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Retail & E-Commerce
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July 18, 2025
Hyatt, Hilton Beat Room Price-Fixing Antitrust Suit, For Now
Hyatt, Hilton, Wyndham and other hotels beat a proposed antitrust class action, for now, alleging that they shared confidential occupancy data and prices through IDeaS's revenue management software to inflate room rates, after a California federal judge said Friday the suit doesn't plausibly allege a horizontal agreement or parallel conduct among them.
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July 18, 2025
Safeway Can't Arbitrate False Ad Wine Discount Suit
Safeway can't force customers to arbitrate their proposed false advertising class action alleging it markets bogus, limited-time offers of discounts on wine for its rewards members, after a California federal judge ruled that there's no evidence they agreed to arbitrate their disputes or had notice of Safeway's arbitration terms.Â
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July 18, 2025
Albertsons Spam Text Plaintiff Gets Chance To Revise Suit
A Washington federal judge on Friday threw out a proposed class action accusing Albertsons of sending consumers unsolicited text advertisements, yet she gave the plaintiff a shot at filing a new version of the lawsuit with a screenshot and more specifics to back his claims.
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July 18, 2025
Mattel Says Overseas Counterfeiters Ripping Off Uno Game
Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.
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July 18, 2025
Sony Judge Finds 'Glaring' Issues In PlayStation Deal, Motion
A California federal judge found "glaring shortcomings" in a $7.85 million deal Sony Interactive Entertainment struck to resolve antitrust claims over downloadable game card prices, saying that settlement credits are "generally disfavored," and the preliminary approval motion lacked information on what might have been won at trial.
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July 18, 2025
Trump Asks Supreme Court To Decline Early Tariff Challenge
President Donald Trump's administration urged the U.S. Supreme Court to reject a request from Illinois-based toy makers to hear their challenge against the White House's global tariffs, arguing the justices should not "leapfrog" parallel proceedings in circuit courts.
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July 18, 2025
Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings
A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.
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July 18, 2025
Zillow Says Compass Can't Get Block On 'Zillow Ban'
Zillow sought to flip the script Thursday on Compass's antitrust allegations targeting new standards limiting home listing eligibility for pre-marketed properties, telling a New York federal judge not to preliminarily block the rules because they're just an effort to use "transparency" to "mitigate the damaging effects of hidden listings."
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July 18, 2025
Retailer At Home Gets Final OK On $600M Bankruptcy Loan
A Delaware bankruptcy judge signed off Friday on furniture retailer At Home's request to borrow up to $600 million in Chapter 11 financing, approving the loan after the debtor resolved an objection from unsecured creditors.
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July 18, 2025
Fashion-Tech Biz Founder Charged With $300M Investor Fraud
The founder of bankrupt apparel technology company CaaStle Inc. defrauded investors out of $300 million, federal prosecutors in Manhattan said Friday, unsealing an indictment charging her with using sham documents to falsely promote a "rapidly growing business" supposedly worth $1.4 billion.
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July 18, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.
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July 17, 2025
Google Gets AGs' Ad Tech Trial Delayed In Texas
A Texas federal judge Thursday delayed an upcoming jury trial in antitrust litigation brought by a Texas-led coalition of attorneys general targeting Google's advertising placement technology business until there's a final judgment in a similar case led by the U.S. Department of Justice in Virginia.
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July 17, 2025
2 Firms To Lead Target Shareholder Suit Over DEI Initiatives
Rigrodsky Law PA and Levi & Korsinsky LLP will lead a now-consolidated shareholder derivative action accusing Target Corp.'s executives and directors of harming investors by greenlighting the company's diversity, equity and inclusion initiatives and its offerings of LGBTQ-related merchandise.
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July 17, 2025
Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker
The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.
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July 17, 2025
REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold
REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.
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July 17, 2025
EU Approves Luxembourg Beverage Deal With Fix
European enforcers have approved beverage producer and distributor Brasserie Nationale's planned purchase of a Luxembourg-based wholesaler, after the companies agreed to unload a portion of the business that sells to hotels, restaurants and cafes in the country.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.
Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.
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July 17, 2025
Houston Texans Say No Thought Behind Ticket Holders' Suit
A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."
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July 17, 2025
Amazon Attys Jump To Crowell & Moring In San Francisco
Crowell & Moring LLP has expanded its litigation resources in its San Francisco office with the addition of two former in-house attorneys for Amazon, who bring more than 30 years of combined experience to advise clients on product liability claims.
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July 17, 2025
Couche-Tard Pulls $47B Takeover Bid For 7-Eleven Parent
Alimentation Couche-Tard has withdrawn its nearly $47 billion bid to acquire Seven & i Holdings, the Japanese parent of 7-Eleven, citing "a persistent lack of good faith engagement" from Seven & i leadership.
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July 17, 2025
Work Wear Seller Faults 'Heartless' Lender In Chapter 11 Filing
Work wear and healthcare apparel retailer Work N Gear filed an emergency Chapter 11 petition late Wednesday, accusing a creditor of "heartless conduct" in sweeping funds out of accounts set aside to pay employee healthcare claims.
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July 16, 2025
11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction
The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.