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Retail & E-Commerce

  • August 04, 2025

    'Dadbod' Apparel Brand Sues To Cancel Rival's 'GirlDad' TM

    Activewear brand DadBod Apparel LLC has filed suit in Ohio federal court seeking to cancel another company's registered "GirlDad" trademark, saying the company fraudulently used the mark to thwart DadBod's sales of gear bearing the slogan, "Support Your Local Girl Dad."

  • August 04, 2025

    Consumers Want Fees Of $49M From $203M In Chicken Deals

    Broiler chicken consumers asked an Illinois federal judge on Monday for about $49 million in attorney fees from two rounds of price-fixing deals they've struck with major producers, matching the settlement percentage to which a Seventh Circuit panel last month found class counsel was entitled.

  • August 04, 2025

    Rite Aid Seeks $90M Clawback From McKesson

    Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.

  • August 04, 2025

    Tax Court Declares Grocery Chain's In-House Insurer Ineligible

    A grocery store chain's in-house insurance company did not operate as a normal insurer and therefore cannot deduct millions of dollars it received in insurance premiums, the U.S. Tax Court said Monday.

  • August 04, 2025

    Hemp Org. Applauds Removal Of Ban From Spending Bill

    A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.

  • August 04, 2025

    Google Says Term Limits Only Needed For Some Search Fixes

    Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.

  • August 04, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 

  • August 04, 2025

    Cold Storage Co. Duped Investors Before 2024 IPO, Suit Says

    A pension fund has sued Lineage Inc., a cold-storage real estate investment trust, and several of its executives in Michigan federal court over the company's initial public offering, the largest of 2024, alleging the REIT and its top brass misled investors about softening demand and unsustainable pricing.

  • August 04, 2025

    Nespresso Accused Of Racial Bias In Ex-Employee's Lawsuit

    A Black woman who worked at Nespresso for more than a decade has sued her former employer in Illinois federal court, saying she was routinely denied promotions and subjected to comments about her "messy" hair and having the "loudest voice in the room," but was still trotted out to work on the Nestle subsidiary's diversity initiatives.

  • August 04, 2025

    Home Depot's Self-Checkout Kiosks Violate BIPA, Suit Says

    Home Depot was hit with proposed class biometric privacy claims Monday by a customer who says the facial recognition technology the retailer deploys at its self-checkout kiosks illegally scans, collects and uses consumers' geometric facial data without informed consent.

  • August 04, 2025

    Utah Mammoth NHL Team Sues Bag Maker To Defend TM

    The National Hockey League's newly formed Utah Mammoth team has sued a bag company bearing a similar name to end the disagreement over its trademark claims on the moniker, arguing the marks are too different to cause confusion.

  • August 01, 2025

    States Can't Block Trump Admin's Cuts To Science Grants

    A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.

  • August 01, 2025

    IP Owners Largely Win In Stewart's Newest Discretion Orders

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.

  • August 01, 2025

    3rd Circ. Asked To Revive Amazon Biometric Data Suit

    A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit

  • August 01, 2025

    NFL Swipes At Attorney Seeking Unlicensed Merch Sales

    The merchandising arm of the NFL told a New York federal court the request for sanctions from an attorney suing the league in hopes of dismantling its licensing system is out of line and a way to prolong his "frivolous and vexatious" case.

  • August 01, 2025

    Nestle Fights Class Cert. In 'Trillion'-Dollar Poland Spring Suit

    Nestle Waters North America Inc. has asked a Connecticut federal judge to deny a class certification bid in a lawsuit challenging whether Poland Spring bottled water is real spring water, saying "gerrymandered classes and subclasses" cannot be used to leverage billions or even trillions of dollars in alleged damages.

  • August 01, 2025

    Lego Wins Bid To Halt Toy Co. Sales Of Copycat Figurines

    After convincing a Connecticut federal judge that it was facing irreparable harm, Danish toy giant Lego has secured a permanent injunction barring a California-based distributor from selling products that mimic its figurines and play sets.

  • August 01, 2025

    Calif. Tribe Can't Halt Tobacco Ruling Amid Ninth Circuit Fight

    A California federal court won't order the Bureau of Alcohol, Tobacco, Firearms and Explosives to remove the Twenty-Nine Palms Band of Mission Indians from a noncompliance list over the alleged sale of cigarettes to non-Native customers while the tribe appeals the decision to the Ninth Circuit.

  • August 01, 2025

    Rite Aid's $6.8M Data Breach Settlement Gets Final OK

    A Pennsylvania federal court has given its final approval to a $6.8 million settlement of data breach claims against now-bankrupt Rite Aid Corp., including $2.4 million in fees for attorneys from Ahdoot & Wolfson PC, Shub Johns & Holbrook LLP, Cotchett Pitre & McCarthy LLP, Laukaitis Law LLC and Hausfeld LLP.

  • August 01, 2025

    11th Circ. Backs Dismissal Of Luli Fama Swimwear Ad Suit

    The Eleventh Circuit affirmed the dismissal of a putative class action against Luli Fama and various social media influencers for failing to disclose the influencers' endorsements of the brand's swimwear products were paid, saying the lower court rightly found the plaintiff failed to allege fraud with the necessary particularity.

  • August 01, 2025

    Fed. Circ. Bugged By Injunction In Insecticide Patent Dispute

    The Federal Circuit on Friday scrubbed a preliminary injunction blocking a company from selling an insecticide product while a competitor's patent infringement case proceeded against it, faulting a lower court's claim construction and patent validity analysis. 

  • August 01, 2025

    Swimsuit Biz Sues Chris Brown Over 'Breezy Bowl' Tour Name

    Miami swimsuit company Breezy Swimwear Inc. has sued singer Chris Brown and several companies affiliated with his "Breezy Bowl XX" tour, claiming they used "copycat branding" that created a risk of confusion among consumers.

  • August 01, 2025

    Full Fed. Circ. Won't Eye Effect Of PTAB Ax In Groupon Case

    The full Federal Circuit on Friday rejected Groupon's request for review of a decision that allowed a patent suit against it to proceed on some claims after similar ones were invalidated in an inter partes review, although two dissenting judges said the holding undermines the America Invents Act.

  • August 01, 2025

    $34M Milk Price-Fixing Deal Wins Preliminary Approval

    A New Mexico federal judge gave an initial OK to two settlements between a class of dairy farmers and two national milk cooperatives dropping price-fixing claims in exchange for $34.4 million and an end to the alleged scheme.

  • August 01, 2025

    Amazon Customers Seek Massive Class In Antitrust Suit

    Consumers urged a Washington federal judge on Friday to certify a class of nearly 300 million in a sweeping antitrust case against Amazon, contending they all paid inflated prices because the e-commerce giant forced an "anti-discount policy" on merchants and monitored marketplace rates to ensure compliance.

Expert Analysis

  • What Expanding Merchant Code Regs Mean For Processors

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    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.

  • Forensic Challenges In Lithium-Ion Battery Fire Cases

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    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.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    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.

  • Latest Influencer Marketing Class Actions Pinpoint 5 Themes

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    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.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    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.

  • A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • 4 Consumer Class Action Trends To Watch In 2nd Half Of 2025

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    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.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    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.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    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.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    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.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    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.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    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.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    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.

  • Focusing On Fluoride: From FDA To Class Action

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    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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