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Retail & E-Commerce
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
MGA Seeks 4th Trial In $71M Doll Dispute With Rapper T.I.
MGA Entertainment urged a California federal judge Tuesday to reverse a jury's $71.4 million award to rapper Clifford "T.I." Harris and others for MGA infringing the trade dress and publicity rights of the OMG Girlz pop group, saying the court's finding of no willful infringement should nullify the verdict.
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May 28, 2025
In Volatile World, PE Attys Guide Complex Take-Private Deals
As rising geopolitical tensions and tariff uncertainty continue to rattle dealmaking markets, attorneys are guiding private equity firms and potential take-private targets through increasingly complex negotiations.
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May 28, 2025
NC BBQ Joint Roasts Flagship Over Trademark Use
A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.
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May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta
The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.Â
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May 27, 2025
ÃÛÌÒÊÓÆµ Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
Texas Legislature Sends THC Ban To Governor's Desk
Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
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May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup
Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.
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May 27, 2025
Mobile App Infringement Suit Against Bridgestone Dropped
A New Jersey company and tire maker Bridgestone Americas Inc. on Tuesday jointly asked a Texas federal judge to dismiss a case in which Bridgestone was accused of using patented mobile device communication technology in its mobile app.
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May 27, 2025
Fed. Circ. Faults PTAB Again For Upholding Lighting Patent
The Federal Circuit on Tuesday faulted for the second time a Patent Trial and Appeal Board ruling rejecting challenges to a decorative lighting patent, saying the board wrongly concluded there wasn't a motivation to combine prior art in order to reduce the cost of copper in the lighting system.
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May 27, 2025
Mass. Pot Regulator Enters Battle Over Town's Hosting Fees
Massachusetts' cannabis regulator is seeking to intervene in a lawsuit brought by a group of marijuana retailers in state court, alleging a town unlawfully pocketed approximately $6 million in community impact fees.
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May 27, 2025
Ill. Panel Says Man Can't Keep Guns Bought During Injunction
An Illinois man cannot possess or register assault weapons he purchased during a period of time that the enforcement of Illinois' ban on such rifles was blocked by a federal court, an intermediary appellate panel ruled Friday.
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May 27, 2025
Card Game Maker Sues Competitor Over Alleged Knockoff
The maker of the Never Have I Ever card game has sued a rival game company in California federal court, claiming the board game Tipsy Land is a knockoff seeking to capitalize on the success of its product.
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May 27, 2025
6th Circ. Urged To Revive FedEx, Kellogg Pension Suits
FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.
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May 27, 2025
Unilever Buyers Clash Over Service Awards In $3.6M Deal
Class representatives in a suit alleging Unilever United States Inc. of selling dry shampoo with elevated levels of benzene are pushing back against an objection by other plaintiffs over service awards, saying the other plaintiffs didn't do anything to materially advance the litigation and thus are not entitled to the awards.
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May 27, 2025
DOJ Pushes Back Against Agri Stats Recusal Bid
The U.S. Department of Justice told a Minnesota federal judge Friday there is no reason to recuse himself from a case accusing Agri Stats of helping meat processors exchange sensitive information because the clerk who allegedly created a conflict is not working on the case.
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May 27, 2025
Ghee Butter Buyer Denied Class Cert. In 'Good Fat' Label Suit
A California federal judge has denied a bid for class certification in a suit alleging the sellers of ghee, a clarified butter, falsely claimed that it contained "good fat," saying the lead plaintiff failed to show that anyone besides her was misled by the labeling.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
LegitScript Can't Use 'Unclean Hands' To Ax Antitrust Case
The Ninth Circuit on Friday said that pharmacy verification and monitoring service provider LegitScript could not toss an antitrust action brought by PharmacyChecker.com based on assertions that the plaintiff facilitated the illegal importation of foreign drugs, saying that the defense of unclean hands doesn't bar the lawsuit.
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May 23, 2025
'NJ Weedman' Says City Hall Protest Is Protected Speech
A Garden State cannabis advocate known as "NJWeedman" urged a New Jersey federal judge to let his First Amendment suit against the mayor of Trenton proceed, arguing the city targeted his pot-themed ventures after he projected a "Batman-like" protest message on City Hall.
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May 23, 2025
9th Circ. Judges Grapple With Funko Investors' Fraud Claims
Ninth Circuit panelists said Friday they were "struggling" with an appeal from a group of investors in a proposed class securities fraud case against toymaker Funko, expressing skepticism that the shareholders had shown corporate leadership knowingly misrepresented the status of a software update that flopped.
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May 23, 2025
Alleged Forex Scammers Owe $18.5M In CFTC Default Win
A pair of entities purporting to be commodity trading platforms and the duo that allegedly controlled them have been hit with an order saddling them with restitution and civil penalty obligations totaling nearly $18.5 million after ignoring claims brought by the Commodity Futures Trading Commission.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.