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Retail & E-Commerce
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July 10, 2025
Bettors Fight To Keep Suit Over DraftKings Promos Afloat
DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.
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July 10, 2025
Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says
Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.
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July 10, 2025
SpaceX Seeks Record $400B Valuation, Plus More Rumors
Elon Musk's satellite and rocket maker SpaceX is planning to raise money in a private round that would value the company at a record $400 billion, Starbucks China is seeking bids for a stake sale that could value the chain at $10 billion, plus online fashion giant Shein hopes to salvage its long-awaited IPO by listing in Hong Kong.
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July 10, 2025
Ex-Executive Of Cannabis Co. Ascend Alleges Wrongful Firing
A former executive at New York cannabis company Ascend Wellness Holdings Inc. claims the company cheated him out of $400,000 in unpaid wages, stock payouts, and medical and dental coverage owed to him after it unceremoniously fired him, according to a lawsuit.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
OpenAI Must Give Musk Info On Altman Firing In Fraud Suit
A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.
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July 09, 2025
Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.
A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.
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July 09, 2025
Costco Says Insurer Owes Defense In Heavy Box Injury Suit
A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.
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July 09, 2025
$2.5M Awarded In Suit Over Fatal Shooting After Pot Delivery
A California state judge awarded a $2.5 million default judgment to the mother of a teenager who was fatally shot by a man who delivered him marijuana, allegedly ordered from the website Weedmaps.
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July 09, 2025
2nd Circ. Pressed For Second Look At Novel Trading Dispute
An Estée Lauder shareholder is calling for the full bench of the Second Circuit to rehear a case he argues created a "judicially sanctioned loophole" that allows corporate insiders to retain profits they made on short-swing profits.
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July 09, 2025
T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial
A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.
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July 09, 2025
Walgreens Judge OKs $950K Uniform Policy Deal On 2nd Try
More than 12,000 Walgreens employees have received preliminary approval of a $950,000 class action settlement over claims of unreimbursed uniform expenses, after a California federal judge said the parties had resolved deficiencies he previously cited, including an opt-out timeframe and the chance for class members to challenge proposed attorney fees.Â
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July 09, 2025
Ticketing Service Drops Patent Suits Against Cowboys, Chiefs
A ticketing service on Tuesday voluntarily dropped its patent suits against the Dallas Cowboys and the Kansas City Chiefs after a Texas federal judge dismissed without prejudice a similar suit targeting the Houston Texans.
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July 09, 2025
3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.
Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.
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July 09, 2025
7th Circ. Asks Ill. Justices To Mull Amazon COVID Pay Fight
The Seventh Circuit shipped to the Illinois Supreme Court a suit accusing Amazon of not paying workers for time spent in COVID-19 screenings, asking the state justices to sort out whether state law incorporates federal regulations for preshift activities.
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July 09, 2025
Antitrust Enforcers Beat Google, Try Meta And Keep Going
When U.S. District Judge Leonie M. Brinkema held on April 17 that Google was liable for illegally monopolizing two out of three advertising placement technology markets targeted by the U.S. Department of Justice, her ruling contributed to potentially one of the most consequential convergences of antitrust enforcement in recent memory.
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July 09, 2025
Former FCC Republican Opposes Next-Gen TV Mandate
The feds shouldn't push a next-generation TV mandate on electronics makers and related industries at the behest of broadcasters eager to move to the new standard, says a Republican former member of the Federal Communications Commission.
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July 09, 2025
Stone And Tile Seller Hits Ch. 11 With $65M In Debt, Sale Plans
Mosaic Cos., the parent of stone and tile distributors Walker & Zanger and Surfaces Southeast, filed for Chapter 11 protection in Delaware with $65 million of secured debt after it struggled to rebound from pandemic-caused supply chain disruptions.
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July 08, 2025
Grocer's Octopus In Olive Oil Also Comes With Lead, Suit Says
Natural grocery store chain Lazy Acres has been selling a tinned "octopus in olive oil" product that also contains lead in violation of California's Proposition 65, according to a suit lodged in Los Angeles County Superior Court on Tuesday.
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July 08, 2025
FTC Warns Amazon, Walmart On False 'Made In USA' Labeling
The Federal Trade Commission announced Tuesday that it has informed Amazon and Walmart that third-party sellers on their online marketplaces might be falsely labeling products "Made in USA" and asked the companies to watch for and take corrective action against sellers who make such false claims.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Conn. AG Hits Ticket Marketplace With 1st Data Privacy Fine
An online ticket marketplace has become the first to be handed a monetary penalty under Connecticut's comprehensive data privacy law, with the state's attorney general announcing a settlement Tuesday that will require the company to pay $85,000 and maintain consumer rights request metrics to resolve claims that it failed to fix several alleged privacy notice deficiencies.
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July 08, 2025
Baltimore Police Want Out Of Md. Hemp Cos.' Suit
The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.
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July 08, 2025
Omnicare, CVS Tab In FCA Case Increases To $949M
A New York federal judge on Monday raised a False Claims Act judgment against Omnicare and CVS to a combined $949 million following a jury's finding that they submitted millions of false prescription claims for long-term care patients.
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July 08, 2025
8th Circ. Strikes Down FTC's Click-To-Cancel Rule
An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million.Â
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.