The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.
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THURSDAY, OCTOBER 3, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Kroger Partner Denies At Trial It Will Flip Acquired Stores

By Thy Vo and Greg Lamm

The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.

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Schultz's Words To Starbucks Barista Are Illegal, NLRB Says

By Beverly Banks

Starbucks broke federal labor law when former CEO Howard Schultz told a pro-union worker they could "go work for another company" if they weren't happy at the coffee chain, the National Labor Relations Board concluded Wednesday, finding Schultz's "generic assurances against retaliation" didn't let the company off the hook.

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Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling

By Hope Patti

A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.

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ENFORCEMENT

EPA Settles Suit Over Washington Aquatic Cyanide Rules

By Ali Sullivan

The U.S. Environmental Protection Agency agreed to evaluate Washington state's water quality standards for cyanide pollution, resolving a lawsuit that accused the agency of maintaining lax standards that threaten wildlife.

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LITIGATION

Game Artist's Discovery Violations Doom Gen Con Suit

By Rachel Riley

A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.

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14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

By Madeline Lyskawa

A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

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NINTH CIRCUIT

9th Circ. Won't Force New Factory Farm Water Regs On EPA

By Juan-Carlos Rodriguez

The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.

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PEOPLE

K&L Gates Adds Commercial Litigator From Corr Cronin

By Rose Krebs

K&L Gates LLP has hired as a partner for its litigation and dispute resolution practice a Corr Cronin LLP attorney who handles commercial, securities, emerging technology, Ponzi scheme-related, and other cases.

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EXPERT ANALYSIS

Aviation Watch: Boeing Plea Agreement May Not Serve Public

The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

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LEGAL INDUSTRY

These Are The Legal Chiefs Who Command Top Dollar

By Michele Gorman

With the increasingly dynamic role of the top corporate lawyer playing out across sectors — as well as stock awards that far outpace the amounts they see in their salaries and bonuses — the pay packages for most general counsel and chief legal officers continue to stay strong.

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The 2024 Compensation Report: General Counsel

Law360 Pulse looks at the pay of the best-compensated legal chiefs at S&P 500 companies. Find out who’s making the most and which law firms and schools have the most alumni in these high-profile posts.

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SEC's Top Cop Departing After Record-Breaking Tenure

By Jessica Corso

The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.

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NYC Mayor Adams May Face More Charges, Feds Say

By Frank G. Runyeon

Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.

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Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say

By Aebra Coe

Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.

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Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial

By Ryan Boysen

The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.

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Progressive Group Staffs Up For Judicial Nominee Fights

By Courtney Bublé

With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.

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Maine's First Female Federal Judge To Take Semiretired Status

By Courtney Bublé

U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.

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Cahill Adds House Oversight Atty Who Handled Biden Probe

By Rachel Scharf

Cahill Gordon & Reindel LLP announced Wednesday it hired the former head lawyer for the U.S. House Committee on Oversight and Accountability, whose work includes guiding an impeachment probe into President Joe Biden.

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Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery

By Dorothy Atkins

Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."

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Q&A

Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution

By Al Barbarino

While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.

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Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule

By Jack Karp

A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.

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MSU Halted Paying Legal Bills After Critical Report, Firm Says

By Danielle Ferguson

Michigan State University stopped paying outside counsel to defend its board of trustees chair after an investigative report appeared to support claims the chair bullied colleagues, the counsel said, filing a state complaint seeking two months' worth of fees.

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LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Barnard Iglitzin

Byrnes Keller

Cahill Gordon

Corr Cronin

Covington & Burling

Crowell & Moring

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Filippatos PLLC

Fish & Richardson

Fried Frank

Gibson Dunn

Gordon Rees Scully Mansukhani

Holland & Hart

Hunton Andrews

Husch Blackwell

K&L Gates

Kirkland & Ellis

Lee Smart PS

Littler Mendelson

McNaul Ebel

Miller & Chevalier

Munger Tolles

Orrick Herrington

Paul Hastings

Perkins Coie

Quinn Emanuel

Sinars Slowikowski

Stinson LLP

Sullivan & Cromwell

The Miller Law Firm PC (Rochester, MI)

Weil Gotshal

Wheeler Trigg

Williams & Connolly

WilmerHale

COMPANIES IN TODAY'S NEWS

Albertsons Cos. Inc.

Alphabet Inc.

American Constitution Society

American Express Co.

American Farm Bureau Federation Inc.

American Short Line and Regional Railroad Association

Association of American Railroads

BNSF Railway Co.

Binance Holdings Ltd.

Brotherhood of Locomotive Engineers & Trainmen

C&S Wholesale Grocers

Center for Biological Diversity Inc.

Central Maine Power Co.

Citizens for Responsibility & Ethics in Washington

Coinbase Global Inc.

CoreCivic Inc.

Delta Air Lines Inc.

Florida East Coast Railway LLC

Food & Water Watch

Fordham University

Getty Images Holdings Inc.

Glencore PLC

Google LLC

HP Inc.

Illinois Supreme Court Commission on Professionalism

Institute for Justice

LinkedIn Corp.

McDonald's Corp.

Meta Platforms Inc.

Michigan State University

Netflix Inc.

S.A.C. Capital Advisors LP

Seattle University

Service Employees International Union

Starbucks Corp.

Telefonaktiebolaget LM Ericsson

The Boeing Co.

The Goldman Sachs Group Inc.

The Kroger Co.

Union Pacific Corp.

Western Environmental Law Center

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Aviation Administration

Federal Bureau of Investigation

Federal Railroad Administration

Federal Reserve System

Fish and Wildlife Service

Manhattan District Attorney's Office

National Labor Relations Board

National Marine Fisheries Service

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Middle District of Florida

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 Ninth Circuit

U.S. Department of Justice

U.S. Department of Transportation

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

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

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

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

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

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

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

Washington Attorney General's Office