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National Law Journal

'Racial Animus'?: 4th Circuit Revives Bias Lawsuit Against Ollie's Bargain Outlet

"Taking [Alexis] Guerrero's factual allegations together and accepting them as true, we find that he has sufficiently alleged that Ollie's intended to discriminate against him on the basis of race and that the discrimination interfered with a contractual interest," Judge DeAndrea Gist Benjamin wrote, reviving the plaintiff's lawsuit.
3 minute read

Litigation Daily

How Kirkland Litigators and Restructuring Lawyers Partner on Bankruptcy Work

Kirkland & Ellis litigator Mark McKane and his restructuring partner Aparna Yenamandra discuss their recent work on behalf of retail pharmacy Rite Aid, which is poised to emerge from bankruptcy.
5 minute read

The Recorder

E-Commerce Company Alleges Albertsons Stole Trade Secrets to Develop Own Platform

Seattle-based Replenium alleges Albertsons induced it to share trade secrets the grocer then misappropriated to build its own e-commerce system before terminating their agreement.
4 minute read

Corporate Counsel

Kroger Suit Claims FTC Using Unconstitutional Process to Try to Kill Megamerger

"Unless the proceeding is enjoined, Kroger will suffer an immediate constitutional injury by being subjected to an illegitimate proceeding," Kroger says in the newly filed complaint.
3 minute read

Law.com

'The Adult Version of Pedialyte': Abbott Allowed to Proceed With Trademark-Infringement Suit Against Similar Revitalyte Beverage

Abbott has also put forth evidence of Revitalyte retweeting comments referring to Revitalyte as 'the adult version of Pedialyte,' 'like Pedialyte but for adults,' 'barstool sports Pedialyte,' 'barstool sports brand Pedialyte,' 'barstool sports branded Pedialyte,' and 'Barstool Pedialyte.' These comments also provide examples of actual consumer confusion," said U.S. District Judge Donovan W. Frank for the District of Minnesota.
4 minute read

Corporate Counsel

FTC's Kroger-Albertsons Suit Premised on 'Fanciful' Definition of Grocery Market, Dissenting States Say

The Federal Trade Commission's lawsuit seeking to block the $24.6 billion merger presumes "that consumers are walled off from any other sources for groceries and have no alternative but to buy all their needs from either Kroger or Albertsons alone," according to an amicus brief filed Friday by Alabama, Georgia, Iowa and Ohio. 
4 minute read

Corporate Counsel

$2.6M FTC Settlement With Auto Dealer Accused of Racial Bias Reveals Rift Among Commissioners

"By seeking to ... transform the agency into a general civil rights regulator, the commission risks further politicizing the agency's mission," GOP Commissioner Melissa Holyoak wrote.
5 minute read

Law.com

'100% Knock Off': Husqvarna Files Trademark Suit Against Unauthorized Online Seller of Used, Returned Outdoor Power Products

Customers left comments about their purchases with reviews saying: "This is 100% knock off," "[W]e were sold a previously returned item. Disappointing and upsetting. We bought new and should have been sent a new [product] in a sealed [off] taped box," and "I suggest avoiding this company," the complaint cited.
3 minute read

The Recorder

Who Got the Work: Willkie Farr and Gibson Dunn Enter Appearances for Big Tech in Pending Privacy Class Action

Plaintiffs say a wellness company breached California's wiretapping and eavesdropping laws by feeding consumers' confidential information to Big Tech "third-party" defendants through its websites.
3 minute read

Corporate Counsel

Tyson Veteran to Succeed Target's Don Liu as Legal Chief

Amy Tu is taking the reins of a retail goliath with 415,000 workers and annual sales of $107 billion.
6 minute read

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