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10.23.25
Wilson Sonsini Helps Secure Favorable Settlement for Imiracle and Shenzhen iMiracle Technology Co.
A Wilson Sonsini team recently secured a favorable settlement for Imiracle (HK) Limited and Shenzhen iMiracle Technology Co. (collectively, “iMiracle”) in litigation related to the marketing and distribution of Elf Bar-branded flavored disposable vaping devices. NJOY, a U.S.-based manufacturer of tobacco- and menthol-flavored vaping devices, had claimed that iMiracle, as well as several brick-and-mortar and online retailers, had violated the California Unfair Competition Law by marketing, selling, and/or distributing flavored vaping devices in California in violation of California’s statutory ban on flavored vaping devices.
In January 2025, Wilson Sonsini successfully secured the dismissal of a third company, Guangdong Qisitech Co., Ltd. Following fact discovery, the firm was able to secure a favorable settlement requiring only that iMiracle not sell or ship flavored disposable vaping devices in California for as long as California’s laws regarding flavored vaping devices remain in force.
In January 2025, Wilson Sonsini successfully secured the dismissal of a third company, Guangdong Qisitech Co., Ltd. Following fact discovery, the firm was able to secure a favorable settlement requiring only that iMiracle not sell or ship flavored disposable vaping devices in California for as long as California’s laws regarding flavored vaping devices remain in force.
Alerts
10.08.24
Department of Justice Signals Increased Scrutiny for Information Sharing
The U.S. Department of Justice (DOJ) sent a strong message recently about information exchanges. In a “Statement of Interest”1 filed on October 1, 2024, the DOJ stated that "standalone information sharing … can undermine the competitive process; increase coordination among rivals; and cause an asymmetry of power in the market" and, therefore, can constitute a violation of the antitrust laws.2 Thus, according to the DOJ, information exchanges may, themselves, constitute an antitrust violation in certain circumstances.
Alerts
3.07.24
Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate Remedies
On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The complaint raises traditional concerns typical of challenges to mergers of horizontal competitors, but it also raises two notable arguments that showcase the Biden Administration’s signature approach to antitrust—first, the FTC alleges harm to competition for union grocery labor, and second, it rejects the companies’ proposed divestitures and treats them as irrelevant to the merger review.