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Retail & E-Commerce
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September 08, 2025
Nintendo Inks $2M Deal In Switch Piracy Suit
Nintendo has reached a settlement with a man it accused of selling modified Nintendo Switch consoles and methods of playing pirated games, with the defendant agreeing to pay $2 million and be permanently enjoined from further distributing unauthorized materials or devices used for digital piracy.
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September 08, 2025
9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling
A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.
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September 08, 2025
Atty Tells Disciplinary Panel $250K Demand Wasn't Blackmail
A Pennsylvania attorney facing discipline for allegedly threatening to blackmail a client's debtor was rightfully trying to collect on a long-standing, highly litigated debt, a state disciplinary hearing panel heard Monday.
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September 08, 2025
5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit
The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit
The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
OnlyFans Users May Face Sanctions Over AI 'Misuse'
OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.
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September 05, 2025
Munchkin Says 'Unhinged' GC Was Fired For Good Reason
Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.
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September 05, 2025
Temu Hit With $2M Penalty In FTC's 1st INFORM Act Case
The operator of Chinese e-commerce platform Temu has agreed to pay $2 million to resolve the Federal Trade Commission's inaugural enforcement action under the INFORM Consumers Act, which requires online marketplaces to provide customers with certain information and tools to combat counterfeit goods offered by high-volume third-party sellers.Â
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September 05, 2025
Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store
A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.
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September 05, 2025
Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions
The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
DOJ Defends Expert Who Says Agri Stats Helps Hike Prices
The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.
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September 05, 2025
Collectible Companies Settle Fraudulent Steph Curry Card Suit
A court fight between sports collectibles companies over a Stephen Curry rookie card allegedly sold at a fraudulently high price has been resolved, as the two sides jointly moved to dismiss the case Friday in Texas federal court after reaching a settlement last month.
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September 05, 2025
Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law
A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.
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September 04, 2025
Geragos Strikes At $100K Verdict Over Nike Extortion Role
Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."
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September 04, 2025
Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees
The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.
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September 04, 2025
9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit
The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims.Â
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
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September 04, 2025
FTC Hits Chinese Toy Maker For Gathering Kids' Location Data
A robot toy maker has agreed to comply with federal rules for handling children's data and ensure that its vendors are doing the same in order to resolve the Federal Trade Commission's claims that the company enabled a Chinese analytics provider to collect geolocation information from mobile app users who were younger than 13 without parental consent.
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September 04, 2025
Ulta Sues To Exit Namdar-Owned Connecticut Mall
Beauty retailer Ulta has filed suit against the operator of a mall in Trumbull, Connecticut, saying its 10-year lease should be terminated after a failure of the heating, ventilating and air-conditioning system has forced the outlet to close for two months and counting.
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September 04, 2025
Wash. Justices Endorse Broad View Of Pay Transparency Law
Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.
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September 04, 2025
Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives
A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.