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Retail & E-Commerce
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
RI Opens Applications For Adult-Use Cannabis Licenses
Rhode Island cannabis regulators on Friday opened applications for new cannabis retail licenses, signaling a significant step in the expansion of the state's recreational marijuana market following the state's legalization of the drug for adult use more than three years ago.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
Insurance Agency Says It's Not Liable For Lack Of Coverage
An insurance agency told a Pennsylvania state court that it can't be held liable for a furniture company's roughly $534,000 cyber loss, arguing that under state law, there is "no common law duty to advise, inform, or recommend optional coverage to the insured."
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September 15, 2025
Cookie Buyers Can't Get Certified In Mistranslated Label Suit
A California federal judge on Monday denied certification to a proposed class of cookie buyers alleging that tree nuts were omitted from the English label of imported Japanese cookies, saying individualized questions about which consumers read, relied on and were injured by the mistranslation would predominate.
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September 15, 2025
Ex-Boston Sports Clubs CEO Owes $6M Over Pandemic Billing
The former CEO of Boston Sports Clubs is liable for $6 million in damages and interest, because he approved a plan to charge gym members while the clubs were shuttered at the start of the coronavirus pandemic, then thwarted customers' attempts to cancel their contracts, a Massachusetts judge has ruled.
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September 15, 2025
Segway Says E-Scooter Hazard Suit Doesn't Belong In Wash.
Segway Inc. is urging a Washington federal court to dismiss a proposed class action alleging its electric scooters are shipped with a dangerous defect, saying the company doesn't have sufficient ties to the state for it to have jurisdiction.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Cannabis Brokers Sue Over $250K In Unpaid Commissions
Two brokerage companies claim they were never paid his commission for helping guide two deals worth roughly $1.7 million involving the purchase of Los Angeles cannabis permits, according to a California state lawsuit seeking compensation from the cannabis entrepreneurs and their companies.
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September 12, 2025
Regulators Seize $86M Of Chinese-Made Vapes In Chicago
Federal regulators seized $86.5 million in illicit vape products at a Chicago port of entry during a joint operation, according to an announcement claiming the haul is the largest single confiscation of e-cigarette products of this kind and is part of the government's "aggressive" crackdown against youth vaping and "foreign actors."
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September 12, 2025
Feds Say NC, NJ Shops Sold Illegal Vapes After FDA Warnings
The U.S. Food and Drug Administration is looking to permanently block two separate vape distributors from importing and selling illicit flavored e-cigarettes from China in lawsuits filed New Jersey and North Carolina federal courts.
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September 12, 2025
DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks
The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.
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September 12, 2025
9th Circ. Rejects Rethink, Unpauses Google Play Store Order
The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.
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September 12, 2025
Amazon Says FTC Can't Subpoena Corporation For Prime Trial
Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."
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September 12, 2025
John Deere Rival Won't Get Redo On Safeguards In FTC Case
An Illinois federal court on Thursday refused a bid from a Deere & Co. competitor asking for reconsideration of an order denying a bid to block the distribution of confidential information produced during the Federal Trade Commission's right-to-repair investigation into the farming equipment company.
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September 12, 2025
Receiver Wants To Sell Calif. Property With Illegal Ex-Pot Shop
A court-appointed receiver asked a California state court to approve the sale of a two-story Compton commercial building that used to have an illegal cannabis dispensary.
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September 12, 2025
PetSmart Not Liable For Worker's Alleged Assault, Jury Says
A Michigan federal jury on Friday found that PetSmart Inc. is not liable for its employee's assault on a customer in 2020 over a dispute involving the price of a dog toy, instead finding that the worker was completely responsible for the incident and awarding the customer $5,000.
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September 12, 2025
Shein Uses AI To Steal Popular Designs, Suit Claims
Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.
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September 12, 2025
Fed. Circ. Backs $3.5M Award In Wallet Gadget Patent Case
The Federal Circuit held Friday that it won't undo Dynamite Marketing's $3.5 million win in a suit in which a jury found that WowLine Inc. infringed a patent covering the Wallet Ninja, upholding awards for both damages and attorney fees.
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September 12, 2025
Buyers Seek Final OK In $1.5M Rust-Oleum Greenwashing Suit
A class alleging that Rust-Oleum Corp. has been "greenwashing" its cleaning products with labels claiming they are "non-toxic" and "Earth Friendly" is asking a California federal court to grant final approval of a $1.5 million settlement to resolve the suit.
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September 12, 2025
Conn. Supreme Court Snapshot: Amazon Wages Top Sept.
A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.
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September 12, 2025
Hagens Berman Doubles Down On AI-Tainted Brief Correction
Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.
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September 12, 2025
Under Armour Gets Win In Outlet Store Price Suit
A New York federal judge on Thursday axed a consumer's potential class action alleging that Under Armour promises lower costs of products sold in its outlet stores while actually charging inflated prices, saying that she didn't claim that what she bought was defective.
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September 12, 2025
EU Lets Microsoft Unbundle Teams To Avoid Fine
European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.Â
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.