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Retail & E-Commerce
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August 20, 2025
9th Circ. Told Apple, Google CEO Meeting Aids Antitrust Claim
A California crane operator training school's attorney told a Ninth Circuit panel Wednesday that a lower court erred in dismissing his client's suit alleging an antitrust conspiracy between Apple and Google because a meeting between the companies' CEOs should have been taken into consideration as supporting the claim.
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
Mortgage Firm Settles Harassment, Retaliation Lawsuit
CrossCountry Mortgage LLC and a branch manager have reached a settlement with a former employee in a sexual harassment and retaliation suit, the parties recently announced.
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August 20, 2025
Fed. Circ. Upholds Chinese Wire Duties Amid Commerce Flub
The Federal Circuit has upheld a U.S. Court of International Trade decision affirming antidumping duties on an American company importing aluminum wire and cable from China, finding the government was able to reject an effort to reduce the duty rate despite a purported procedural error.
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August 20, 2025
10th Circ. Says NM Gun Waiting Period Is Unconstitutional
The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.
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August 20, 2025
Conn. Stylist Ends Wage, Anti-Polish Bias Suit Against Salon
After the parties reported a settlement in principle, a Connecticut federal judge has agreed to dismiss claims that a Greenwich hair salon underpaid an employee's wages, failed to pay overtime and discriminated against the worker because she is from Poland.
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August 20, 2025
Florida Panel Revives Suit Over Gun Store Zoning Restriction
A Florida appellate panel on Wednesday issued a split decision reviving a state court lawsuit brought by a gun retailer alleging state law preempts a city zoning ordinance allegedly meant to restrict firearm sales, ruling there's a fact issue that must be decided by a jury.Â
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Authentic Brands, Guess Founders Take Biz Private For $1.4B
Luxury apparel company Guess Inc. on Wednesday revealed plans to go private through a sale to a group that includes its founders, CEO and brand platform giant Authentic Brands Group, in a deal that was built by seven law firms and values the clothing company at $1.4 billion, including debt.
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 20, 2025
Claire's Pitches Over $104M Sale Of US Stores In Ch. 11
Bankrupt jewelry chain Claire's announced plans Wednesday to sell intellectual property and some of its U.S. stores to a private holding company for $104 million in cash as well as other inducements.
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August 20, 2025
Freshfields, Weil Build Lowe's $8.8B FBM Buy
Home improvement giant Lowe's, advised by Freshfields LLP, on Wednesday unveiled plans to buy private equity-backed Foundation Building Materials, led by Weil Gotshal & Manges LLP, in an $8.8 billion deal meant to create a "premier" business to better serve Lowe's home improvement for professionals platform.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
Google Should Pay Billions To App Users For Data, Jury Told
Google made billions of dollars collecting data from the cellphones of tens of millions of Americans despite their opting out of tracking, a lawyer for consumers in a class action told a California federal jury Tuesday, while Google countered that the data collected after the privacy setting was activated isn't tied to users' identity.
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August 19, 2025
Ga. Salon's Ex-Worker Sues Over 'Egregious' Sexual Abuse
An Atlanta hair salon has been hit with a lawsuit from a former employee alleging that she was "systematically preyed upon and sexually assaulted" by its owner, who she says pressured her into performing sexual favors and retaliated against other workers who tried to intervene.
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August 19, 2025
Texas Co., Exec To Pay $12.4M In Customs Evasion FCA Suit
A Dallas-based countertop and cabinetry product supplier and its president agreed on Tuesday to pay more than $12.4 million to settle a False Claims Act suit alleging they conspired to evade import duties on quartz products from China, with more than $2.1 million designated for a whistleblower.
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August 19, 2025
Sony, PlayStation Gamers Revive Bid For $7.85M Settlement
Gamers who struck a $7.85 million settlement with Sony Interactive Entertainment to resolve their antitrust claims over downloadable game card prices have renewed their motion for preliminary approval of the deal, addressing issues a California federal court found in a previous request, including Sony's provision of account credits.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
Live Nation Customers Seek Antitrust Class Certification
Consumers accusing Live Nation of monopolizing the live entertainment industry are asking to certify a class in California federal court covering millions of concertgoers who have allegedly been overcharged for tickets since the concert promotion giant's 2010 merger with Ticketmaster.
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August 19, 2025
Detroit Fund Owner Gets 100 Months For $39M Investor Fraud
The former CEO and majority owner of a Detroit-based hedge fund firm was sentenced Monday to 100 months in federal prison for his role in a scheme to obtain more than $39 million from investors by lying about the fund's and investors' individual financial performance.
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August 19, 2025
Booking Holdings Settles Texas Junk Fee Suit For $9.5M
The parent company of popular hotel booking sites Booking.com and Kayak will pay $9.5 million to settle claims that it misled customers through rampant use of junk fees, the Texas Office of the Attorney General announced Tuesday.
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August 19, 2025
Onewheel Skateboard Maker Sued For Not Issuing Recall
A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
Sacramento Says 2nd Circ. Erred In Cannabis Ruling
The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.
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August 19, 2025
Cannabis Store Defends NY Labor Peace Law Challenge
A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.
Expert Analysis
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.