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Retail & E-Commerce
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July 09, 2025
3M PFAS Suit Belongs In State Court, Conn. Tells 2nd Circ.
Connecticut is urging the Second Circuit to reject 3M Co.'s effort to move a state court lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products to federal court.
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July 09, 2025
7th Circ. Asks Ill. Justices To Mull Amazon COVID Pay Fight
The Seventh Circuit shipped to the Illinois Supreme Court a suit accusing Amazon of not paying workers for time spent in COVID-19 screenings, asking the state justices to sort out whether state law incorporates federal regulations for preshift activities.
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July 09, 2025
Antitrust Enforcers Beat Google, Try Meta And Keep Going
When U.S. District Judge Leonie M. Brinkema held on April 17 that Google was liable for illegally monopolizing two out of three advertising placement technology markets targeted by the U.S. Department of Justice, her ruling contributed to potentially one of the most consequential convergences of antitrust enforcement in recent memory.
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July 09, 2025
Former FCC Republican Opposes Next-Gen TV Mandate
The feds shouldn't push a next-generation TV mandate on electronics makers and related industries at the behest of broadcasters eager to move to the new standard, says a Republican former member of the Federal Communications Commission.
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July 09, 2025
Stone And Tile Seller Hits Ch. 11 With $65M In Debt, Sale Plans
Mosaic Cos., the parent of stone and tile distributors Walker & Zanger and Surfaces Southeast, filed for Chapter 11 protection in Delaware with $65 million of secured debt after it struggled to rebound from pandemic-caused supply chain disruptions.
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July 08, 2025
Grocer's Octopus In Olive Oil Also Comes With Lead, Suit Says
Natural grocery store chain Lazy Acres has been selling a tinned "octopus in olive oil" product that also contains lead in violation of California's Proposition 65, according to a suit lodged in Los Angeles County Superior Court on Tuesday.
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July 08, 2025
FTC Warns Amazon, Walmart On False 'Made In USA' Labeling
The Federal Trade Commission announced Tuesday that it has informed Amazon and Walmart that third-party sellers on their online marketplaces might be falsely labeling products "Made in USA" and asked the companies to watch for and take corrective action against sellers who make such false claims.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Conn. AG Hits Ticket Marketplace With 1st Data Privacy Fine
An online ticket marketplace has become the first to be handed a monetary penalty under Connecticut's comprehensive data privacy law, with the state's attorney general announcing a settlement Tuesday that will require the company to pay $85,000 and maintain consumer rights request metrics to resolve claims that it failed to fix several alleged privacy notice deficiencies.
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July 08, 2025
Baltimore Police Want Out Of Md. Hemp Cos.' Suit
The Baltimore Police Department wants out of a lawsuit filed by hemp businesses and buyers seeking to upend a Maryland law that would require retailers to get recreational cannabis licenses to buy and sell hemp products, arguing that the department isn't responsible for the legislation.
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July 08, 2025
Omnicare, CVS Tab In FCA Case Increases To $949M
A New York federal judge on Monday raised a False Claims Act judgment against Omnicare and CVS to a combined $949 million following a jury's finding that they submitted millions of false prescription claims for long-term care patients.
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July 08, 2025
8th Circ. Strikes Down FTC's Click-To-Cancel Rule
An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million.Â
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July 08, 2025
Wash. Seafood Plant, Steel Shop Slapped With CWA Suits
Environmental groups launched a pair of Clean Water Act lawsuits in Washington federal court on Tuesday accusing an Evergreen State seafood producer and specialty machinery firm of releasing pollutants into local waterways in violation of state and federal permitting regulations.
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July 08, 2025
Kohl's Says Self-Storage Renovation Led To Pa. Mall Exit
In seeking to ditch a lawsuit, Kohl's on Tuesday told a Pennsylvania federal judge that a mall owner breached a lease of two decades with an unwanted renovation project that added a nearby self-storage business and cut off the retailer's access to the mall's interior.
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July 08, 2025
'Practice Better Judgment,' Judge Tells Comscore Foe
A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.
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July 08, 2025
Cannabis Co. Escapes Sales Commissions Suit
A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.
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July 08, 2025
Michigan Cos. Pay $1.9M To Settle PPP Loan Fraud Claims
Four Michigan companies reached settlements worth a combined $1.9 million with the federal government to resolve claims they violated the False Claims Act by making false statements to get Paycheck Protection Program loans during the COVID-19 pandemic.
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July 08, 2025
Medical Co. Wants High Court To Review Rushed Patent Case
A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
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July 08, 2025
Amazon Wants To Challenge Class Cert. Bid On The Stand
Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.
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July 07, 2025
FTC Wants More Time To Present Case Against Amazon Prime
The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.
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July 07, 2025
AGs Urge Texas Ad Tech Judge Not To Delay Google Trial
An attorney for the Texas-led coalition of attorneys general targeting Google's advertising placement technology business urged a Texas federal judge Monday not to delay the upcoming jury trial, arguing there's no need to worry about potential inconsistencies with a Justice Department case in Virginia.
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July 07, 2025
5th Circ. Says Apple Didn't Suppress Union In NYC
The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.
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July 07, 2025
Gun Rights Groups Sue To Overturn National Firearms Act
Multiple gun rights advocacy groups asked a Texas federal court to throw out most of the National Firearms Act, saying that because the One Big Beautiful Bill Act reduced the tax for certain controlled firearms to $0, the NFA could no longer pass a constitutional smell test.
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July 07, 2025
Etsy Shares User Data With Google And Meta For Ads, Suit Says
Etsy flouts privacy laws by illegally sharing website visitors' information with third parties through the surreptitious use and deployment of tracking pixels created by Google, Meta, TikTok and Microsoft for behavior profiling and real-time digital ad bidding auctions, according to a proposed class action filed last week in California federal court.Â
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July 07, 2025
Gunmaker Denies Wrongdoing In Suit Over Exploding Bullet
Chiappa Firearms USA Ltd. is pushing back on claims that it is liable for permanent eye injuries a man suffered when a bullet exploded in the manufacturer's 1911-style handgun, saying in Georgia federal court the incident was likely user error.
Expert Analysis
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.