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Retail & E-Commerce

  • July 25, 2025

    Minnesota Regulators Sue Retailer Over Cannabinoid Wares

    Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.

  • July 25, 2025

    Google Says Rival 'Indisputably' Too Late For Search Fix

    Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.

  • July 25, 2025

    Wash. Judge Tosses Costco Customer's Online Upcharge Suit

    A Washington state judge has thrown out a consumer's proposed class action accusing Costco of hidden markups on online purchases, saying Friday that the warehouse retailer's website is "extremely clear" that grocery prices are higher than they are in-store to cover packing and fulfillment costs.

  • July 25, 2025

    Epic Defends Apple Antitrust Injunction After Birthright Ruling

    Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.

  • July 25, 2025

    9th Circ. Won't Disturb Class Cert. In 'Oil-Free' J&J Suit

    The Ninth Circuit on Friday backed class certification in a suit alleging Johnson & Johnson Consumer Inc. misled consumers by advertising its Neutrogena face washes are "oil-free," rejecting its argument that the class's expert's damage calculation was faulty and underdeveloped.

  • July 25, 2025

    Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say

    Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.

  • July 25, 2025

    Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges

    Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.

  • July 25, 2025

    Judge Rejects FTC Comments In Amazon Defense

    A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.

  • July 25, 2025

    Legal Org. Urges DC Circ. To Reject Trump's Tariff Powers

    The D.C. Circuit should affirm a ruling that sided with toy makers and blocked President Donald Trump from using an international economic law to impose emergency tariffs because the law does not give the president the authority he claims, a legal organization argued.

  • July 25, 2025

    Skechers Sued Over Hands-Free Sneaker Patents

    A Utah company says sneaker giant Skechers U.S.A. Inc. is engaged in "massive infringement" of patents for hands-free slip-in shoes, according to a suit filed in Texas federal court.

  • July 25, 2025

    Iowa Urges 8th Circ. To Undo Block On E-Cig Law

    Iowa's Department of Revenue is urging the Eighth Circuit to overturn a lower judge's ruling that blocked enforcement of a new state law that would have restricted the sale of some e-cigarettes in the Hawkeye State.

  • July 24, 2025

    Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says

    Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.

  • July 24, 2025

    Logan Paul's Co. Can't Depose Messi In Drink TM Row

    Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.

  • July 24, 2025

    Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation

    A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.

  • July 24, 2025

    Wash. AG Sues Contractor To Keep Benefits Data From Feds

    Washington State Attorney General Nick Brown launched a lawsuit in Evergreen State court on Thursday seeking to block a fintech contractor from providing the federal government with the private details of food assistance benefit recipients, saying the Trump administration intends to use the data for its "mass deportation project."

  • July 24, 2025

    NJ Mall Says Insurers Owe $20M For Prop Helicopter Damage

    The owner of the American Dream mall in New Jersey said its insurers wrongfully reduced a $20.5 million claim for loss and damage caused by a decorative 2-ton helicopter falling from the ceiling of its indoor water park, according to a suit removed to federal court Thursday.

  • July 24, 2025

    Groups Say Google Shirks EU Mandate To Allow App Deletion

    Advocacy groups asked European Union antitrust enforcers on Thursday to investigate Google's parent company, Alphabet, accusing the technology giant of "an open attempt to circumvent" EU law requiring designated technology "gatekeepers" to permit users to uninstall apps easily.

  • July 24, 2025

    SEC Escapes Atty Fee Bid After Rare In-House Loss

    The U.S. Securities and Exchange Commission will not have to reimburse a Michigan-based company that spent four years fighting to have a trading suspension lifted, an administrative law judge has ruled, though he said the case raised "serious questions" about the agency's process for obtaining such suspensions.

  • July 24, 2025

    Texas Hemp Group Blasts New Legislative Proposal

    A Texas hemp industry advocate has slammed a second effort by the state Senate to ban all consumable products containing THC, saying residents want "smart, responsible regulation," not "prohibition."

  • July 24, 2025

    NJ Judge Orders Gun Store To Halt Illegal Ammo Sales

    A Garden State firearms retailer violated state law by failing to implement reasonable safeguards and selling ammunition to undercover state investigators without checking identification or confirming eligibility to purchase, a New Jersey Superior Court judge ruled.

  • July 24, 2025

    Kraft Must Face Claims It Stole Overseas Distributor Database

    The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.

  • July 24, 2025

    Columbia Sportswear Says University Breached Name Deal

    Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.

  • July 24, 2025

    NC Urges 4th Circ. Not To Block Vape Regs During Appeal

    North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.

  • July 23, 2025

    Ƶ Sued Over Retreat From Biden-Era Small-Biz Loan Rule

    The Consumer Financial Protection Bureau was sued Wednesday in Washington, D.C., federal court over claims it is illegally dismantling a data-collection rule meant to expose discrimination in small-business lending, the latest twist in multi-front litigation over the Biden-era measure.

  • July 23, 2025

    Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.

    A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.

Expert Analysis

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Despite Rule Delay, FTC Scrutiny Looms For Subscriptions

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    Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.

  • Va.'s Altered Surcharge Law Poses Constitutional Questions

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    Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Prior Art Ruling Highlights Importance Of Detailed Elaboration

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    The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Opinion

    Anti-Counterfeiting Efforts Must Hold China Accountable

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    As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

  • Securing IP Protection For AI Avatars

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    As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

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