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Retail & E-Commerce
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August 22, 2025
NC Justices Affirm Dismissal Of Philip Morris Tax Challenge
A North Carolina administrative court does not have the power to find a state tax law unconstitutional as applied, the state's highest court ruled Friday, upholding a loss for Philip Morris in a $300,000 franchise tax case.
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August 22, 2025
J&J Settles BIPA Suit Over Neutrogena Skin360 App
A former Johnson & Johnson subsidiary has settled a potential class action claiming it unlawfully stored and collected facial scans of people who used its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, prompting a New Jersey federal judge to order the case be terminated in 60 days.
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August 22, 2025
Panda Express Meal Caused Arterial Damage, Patron Says
A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Shopify, Sales Workers End Commission, OT Suit
A California federal judge agreed to conclude a suit accusing e-commerce company Shopify of a slew of California Labor Code violations, including misclassifying sales employees as overtime-exempt and having an illegal commissions plan.
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August 22, 2025
'Gorilla Mind' Energy Drink Can't Block Rival Amid TM Suit
A company that sells energy drinks and dietary supplements called "Gorilla Mind" lost its bid to block a rival from selling energy drink products with the word "Gorilla" while its trademark infringement suit plays out in California federal court.
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August 22, 2025
Taxation With Representation: Kirkland, Weil, Fried Frank
In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.
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August 21, 2025
Amazon Bags Toss Of Grocery Delivery Fee Disclosure Suit
A Washington federal judge on Wednesday threw out a proposed class action that alleged the Amazon Fresh website waited too late in the checkout process to disclose delivery fees, saying the conditions of use on Amazon.com Inc.'s websites prevented a woman from lodging claims under California law.
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
CBD Exec Accused Of Hiding Revenue To Skirt $1M Judgment
A Colorado man claimed this week in state court that the owner of a CBD company who owes him more than $1 million from a judgment in a 2022 case is concealing his assets through businesses owned by his mother and girlfriend to avoid paying creditors.Â
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations. Â
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August 21, 2025
Thousands Of Buyers Accuse Temu Of Avoiding Arbitration
Thousands of consumers suing online marketplace Temu on claims of false advertising and deceptive trade have urged a New York federal court to send their cases directly to arbitration, saying the company has used aggressive stalling tactics to avoid legitimate arbitral proceedings.
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August 21, 2025
NC Senator Says Whirlpool Rigged TED Talk For Ad Campaign
Sen. DeAndrea Salvador, a Norh Carolina Democrat, accused appliance manufacturer Whirlpool Corp. of using manipulated portions of her old TED Talk on energy affordability to burnish its international ad campaign, according to a lawsuit filed Wednesday in North Carolina federal court.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
Claire's Gets Interim Approval For $22.5M DIP Facility
A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement.Â
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
Mass. Sheriff Pleads Not Guilty To Pot Extortion Scheme
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins pled not guilty Thursday in a federal courtroom to charges that he used his position to obtain pre-IPO shares in a cannabis retailer, then a refund when the investment lost money.
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August 21, 2025
Judge OKs Deal To End Misrepresented Pickleball Paddle Suit
A Florida federal judge on Wednesday approved a settlement resolving a class action accusing a pickleball paddle manufacturer of deceptively marketing its products as certified by the sport's governing body that will pay out up to $300 to each class member.
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August 21, 2025
5 Firms Advise On $1.5B International Paper Fiber Biz Sale
International Paper Co. has agreed to sell its global cellulose fiber business to private equity firm American Industrial Partners for $1.5 billion, part of a broader effort to focus on sustainable packaging solutions, in a deal steered by five law firms, the companies said on Thursday.
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August 21, 2025
Judge Rejects New Trial Bid In Bike Wheel Patent Case
A Florida federal judge has denied a bike wheel maker's request for a new trial on claims of patent infringement against a rival more than two years after a jury made a finding of no infringement, saying the jury's conclusions were reasonable based on what was shown to them.
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August 20, 2025
Google Duped App Users With 'Fake' Privacy Button, Jury Told
A lead plaintiff in a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cell phone users told a California federal jury Wednesday that the tech giant is "misleading" consumers with a "fake button" purporting to allow users to opt out of tracking.
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August 20, 2025
Visa Deal Does Not Bar Other Swipe Fee Claims, Judge Rules
A New York federal judge on Wednesday ruled that Visa cannot enforce a $5.54 billion settlement in long-running multidistrict antitrust litigation against a class of Visa debit cardholders in a separate, similar suit, finding that the deal does not cover their claims, and therefore the claims can't be released.
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August 20, 2025
Cannabis Co. Infringed Extraction Patents, Suit Says
A New York-based manufacturer of hemp-derived CBD products is using stolen techniques to make its vape cartridges, gummies and prerolled joints, according to a lawsuit filed by an intellectual property holding company.
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.