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Retail & E-Commerce
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August 13, 2025
EBay, Former Execs Must Face Bulk Of Harassment Case
A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.
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August 13, 2025
Calif. Firm Says Pot Co. Co-Owners Stiffed On Buyout Deal
A California firm is suing its former business partners in state court, alleging that they failed to pay up on a partnership withdrawal agreement and still owe more than $280,000 for the firm's 15% share of a cannabis business.
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August 13, 2025
4 Firms Advise On Gildan's $4.4B Acquisition Of HanesBrands
Canada's Gildan Activewear Inc. has agreed to acquire HanesBrands for about $2.2 billion, or $4.4 billion including debt, the companies said Wednesday, with four law firms guiding on the cross-border apparel industry deal.Â
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August 12, 2025
Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row
A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.
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August 12, 2025
Carriers Must State If Phones They Sell Are Locked, FCC Told
Mobile phone carriers should have to clearly state whether the phones they're selling are carrier "locked" and if so for how long a customer will be locked in with that phone company, the Federal Communications Commission heard recently.
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August 12, 2025
Kraft Heinz Faces Suit Over Capri-Sun '100% Juice' Claims
A shopper sued The Kraft Heinz Co. in California federal court Monday claiming its Capri-Sun "100% Juice" Fruit Punch misleads consumers by hiding synthetic citric acid, a preservative and flavor additive, behind pure juice marketing.
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August 12, 2025
Google Wants Epic Order Paused For Potential High Court Bid
Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.
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August 12, 2025
IMG Fragrance Company Hits Ch. 11 With $64M In Debt
Fragrance portfolio company IMG Holdings Inc. and its affiliates sought Chapter 11 bankruptcy protection on Monday in Delaware, reporting $63.6 million in senior secured debt and less than $10 million in assets, and aiming for a $3 million asset and trademark sale to creditor Fragrance Xtreme Inc.
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August 12, 2025
Senate, House Bills Look To Curb Counterfeit Imports
A bipartisan group of lawmakers has introduced a bill in both chambers of Congress aiming to combat counterfeit and pirated imports by allowing customs agents to share suspected counterfeit packaging and shipping information with intellectual property holders, e-commerce companies and goods transporters.
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August 12, 2025
Amazon's 'Dark Patterns' Expert Nixed From FTC Prime Suit
Amazon.com Inc. is down a key expert witness after a Washington federal judge ruled that an engineering consultant has offered nothing but his expertise and experience to argue the Federal Trade Commission wrongly accuses the retail giant of using "dark patterns" to trick users into Prime subscriptions.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Google Gets $34.5B Chrome Offer Amid Antitrust Fight
Perplexity AI has submitted a $34.5 billion offer to acquire Google's ubiquitous Chrome web browser, according to a Tuesday term sheet obtained by Law360, as part of a proposed antitrust remedy following ongoing U.S. Department of Justice proceedings against Alphabet Inc.'s Google.
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August 12, 2025
Samsung, Home Depot Get Stove Fire Suit Tossed For Now
A Pennsylvania federal judge has thrown out a couple's suit alleging an oven and stovetop made by Samsung Electronics America Inc. and sold by The Home Depot USA Inc. caused a fire that damaged their home, saying the complaint contains only conclusory allegations without facts to back them up.
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August 12, 2025
MGA Wants Judge To Rule On Punitive Damages In TI Case
Toy maker MGA Entertainment has asked a California federal judge to decide how much it owes in punitive damages for infringement of trade dress co-owned by rapper Clifford "TI" Harris and his wife, Tameka "Tiny" Harris, relating to Tiny Harris' pop group the OMG Girlz, instead of holding the case's fourth jury trial.
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August 12, 2025
Maryland Says It's Immune To Hemp Cos.' Challenge To Regs
The state of Maryland and its regulators are urging a federal court to toss hemp companies' challenge to a state regulation requiring licenses for intoxicating hemp-derived products, saying the claims are blocked by sovereign immunity under the 11th Amendment.
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August 11, 2025
Chicago Judge Signals Shift In Handling Counterfeit Cases
A Chicago federal judge, who earlier this year halted lawsuits in his courtroom that anonymously combined numerous alleged online counterfeiters in single complaints, has concluded that the litigation strategy "should no longer be perpetuated in its present form."
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
Ex-Market Basket Execs Accused Of Flouting Stay-Away Order
Two high-level Market Basket executives fired last month amid a struggle over control of the popular New England grocery chain have made dozens of improper visits to the stores in a campaign to intimidate employees into going along with plans for another work stoppage, according to a complaint filed by the company on Monday in Massachusetts state court.
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August 11, 2025
P&G Must Face Claims Of Unsafe Lead Levels In Tampons
A California federal judge has refused to dismiss the bulk of a suit alleging the Proctor & Gamble Co. sold tampons that contained amounts of lead beyond what California allows, saying the latest complaint included enough detail about the testing for the case to move forward.
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August 11, 2025
Amazon Must Reveal Research Funding Info In Antitrust Suits
A Washington federal judge is forcing Amazon to provide a group of consumers with information regarding the company's alleged ties to antitrust researchers, saying the plaintiffs have presented records suggesting it "has communicated with or funded" various academic authors cited by its expert economist in three related cases.
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August 11, 2025
Nike Investors Say Biz Strategy Was 'Ticking Timebomb'
Shareholders suing Nike Inc. over what they say was a failed business strategy responded Monday to a motion to dismiss the proposed class action, arguing that they have 19 confidential witnesses who can prove that the company painted an overly rosy picture of its prospective growth.Â
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August 11, 2025
Catching Up With Delaware's Chancery Court
Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.
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August 11, 2025
IP Atty Asks High Court To Hear 'US Space Force' TM Case
An intellectual property lawyer has urged the U.S. Supreme Court to hear his case to register the trademark "US Space Force," seeking a reversal of a trademark board decision that denied him registration of the mark even though he applied for it before the creation of the military branch with the same name.
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August 11, 2025
Nestlé Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestlé has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
Losing Bidder On Mass. Pike Plazas Wants Docs Released
A fuel company that lost out to Blackstone-backed Applegreen on a 35-year contract to operate highway service plazas in Massachusetts asked a state court judge to order transportation officials to turn over records of the procurement and bidding process.
Expert Analysis
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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What Expanding Merchant Code Regs Mean For Processors
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.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
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.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
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.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
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.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
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.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
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.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
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.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
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.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
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.
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Series
Law School's Missed Lessons: Communicating With Clients
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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
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.