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Retail & E-Commerce
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June 23, 2025
FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal
The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Kardashian Chef Offered Adderall Instead Of Breaks, Suit Says
A chef who works with celebrities including the Kardashian family refused to pay overtime despite requiring employees to work 12-hour days and offered Adderall instead of breaks if workers complained they were tired, a former assistant told a California state court.
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June 23, 2025
Texas Governor Vetoes Ban On Hemp-Derived THC Products
Texas Gov. Greg Abbott has vetoed a bill that would have banned hemp-derived THC products, rebuking one of his lieutenant governor's policy priorities and delivering a win to the Lone Star State's hemp industry.
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June 23, 2025
Mass. Cannabis Shop Seeks $2.3M Refund Of 'Impact Fees'
A cannabis retailer with a location on Massachusetts' North Shore is asking for a refund of $2.3 million in so-called community impact and other fees it has paid since 2019, the latest dispensary to make such a request since the fees were rescinded by state lawmakers in 2023.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Compass Sues Zillow Over Listing Ban
Real estate brokerage Compass sued Zillow in New York federal court Monday, alleging its ban on private listings and coordination with competitors to enforce it amounts to monopolistic behavior.
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June 23, 2025
Gibson Dunn, Cleary Guide $1.77B C&S-SpartanNash Deal
C&S Wholesale Grocers will acquire grocery distributor and retailer SpartanNash in a $1.77 billion all-cash deal, the companies said in a joint statement Monday, with Gibson Dunn and Cleary serving as legal counsel to the buyer and seller, respectively.
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June 23, 2025
Justices Pass On La. Regulators' Tesla Sales Ban
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.
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June 20, 2025
Science Research Funding Cuts Blocked By Mass. Judge
A Massachusetts federal judge Friday prohibited the Trump administration from cutting certain National Science Foundation research funding associated with facilities and administrative costs, ruling that the policy runs afoul of multiple laws and the government hasn't adequately explained its reasoning.
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June 20, 2025
Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs
The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.
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June 20, 2025
Bloomingdale's Website Tracking Suit Revived On CIPA Claim
The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.
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June 20, 2025
NJ Court Upholds Some Claims In Athlete's Cannabis Suit
New Jersey marijuana retailers can't shake a lawsuit by a champion collegiate athlete who claims their products caused him to develop cannabis-induced psychosis resulting in a suicide attempt, a state judge has ruled, saying the plaintiff's defective design and failure to warn claims are valid.
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June 20, 2025
Walmart Shells Out $10M To Resolve FTC Money Transfer Suit
Walmart has agreed to pay $10 million to put to rest the Federal Trade Commission's allegations that the retailer "turned a blind eye to scammers" who facilitated fraud through its money transfer services, according to an announcement made Friday.
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June 20, 2025
Texas Jury To Decide Google Ad Tech Liability, Not Damages
A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.
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June 20, 2025
Victoria's Secret Narrows Ex-Worker's Sex Harassment Suit
A Pennsylvania federal judge trimmed claims from a former Victoria's Secret sales associate's suit claiming her boss made sexual comments and touched her inappropriately on the job, ruling she didn't file the proper pre-suit charges to keep her local and state claims in play.
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June 20, 2025
Microplastics Focus May Force Change In Biz Practices
The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.
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June 20, 2025
Nike, Shoe Surgeon Settle TM Suit Over Custom Sneakers
Nike has agreed to settle a trademark lawsuit it brought in New York against a Los Angeles-based sneaker customizing company called The Shoe Surgeon and others for direct and contributory infringement, with the defendants agreeing to pay an undisclosed sum to the sports apparel giant.
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June 20, 2025
Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court
President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
Airport Parking Sites Charged Hidden Service Fees, Suit Says
The operator of two airport parking reservation websites advertised prices that failed to disclose mandatory service charges customers would later have to pay to book parking spaces, according to a putative class action filed in Illinois state court.
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June 20, 2025
Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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June 18, 2025
Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP
Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
Kumho Tire Says NC Seller Is Ripping Off Trademarks
Georgia-based tire maker Kumho Tire USA Inc. is going after an Amazon seller for alleged Lanham Act violations, saying North Carolina-based GE Tires Online Inc. is selling tires using its trademarks and branding them as new when they are "used, closed-out, liquidated, counterfeit, and/or nongenuine."
Expert Analysis
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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6 Tips For Cos. To Comply With Influencer Gifting Rules
A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.
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Ƶ's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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What's Next For State Regulation Of Hemp Cannabinoids
Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.