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Retail & E-Commerce
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June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee
The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
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June 12, 2025
Turkey Buyers Fight Burford Units' Objection To Cargill Deal
Direct purchasers of turkey have told the Illinois federal judge handling consolidated turkey price-fixing litigation that he should disregard two litigation funding subsidiaries' untimely attempt to lodge what they called a meritless challenge to a nearly finalized price-fixing settlement with Cargill Inc.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
Shoe Co. Fails To Pay Overtime, Store Managers Say
A shoe retailer requires store managers to put in work outside of the store handling staffing and operations matters on top of the 40 hours of work they put in each week at the store, a proposed collective action filed in North Carolina federal court said.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
Cannabis Co. TerrAscend Accused Of Spam Texts
Multistate marijuana operator TerrAscend Corp. was hit with a proposed class action in Michigan federal court Thursday accusing the cannabis giant of spamming customers with unsolicited texts in violation of the Telephone Consumer Protection Act.
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June 12, 2025
10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit
The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.
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June 12, 2025
Texas Man Gets 11 Years In Cross-Border Transport Case
A Texas federal court has sentenced a man to 11 years in prison for helping lead a violent conspiracy to monopolize the transport of used vehicles and other goods from the U.S. through Mexico for resale in Central America.
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June 12, 2025
'Bad Faith': Valve Accused Of Thwarting Arbitration It Sought
Valve Corp. is blocking consumers from arbitrating antitrust claims against the gaming company by refusing to pay $20 million in arbitration fees, a "bad faith" move that flouts a court order granting Valve's bid to compel arbitration, a game buyer told a Washington federal judge in a motion for sanctions.
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June 12, 2025
Fla.-Based Med Spa Chain Files For Ch. 11 After Expansion
Contour Spa LLC, a Florida-based chain of fat-burning med spas, filed for Chapter 11 protection after a rapid expansion and a sprawling and decentralized operational system led to financial challenges that ate into revenues.
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June 12, 2025
Meta Eyes $14B AI Bet, Bullish Seeks IPO, And More Rumors
Facebook owner Meta is eying a $14 billion investment in Scale AI, while Bullish plans to join the recent surge in cryptocurrency-related initial public offerings and investors want to take pizza chain Papa John's private at more than $60 per share. Here, Law360 breaks down the notable deal rumors from the past week.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
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June 12, 2025
NC BBQ Restaurant's Trademark Tiff Lands In Federal Court
The namesake behind a chain of barbecue restaurants battling over their shared trademark being used on branded sauces has extricated a complaint from the North Carolina Business Court accusing it of Lanham Act violations, saying those claims belong in federal court.
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June 12, 2025
Greenberg Traurig Adds IP Atty From Kilpatrick In NY
Greenberg Traurig LLP has boosted its intellectual property offerings in New York with the addition of an experienced litigator from Kilpatrick Townsend & Stockton LLP.
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June 12, 2025
Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats
Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.
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June 12, 2025
United Center Vendor Sued Over Use Of Amazon Technology
A Compass Group subsidiary that provides food and beverage services to the United Center in Chicago has been sued in Illinois state court by concessions customers who claim it failed to get the informed consent required under the state's biometric privacy law before collecting their biometric information through Amazon's Just Walk Out cashierless checkout technology.
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June 12, 2025
Pa. Panel Says Borough Didn't Break Law In Condemning Mall
A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.
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June 12, 2025
Latham, Paul Weiss Advise Auto Parts Cos. On $2.7B Deal
Latham-led Allison Transmission Holdings Inc. has agreed to acquire Paul Weiss-advised Dana Inc.'s off-highway unit for $2.7 billion, in a deal aimed at broadening Allison's global reach and strengthening its commercial portfolio.
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
PTAB Issues Mixed Group Of Discretionary Denial Decisions
The Patent Trial and Appeal Board has invoked its discretion to free Nike Inc. and Cleveland Medical Devices from having their patents scrutinized, but refused to do so for Vermeer Manufacturing Co.
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June 11, 2025
Audible Can't Close Book On Audiobook Monopoly Suit
Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.
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June 11, 2025
9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal
A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."
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June 11, 2025
Del. Justices Press Atty On Earnout Damage Bid Despite Miss
Delaware Supreme Court justices focused on the basics Wednesday during data management venture STX Business Solutions LLC's bid to revive a suit that was tossed by the Court of Chancery in October and accused a buyer of skipping a profitable deal to avoid paying an "earnout" bonus of up to $5.5 million.
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June 11, 2025
Lighting Co. Strikes Deal To End ESOP Management Suit
A California-based lighting company and the managers of its employee stock ownership plan agreed to resolve a proposed class action claiming they mismanaged the $25 million sale of company stock that established the plan, according to a filing in federal court.
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June 11, 2025
Debt Collectors Push FCC To Shed Consumer Contact Rules
Debt collectors are adding their two cents to the Federal Communications Commission's request for unnecessary regulations that should be eliminated, calling on the agency to eliminate an upcoming rule that would make it easier for individuals to stop future robocalls and texts.
Expert Analysis
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.