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Retail & E-Commerce
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June 04, 2025
Lowe's Ex-Manager Drops Racial Bias, Retaliation Case
A former Lowe's Companies Inc. manager has agreed to drop her case against the home improvement retailer, in which she alleged she was treated differently, retaliated against and later fired for being Black.
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June 04, 2025
Judge Won't Block Amazon From Talking To Depo Witnesses
A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 04, 2025
Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit
Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.
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June 04, 2025
Agent Seeks Toss Of Insurer's $1M Reinsurance Loss Suit
An insurance company's suit alleging that an insurance agent's errors cost the company its reinsurance through the Federal Crop Insurance Corp. should be tossed, the agent told a Michigan federal court, arguing that the claims are time-barred and have already been litigated.
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June 04, 2025
Post Reacquiring Brands Including Ronzoni Pasta For $880M
Post Holdings Inc. has agreed to acquire 8th Avenue Food & Provisions Inc. in a transaction valued at approximately $880 million, including the assumption of debt, as the packaged goods company looks to expand in private label and dry grocery categories — and brings several legacy assets back under its control.
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June 03, 2025
Egg Producer Beats Suit Over Salmonella Contamination
Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.
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June 03, 2025
Foes Urge Court To Assume Google Hid Evidence
Advertisers, publishers and other users of Google's online advertising placement technology come armed with receipts of the search giant's personnel apparently knowingly avoiding their discovery obligations, as the multidistrict litigation plaintiffs tee up a bid to sanction the company with a court presumption that deleted chats hide key evidence of monopolization.
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June 03, 2025
Consumers Defend Amending Apple, Amazon Antitrust Case
Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.
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June 03, 2025
Adidas, UChicago Failed To Protect Data In Hacks, Suits Say
Adidas' American arm and the University of Chicago Medical Center have been sued for allegedly failing to keep sensitive identifying information safe from hackers who stole it through certain third-party vendors.
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June 03, 2025
9th Circ. Wary Of Dormant Commerce Application To Cannabis
A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.
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June 03, 2025
PepsiCo's Popcorners Bags Not Filled To Corners, Buyer Says
PepsiCo illegally slack fills its Popcorners corn snack product bags without a legitimate purpose, tricking customers into thinking the package contains more product than it does and essentially making them pay for empty space, according to a proposed class action filed Sunday in California federal court.Â
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June 03, 2025
'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says
A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.
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June 03, 2025
Kim Kardashian Settles Judd Furniture Knockoffs Suit
Kim Kardashian and West Hollywood-based interior design firm Clements Design have agreed to dismiss a case brought by the late artist Donald Judd's foundation accusing Kardashian of purchasing knockoff versions of Judd's furniture.
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June 03, 2025
Lovesac Settles Conn. Shareholder Suits With Corp. Reforms
The Lovesac Co. has agreed to implement new corporate reforms and pay $335,000 to reimburse its stockholders' legal fees in a derivative lawsuit accusing company directors of filing misleading financial reports, according to a deal advanced Tuesday by a Connecticut federal judge.
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June 03, 2025
Electrical Parts Co. Owes $1M For Fire Loss, Insurer Says
A manufacturer of electrical cables is responsible for over $1 million in damages for a fire at a Philadelphia-based discount department store, an insurer told a Pennsylvania federal court, saying the blaze was caused by the manufacturer's defective armored cabling.
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June 03, 2025
Latham-Led Insurer Of Small Businesses Targets $100M IPO
Small-business-focused excess and surplus insurer Ategrity Specialty Holdings LLC on Tuesday unveiled a price range on an estimated $100 million initial public offering, represented by Latham & Watkins LLP and underwriters Skadden Arps Slate Meagher & Flom LLP.
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June 03, 2025
Aaron Judge Wants Fed. Circ. To Back TM Win Over Slogans
New York Yankees captain Aaron Judge and the Major League Baseball Players Association have asked the Federal Circuit to affirm a Trademark Trial and Appeal Board decision that blocked a Long Island man from registering trademarks for judicially themed slogans, such as "All Rise" and "Here Comes The Judge."
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June 03, 2025
Bills Texas Attys Should Know From The 2025 Session
Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.
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June 03, 2025
Apple Challenging EU's Interoperability Requirements
Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.
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June 03, 2025
DC Judge Agrees To Pause Tariff Injunction
A D.C. federal judge on Tuesday agreed to stave off a preliminary injunction that blocked the Trump administration from collecting tariffs on two toy makers while the government appeals the ruling.
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June 03, 2025
Ex-Dior Legal, Compliance Exec Joins Guess As Global GC
Los Angeles-based clothing company Guess Inc. has appointed a veteran European lawyer who has held multiple senior in-house roles as its next global general counsel.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
Retail Trade Group Taps Big Lots Atty As Next Leader
The longtime compliance leader and deputy general counsel for discount retail chain Big Lots is set to serve as the top attorney for the Retail Industry Leaders Association and to take the helm at the Retail Litigation Center.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Why Trade Cases May Put Maple Leaf Deference On Review
When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.
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CRE Challenges Demand New Lease And Development Plans
As developers and landlords face declining occupancy of commercial, industrial and office space post-pandemic, a combination of business and lease considerations may better position stakeholders to protect the value and profitability of their commercial real estate, says Geoffrey Leskie at Segal McCambridge.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What Greenwashing Looks Like, And How To Navigate Claims
Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.
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GC Nominee Likely Has Employer-Friendly NLRB Priorities
President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.