc. on Wednesday priced a $752 million initial public offering above its range, represented by Cooley LLP while Latham & Watkins LLP advised the underwriters, joining an increasingly receptive market for technology firms.
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April 24, 2024
Judge Suggests Amazon Never Denied Late-Delivery Refund
A Washington federal judge seemed to signal Wednesday that a putative class action accusing Amazon of not delivering a package as quickly as promised might get dismissed, noting the plaintiff did not actually get denied a refund because he never requested one.
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April 24, 2024
9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order
The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.
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April 24, 2024
Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.
An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.
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April 24, 2024
US Solar Cos. Call For Duties On Cells From Southeast Asia
Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.
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April 24, 2024
Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says
Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.
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April 24, 2024
Forex Trader Must Pay $11.8M For Ponzi-Like Scheme
A Michigan federal judge on Tuesday said a purported forex commodity pool operator and its agent must pay more than $11.8 million in penalties and restitution for bilking participants in a Ponzi-like scheme, after the defendants ignored a Commodity Futures Trading Commission suit.
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April 24, 2024
Louis Vuitton Flouted Wage And Hour Laws, Suit Says
Louis Vuitton has been hit with a proposed wage and hour class action in Los Angeles Superior Court by a former employee, alleging the luxury fashion company failed to pay overtime, provide proper meal and break periods and manipulated time cards to show fewer hours than worked during the pay period.
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April 24, 2024
Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads
Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.
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April 24, 2024
FDA Can Keep Most Docs Hidden From Juul's FOIA Request
A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.
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April 24, 2024
Joe Rogan Brain Health Supplements Don't Work, Suit Claims
A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.
Expert Analysis
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations
The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.