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Retail & E-Commerce
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September 02, 2025
Visa, Mastercard Still Can't Beat Intuit, Block Antitrust Claims
A New York federal judge has rejected Visa and Mastercard's latest effort to ditch antitrust claims brought by Intuit and Block in long-running multidistrict litigation over payment processing fees, agreeing with a magistrate judge's finding that the court has already considered and rejected the credit companies' arguments.
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September 02, 2025
Billions Or 'Bogus'? Google Privacy Case Goes To Calif. Jury
Google should pay billions of dollars in compensatory damages for unlawfully collecting data from 98 million cellphone users, a lawyer for a class of consumers told a California federal jury during closing arguments Tuesday, while Google said it obtained consent and called the damages sought "bogus."
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September 02, 2025
Overnight Oat Co. Exaggerates Protein Content, Suit Says
The Chicago-based maker of Mush Overnight Oats, which was featured on "Shark Tank," was hit with a proposed class action in California federal court by a woman who claims it overstates the protein amount consumers will get from eating its products.
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September 02, 2025
Amazon Judge Unseals Ruling Certifying Huge Antitrust Class
A largely unredacted version of a Washington federal judge's order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies was filed Friday, offering a window into the court's viewpoints after the initial order was sealed.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
$33M Pfizer Antitrust Deal OK'd, First MDL Trial Date Set
A Pennsylvania federal judge has granted preliminary approval for a $33 million settlement between Pfizer and a class of direct purchasers claiming it fixed the prices of generic drugs, while also setting a date for the first bellwether trial in the antitrust litigation.
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September 02, 2025
Harley-Davidson Riders Want Another Look At Warranty Case
Customers targeting Harley-Davidson's motorcycle warranties are asking the Seventh Circuit for a rehearing, arguing that an appeals panel misconstrued language in the warranties and was wrong to reject claims that the company competes in a market for American motorcycles.
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September 02, 2025
Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit
A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.Â
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September 02, 2025
Colo. Gun Group Challenges Semi-Auto Restrictions Law
Colorado's official branch of the National Rifle Association told a federal judge on Tuesday that recently passed legislation restricting ownership of certain semi-automatic firearms violates the Second Amendment.
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September 02, 2025
Google Calls DOJ Ad Tech Expert 'Unqualified'
Google asked a Virginia federal judge to block key U.S. Department of Justice evidence from the upcoming trial in which the government will seek the breakup of the company's advertising placement technology business, arguing its internal analysis on the feasibility of a breakup is protected.
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September 02, 2025
Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit
Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.
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September 02, 2025
Nike, StockX Resolve Counterfeiting Suit Ahead Of Trial
Shoe giant Nike and sneaker reseller StockX LLC have agreed to end Nike's false advertising claims that StockX sold counterfeit Nike shoes, according to a filing in New York federal court.
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September 02, 2025
Digimarc Hit With Second Investor Suit Over Lost Contract
Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
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September 02, 2025
Google Keeps Chrome, Payments, But Must Prop Up Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser or that it be barred from paying for search engine placement.
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September 02, 2025
Mich. Judge Nixes 5-Hour Energy Rival's Antitrust Suit
A Michigan federal judge has tossed a lawsuit accusing 5-Hour Energy of blocking competitors from the market through deals to have its products displayed at checkout counters, finding a competitor failed to adequately allege antitrust injury.
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September 02, 2025
Ex-Target Legal Chief To See $3M In 'Income Continuation' Pay
Target's former chief legal and compliance officer, who left the retailer in June after less than a year, is set to receive just over $3 million in "income continuation" payments, according to a securities filing Friday.
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August 29, 2025
Google Fights Gemini AI Query As App Privacy Trial Wraps
A multibillion-dollar trial over claims that Google illegally collected app data from 98 million consumers grew contentious Friday when the plaintiff's lawyer asked the tech giant's expert if he considered using Google's AI tool to see if data Google says is scrubbed of personal information could be re-identified.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Ohio Appeals Common Carrier, Public Utility Bid For Google
The Ohio Attorney General's Office said that enforcers have appealed a pair of state court rulings that refused to subject Google to heightened oversight by declaring its search engine a common carrier or a public utility.
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August 29, 2025
OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role
A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.
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August 29, 2025
EEOC, Sam's Club Strike $60K Deal In ADA Suit
The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
Calif. AG Puts Conditions On $24B Walgreens Deal
California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.
Expert Analysis
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.