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Retail & E-Commerce
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August 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.
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August 01, 2025
9th Circ. Pauses Google Play Store Order In Antitrust Row
The Ninth Circuit on Friday granted Google's same-day request for an emergency administrative pause on a looming deadline to open up the tech giant's Play Store to alternative app distribution after the appellate court upheld a landmark antitrust win for Epic Games.
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August 01, 2025
Pennsylvania Legislation To Watch For The Rest Of 2025
Legislation working its way through the Pennsylvania Legislature this year includes bids to expand the state's consumer protection law to make it harder for companies to lock customers into automatically renewing subscriptions and for landlords to use software to collaborate with one another to inflate rents. Here are some bills to watch in the latter half of 2025.
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July 31, 2025
CBD Store Sues DC Officials Over Cannabinoid Policy
A D.C. hemp retailer whose shop was raided and padlocked by city law enforcement is seeking to overturn a local statute that it says conflates illicit marijuana with hemp made legal under the 2018 Farm Bill, saying in its federal complaint that the district has violated the dormant commerce clause.
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July 31, 2025
Segway Slapped With Class Suit Over E-Scooter Fall Hazard
Segway Inc. was hit with a proposed class action in Washington federal court on Thursday by a consumer who claims the company sold more than 200,000 electric scooters with a dangerous defect that puts riders at risk of falling and failed to adequately address the issue during a recall.
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July 31, 2025
Dems Aim To Make FTC's Blocked Click-To-Cancel Rule Law
Following an Eighth Circuit decision earlier this month that struck down the Federal Trade Commission's "click to cancel" rule, three House Democrats are trying to make it the law of the land to let consumers cancel subscriptions with a single click.
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July 31, 2025
Judge Rejects Hemp Interests' Bid To Halt Md. Pot Policy
A Maryland federal judge has declined to halt enforcement of a state policy that requires hemp retailers to obtain recreational cannabis licenses, saying the hemp interests that sought the injunction lacked standing and were unlikely to succeed on their claims.
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July 31, 2025
ITC Judge Recommends General Import Ban In Shoe IP Case
A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.
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July 31, 2025
3 Federal Circuit Clashes To Watch In August
The Federal Circuit's argument calendar for August includes Brita's effort to revive a patent suit against water filter rivals that fell short at the U.S. International Trade Commission, and a prolific inventor's bid to undo a decision clearing Coca-Cola of infringing a beverage dispenser patent.
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July 31, 2025
NYSE Parent May Buy Enverus For $6B, Plus More Rumors
A Milwaukee-based advisory firm is in late talks for a stake sale at a $1 billion valuation, Black Rock Coffee Bar files confidentially for an initial public offering at a similar value, and the Intercontinental Exchange is in talks to buy Enverus for $6 billion. Here, Law360 breaks down these and other notable rumors from the past week.
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July 31, 2025
Apple Beats Suit Over Removing Apps From App Store
A California federal judge agreed Wednesday that Apple has "considerable discretion" over permitting apps on the App Store, dismissing for now a video editing app developer's contract breach, business interference and antitrust challenge to the ban of all its apps.
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July 31, 2025
Fla. Judge Finds Car Photo Patents Unenforceable
A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.
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July 31, 2025
Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit
A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.
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July 31, 2025
ITC Wants Feedback Before Reconsidering Lashify Claims
The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.
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July 31, 2025
9th Circ. Upholds Google's Play Store Antitrust Trial Loss
A Ninth Circuit panel Thursday affirmed Epic Games' 2023 antitrust jury trial win, along with an injunction requiring Google to open its Google Play Store to rivals, backing a landmark finding that Google monopolized the Android app-distribution market.
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July 30, 2025
Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute
Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.
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July 30, 2025
Honest Co.'s $27.5M Investor Deal Gets Final OK
An investor class action against The Honest Co. Inc., the "clean lifestyle" brand founded by actress Jessica Alba, has gotten a final nod for a $27.5 million deal to end claims that the company did not disclose certain negative business trends ahead of its 2021 initial public offering.
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July 30, 2025
Cash App Parent's $12.5M Spam Text Settlement Gets 1st OK
A Washington federal judge has granted preliminary approval to Cash App parent Block Inc.'s $12.5 million class action settlement with customers who alleged they were bombarded with "annoying and harassing spam texts" from the company.Â
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July 30, 2025
Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk
Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.
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July 30, 2025
Celsius Cans Accidentally Filled With Vodka Drink, Recall Says
Alcoholic beverage company High Noon said Tuesday it accidentally got shipped some Celsius energy drink cans, filled them with vodka seltzer and shipped them to retailers in several states, in a recall notice that was also published by the U.S. Food and Drug Administration.
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July 30, 2025
'Scattershot' Privacy Suit Over Gap Email Tracking Gets Nixed
A California federal judge has tossed a proposed class action alleging that Gap Inc. invaded consumers' privacy by using third-party tracking technology in its marketing emails, criticizing the plaintiff's "continuously shapeshifting" theories of liability and saying he "expects more from counsel than the scattershot and vague assertions presented here."
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Texas Senate Again Approves Ban On Hemp-Derived THC
Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp.Â
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Wiggin And Dana Adds Real Estate Partner From Polsinelli
Law firm Wiggin and Dana LLP said Vasiliki Yiannoulis-Riva has joined as partner from Polsinelli PC in its real estate, environmental, construction and facilities department.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.