Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.
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TOP NEWS

4th Circ. Rules No Coverage For Mars' COVID Losses

By Ganesh Setty

Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

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EU Fines Mondelez €338M For Curbing Snack Competition

By Rae Ann Varona

The European Commission on Thursday fined U.S.-headquartered multinational snack company Mondelez International Inc. €337.5 million ($365.74 million) for entering into anticompetitive trade agreements with resellers and abusing its position as a chocolate giant to maintain high prices.

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'New' Facts Don't Permit Do-Over, Kraft-Heinz Tells Chancery

By Leslie A. Pappas

An institutional shareholder of The Kraft-Heinz Co. is not entitled to a "do-over" on an insider trading lawsuit that Delaware's Court of Chancery dismissed in 2021 because the supposed "new evidence" it offers isn't actually new and wouldn't have made any difference in the case, the company said Thursday.

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5th Circ. Won't Fast-Track Challenge To DOL's OT Rule

By Irene Spezzamonte

The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.

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Fed. Circ. Says Winery Minority Owner Can't Try To Cancel TM

By Adam Lidgett

The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision that a family trust that is a minority owner of Paul Hobbs Winery, which owns the trademark registration on the name of winemaker Paul Hobbs, does not have the right to seek cancellation of registrations on certain trademarks.

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POLICY & REGULATION

House Members Approve Closing Delta-8 Hemp 'Loophole'

By Sam Reisman

A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

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LITIGATION

Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

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DOL Says 11th Circ. 'Alone' In ERISA Internal Remedy Stance

By Emmy Freedman

The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.

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Entrepreneur Ordered To Pay $15M For Unlicensed Pot Stores

By Jonathan Capriel

A New York state court hit a cannabis seller with a $15 million judgment Thursday after he was found to be selling marijuana without a license at seven locations inside the state, according to an announcement by the state's attorney general.

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Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data

By Alyssa Aquino

A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.

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Green Groups Sue Colo. Over Factory Farm Pollution Regs

By Henrik Nilsson

Two environmental groups on Thursday urged a Colorado state court to review the Centennial state's decision to issue a permit allowing large animal feeding facilities to operate without monitoring requirements, saying waterways and the public are being exposed to dangerous toxins produced by thousands of animals.

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DEALS

Linklaters Leads Tate & Lyle To Exit US JV For $350M

By Dawood Fakhir

Food producer Tate & Lyle said Thursday that it has agreed to sell its remaining stake in its ingredients business in the Americas to U.S. investment firm KPS Capital Partners for $350 million in a deal guided by Linklaters LLP.

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EXPERT ANALYSIS

Patent Lessons From 4 Federal Circuit Reversals In April

Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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COMPANIES IN TODAY'S NEWS

3G Capital

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Affiliated FM Insurance Co.

Alcoa Corp.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

Center for Biological Diversity Inc.

Cincinnati Financial Corp.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

EMCOR Group Inc.

Evolent Health Inc.

Ferrari SpA

Food & Water Watch

Ford Motor Co.

Fordham University

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Glencore PLC

HSBC Holdings PLC

Icertis Inc.

Integrys Energy Group Inc.

Jubilee Holdings Ltd.

KPS Capital Partners LP

Knife River Corp.

Live Nation Entertainment Inc.

London Stock Exchange Group PLC

Major Lindsey & Africa LLC

Mars Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mondelez International Inc.

NBCUniversal Media LLC

National Collegiate Athletic Association

Norfolk Southern Corp.

Pac-12 Enterprises LLC

Pacific Legal Foundation

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

PetroChina Company Limited

Polycom Inc.

QBE Insurance Group Ltd.

SentinelOne Inc.

Smart Approaches to Marijuana

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Sumitomo Pharma Co. Ltd.

Swissport International Ltd.

Tate & Lyle PLC

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The District of Columbia Bar

The New York Times Co.

University of Virginia

Wells Fargo & Co.

Zuora Inc.

LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Block & Leviton

Bragar Eagel

Bunsow De Mory

Burnham & Gorokhov

Caldwell Carlson

Carle Mackie

Clifford Chance

Clyde & Co

Commins & Knudsen

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Duane Morris

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Fragomen Del Rey

Friedlander & Gorris

Gateley PLC

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Hill Dickinson

Holland & Knight

Horwich Farrelly

Howes Percival

JMW Solicitors LLP

Jones Day

Kasowitz Benson

KaurMaxwell

Kirkland & Ellis

Latham & Watkins

Law Offices of Joseph A. Bondy

Linklaters LLP

Marino Tortorella

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Morgan Lewis

Pallas Partners

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Anderson

Potter Clarkson

Pryor Cashman

Reed Smith

Rosen Hagood

Ross LLP

Saporito Falcone

Schlichter Bogard

Spencer Fane

Swift Currie

Welsh & Recker

Wilkin Chapman

Williams & Connolly

Wimberly Lawson Steckel

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Department of Public Health and Environment

Companies House

Delaware Court of Chancery

European Commission

European Union

Federal Bureau of Investigation

National Labor Relations Board

New York Attorney General's Office

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

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

U.S. District Court for the Middle District of Pennsylvania

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

U.S. District Court for the Southern District of New York

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

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court