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Sheppard Mullin Richter & Hampton LLP

Campaign Promises to Address Rising Prices at the Grocery Store Signal Stronger Price Gouging Investigations, Enforcement Actions,...

Republican and Democrat candidates alike have promised along the campaign trail that they will work to address the costs of everyday essentials for American consumers, particularly for food. One of the centerpieces of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

A&O Shearman

Germany: Immediate dismissal of board member for email forwarding to personal account

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During an investigation, it is not uncommon to discover that an individual has forwarded business emails to their private email address. This ruling from the Higher Regional Court Munich shows the potential implications of...more

Foley Hoag LLP - Environmental Law

In the Void Left by Congress's Failure to Address Plastic Pollution, More Litigation Such as This Is Inevitable

Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo concerning contamination of the Buffalo River. At the time, I...more

Sands Anderson PC

Lawsuit Claiming Fraud Commenced Five Years Too Late: Investors Beware.

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In Zeng v. Wang, the Court of Appeals of Virginia reminded practitioners of a couple important lessons. Here are two of them. First, investors should read and understand the fine print of any prospectus before signing on the...more

Katten Muchin Rosenman LLP

Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13

In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The...more

Kohrman Jackson & Krantz LLP

When Are Pending Trademark Applications Subject to Court Review?

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in...more

PilieroMazza PLLC

SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe

PilieroMazza PLLC on

On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on...more

MoginRubin LLP

Companies Tend to Abandon or Restructure Deals Rather Than Fight the Feds, Agencies Report

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Government credits HSR pre-merger notification program with halting anticompetitive deals. Companies planning mergers and acquisitions tend to avoid challenging the Federal Trade Commission and the Department of Justice’s...more

Katten Muchin Rosenman LLP

No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing Trademark Suits on Paid Search - Kattison Avenue |...

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking,...more

Cozen O'Connor

Connecticut’s $39 Million Award a Bitter Bill for Pharmacy to Swallow

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Connecticut AG William Tong obtained a judgment in his favor in his office’s lawsuit against Assured Rx, LLC (“Assured”), which alleged that the pharmacy engaged in a kickback scheme in violation of state false claims and...more

Gray Reed

How to Haunt the IRS: Daugerdas v. Commissioner

Gray Reed on

In a bench opinion dated September 27, 2024, the Tax Court sustained a Notice of Federal Tax Lien but not the proposed levy against Daugerdas, a convicted tax shelter promoter in home confinement in Illinois....more

Alston & Bird

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

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On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more

Bradley Arant Boult Cummings LLP

Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue

I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 19

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Kelley Drye & Warren LLP

How Elon Musk’s $1 Million Election Sweepstakes May Affect Other Sweepstakes

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Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit...more

Morrison & Foerster LLP

Cases to Watch: Gilead Life Sciences v. Superior Court - October 2024

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The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Civil Remedies are Available Under the Defend Trade Secrets Act?

The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Moritt Hock & Hamroff LLP

FTC’s Final ‘Click to Cancel’ Rule on Negative Option Programs: What You Need to Know

On October 16, 2024, the Federal Trade Commission (FTC) announced its Final Rule revising its Negative Option Rule, now known as the Rule Concerning Recurring Subscriptions and Other Negative Option Programs (the Rule). The...more

Mintz - Privacy & Cybersecurity Viewpoints

Consumer Privacy Laws are Taking Effect Across the Nation – Are You Ready?

Comprehensive consumer privacy laws continue to hit the desks of governors in states across the country, with nineteen state laws now on the books. Since we wrote our 2023 Round-Up on State Consumer Data Privacy Laws article...more

Goldberg Segalla

Debtor’s Motion for Preliminary Injunction Granted

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Jurisdiction: United States Bankruptcy Court for the District of New Jersey - Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey....more

Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

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For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Bond Schoeneck & King PLLC

Revamping Your Cybersecurity Policies and Procedures: Tips and Tricks

As each year passes and technology advances, businesses face an increasingly difficult task to maintain adequate security measures to protect their organizations’ assets and data. With this in mind, it is important to review...more

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