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Retail & E-Commerce
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August 22, 2025
2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions
The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.
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August 22, 2025
NC Justices Affirm Dismissal Of Philip Morris Tax Challenge
A North Carolina administrative court does not have the power to find a state tax law unconstitutional as applied, the state's highest court ruled Friday, upholding a loss for Philip Morris in a $300,000 franchise tax case.
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August 22, 2025
J&J Settles BIPA Suit Over Neutrogena Skin360 App
A former Johnson & Johnson subsidiary has settled a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, prompting a New Jersey federal judge to order the case be terminated in 60 days.
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August 22, 2025
Panda Express Meal Caused Arterial Damage, Patron Says
A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Shopify, Sales Workers End Commission, OT Suit
A California federal judge agreed to conclude a suit accusing e-commerce company Shopify of a slew of California Labor Code violations, including misclassifying sales employees as overtime-exempt and having an illegal commissions plan.
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August 22, 2025
'Gorilla Mind' Energy Drink Can't Block Rival Amid TM Suit
A company that sells energy drinks and dietary supplements called "Gorilla Mind" lost its bid to block a rival from selling energy drink products with the word "Gorilla" while its trademark infringement suit plays out in California federal court.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 21, 2025
Amazon Bags Toss Of Grocery Delivery Fee Disclosure Suit
A Washington federal judge on Wednesday threw out a proposed class action that alleged the Amazon Fresh website waited too late in the checkout process to disclose delivery fees, saying the conditions of use on Amazon.com Inc.'s websites prevented a woman from lodging claims under California law.
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
CBD Exec Accused Of Hiding Revenue To Skirt $1M Judgment
A Colorado man claimed this week in state court that the owner of a CBD company who owes him more than $1 million from a judgment in a 2022 case is concealing his assets through businesses owned by his mother and girlfriend to avoid paying creditors.Â
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations. Â
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August 21, 2025
Thousands Of Buyers Accuse Temu Of Avoiding Arbitration
Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.
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August 21, 2025
NC Senator Says Whirlpool Rigged TED Talk For Ad Campaign
Sen. DeAndrea Salvador, a Norh Carolina Democrat, accused appliance manufacturer Whirlpool Corp. of using manipulated portions of her old TED Talk on energy affordability to burnish its international ad campaign, according to a lawsuit filed Wednesday in North Carolina federal court.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
Claire's Gets Interim Approval For $22.5M DIP Facility
A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement.Â
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
Mass. Sheriff Pleads Not Guilty To Pot Extortion Scheme
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins pled not guilty Thursday in a federal courtroom to charges that he used his position to obtain pre-IPO shares in a cannabis retailer, then a refund when the investment lost money.
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August 21, 2025
Judge OKs Deal To End Misrepresented Pickleball Paddle Suit
A Florida federal judge on Wednesday approved a settlement resolving a class action accusing a pickleball paddle manufacturer of deceptively marketing its products as certified by the sport's governing body that will pay out up to $300 to each class member.
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August 21, 2025
5 Firms Advise On $1.5B International Paper Fiber Biz Sale
International Paper Co. has agreed to sell its global cellulose fiber business to private equity firm American Industrial Partners for $1.5 billion, part of a broader effort to focus on sustainable packaging solutions, in a deal steered by five law firms, the companies said on Thursday.
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August 21, 2025
Judge Rejects New Trial Bid In Bike Wheel Patent Case
A Florida federal judge has denied a bike wheel maker's request for a new trial on claims of patent infringement against a rival more than two years after a jury made a finding of no infringement, saying the jury's conclusions were reasonable based on what was shown to them.
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August 20, 2025
Google Duped App Users With 'Fake' Privacy Button, Jury Told
A lead plaintiff in a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cell phone users told a California federal jury Wednesday that the tech giant is "misleading" consumers with a "fake button" purporting to allow users to opt out of tracking.
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August 20, 2025
Visa Deal Does Not Bar Other Swipe Fee Claims, Judge Rules
A New York federal judge on Wednesday ruled that Visa cannot enforce a $5.54 billion settlement in long-running multidistrict antitrust litigation against a class of Visa debit cardholders in a separate, similar suit, finding that the deal does not cover their claims, and therefore the claims can't be released.
Expert Analysis
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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6 Tips For Cos. To Comply With Influencer Gifting Rules
A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.
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ÃÛÌÒÊÓÆµ's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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What's Next For State Regulation Of Hemp Cannabinoids
Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Emphasize Social Spaces During RE Project Public Review
As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.