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Retail & E-Commerce
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
OnlyFans Users May Face Sanctions Over AI 'Misuse'
OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.
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September 05, 2025
Munchkin Says 'Unhinged' GC Was Fired For Good Reason
Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.
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September 05, 2025
Temu Hit With $2M Penalty In FTC's 1st INFORM Act Case
The operator of Chinese e-commerce platform Temu has agreed to pay $2 million to resolve the Federal Trade Commission's inaugural enforcement action under the INFORM Consumers Act, which requires online marketplaces to provide customers with certain information and tools to combat counterfeit goods offered by high-volume third-party sellers.Â
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September 05, 2025
Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store
A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.
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September 05, 2025
Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions
The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
DOJ Defends Expert Who Says Agri Stats Helps Hike Prices
The U.S. Department of Justice pushed back on Agri Stats' efforts to strike key testimony from an economist backing Minnesota federal court allegations that turkey, chicken and pork producers "use Agri Stats information to raise prices on customers," arguing the company made "fundamental mistakes" about the analysis.
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September 05, 2025
Collectible Companies Settle Fraudulent Steph Curry Card Suit
A court fight between sports collectibles companies over a Stephen Curry rookie card allegedly sold at a fraudulently high price has been resolved, as the two sides jointly moved to dismiss the case Friday in Texas federal court after reaching a settlement last month.
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September 05, 2025
Court Denies Vape Interests' Bid To Halt Wisconsin E-Cig Law
A Wisconsin federal judge on Friday rejected vaping interests' motion to halt enforcement of a new state law banning the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, saying they were unlikely to succeed on claims the law was preempted.
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September 04, 2025
Geragos Strikes At $100K Verdict Over Nike Extortion Role
Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."
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September 04, 2025
Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees
The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.
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September 04, 2025
9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit
The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims.Â
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
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September 04, 2025
FTC Hits Chinese Toy Maker For Gathering Kids' Location Data
A robot toy maker has agreed to comply with federal rules for handling children's data and ensure that its vendors are doing the same in order to resolve the Federal Trade Commission's claims that the company enabled a Chinese analytics provider to collect geolocation information from mobile app users who were younger than 13 without parental consent.
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September 04, 2025
Ulta Sues To Exit Namdar-Owned Connecticut Mall
Beauty retailer Ulta has filed suit against the operator of a mall in Trumbull, Connecticut, saying its 10-year lease should be terminated after a failure of the heating, ventilating and air-conditioning system has forced the outlet to close for two months and counting.
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September 04, 2025
Wash. Justices Endorse Broad View Of Pay Transparency Law
Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.
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September 04, 2025
Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives
A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Stay Lifted On Merch Monopoly Case Against The NFL
A New York federal judge has lifted the stay on a lawsuit brought by fans that accuses the NFL, its teams and Fanatics of monopolizing sales of licensed league merchandise, resuming a motion-to-dismiss schedule that was paused pending the outcome of a similar lawsuit.
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September 04, 2025
Ill. Toymakers Ask Justices To Resolve Tariff Suit Venue Split
A pair of toymakers asked the U.S. Supreme Court Thursday to resolve a jurisdictional dispute concerning challenges to President Donald Trump's emergency tariffs, saying the justices should hear their case at the D.C. Circuit along with the federal government's just-filed appeal of a Federal Circuit decision that invalidated Trump's tariffs.
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September 04, 2025
Monthly Merger Review Snapshot
The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.
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September 04, 2025
FCC's Deregulatory Push Called Blueprint For Other Agencies
A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.
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September 04, 2025
Retailer Pushes To Dismiss Ugg Maker's IP Claims
Online fashion retailer Fashion Nova has asked a California federal judge to toss a trade dress infringement suit brought by the maker of Uggs boots, saying the suit had no allegations that it had any intent to infringe or knowledge of the relevant design patents.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Del. Dispatch: Conflicted Transactions And New Safe Harbors
Two recent Delaware Court of Chancery decisions involving conflicted transactions underscore that the new safe harbors established by the Delaware General Corporation Law amendments passed in March, going forward, provide a far easier route to business judgment review of conflicted transactions than were previously available, say attorneys at Fried Frank.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.