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Retail & E-Commerce
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July 29, 2025
New Guidelines Aim To Reform Counterfeiter Case Practices
Amid federal courts' growing concern toward a legal strategy of joining dozens of alleged counterfeiters in a single complaint, plaintiff attorneys who are among the most frequent filers of such cases have announced what they consider best practices for the litigation.
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July 29, 2025
Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death
The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."
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July 29, 2025
Del. Justices Undo Amazon's Chancery Win In Docs Row
A Delaware Supreme Court panel has reversed a Court of Chancery decision tossing a suit from Amazon stockholders seeking company documents to probe alleged anticompetitive behavior, wrongdoing and mismanagement, finding the lower court declared the claims "overbroad" without considering their credibility.
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July 29, 2025
Some OpenAI Defenses Nixed In 'Over-Litigated' Musk Suit
A California federal judge briefly took Elon Musk and OpenAI to task on Tuesday, in an order summarily nixing some of the ChatGPT-maker's affirmative defenses against the billionaire's lawsuit challenging plans to change its corporate structure.
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July 29, 2025
Leagues, Fanatics Seek Exit From Trading Card Antitrust Suit
The NFL, MLB, NBA and Fanatics have urged a New York federal court in separate filings to toss an antitrust lawsuit that accuses the organizations of monopolizing the trading card market, arguing the complaint fails to establish an unlawful conspiracy to restrain the market.
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July 29, 2025
Another Pot Co. Targeted In Potency Suit By Plaintiff Firm
Attorneys with plaintiff firm Luisi Holz Law have hit another cannabis vape company with a suit alleging that it misrepresents its vapable oils as concentrates to get around Illinois's limits on sale and possession of THC-containing products.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Ex-Munchkin GC Sues Over 'War On Families' At Baby Co.
Munchkin Inc.'s former general counsel says he was fired for trying to sound the alarm about the baby products brand's "war on families" and culture of discrimination against working mothers and families, in a $10 million suit filed in California state court on Friday.
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July 28, 2025
Fiserv Misled Investors On Platform Growth, Suit Says
Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
DraftKings Escapes Class Action Over $1,000 Bonus Promo
A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.
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July 28, 2025
Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit
Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.
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July 28, 2025
Electrolux Range's Defect Led To Fire, Insurer Tells Court
Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Cannabis Shop Applicant Sues NY Regulators Over Delays
A company that applied for a cannabis retail license in New York has sued regulators in state court, alleging unreasonable delays in processing the company's application.
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July 28, 2025
FTC Stands By Media Boycott Subpoena Into Media Matters
The Republican-controlled Federal Trade Commission has refused to quash its investigation into the left-leaning Media Matters for America, standing by a subpoena it said is "one of seventeen still-outstanding" demands made as part of a broader probe looking for potential group boycotts of advertising on disfavored platforms.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
Shutdown Possible For Cannabis Seller After $4.9M Fine
A Connecticut judge said Monday that he expects to order a smoke shop that is on the hook for a $4.93 million civil judgment over illegal cannabis sales to shut down by 5 p.m. Tuesday if it continues to flout a court order to stop selling prohibited products.
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July 28, 2025
9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton
The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Store Managers Say Shoe Co.'s OT Violations Were Common
A shoe retailer had a common policy of requiring store managers to work outside their shifts, two former employees of the company said, urging a North Carolina federal court to greenlight a collective in their overtime suit.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
Expert Analysis
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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.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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A Guide To Permanent Capital Vehicles As Access Widens
Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.