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Retail & E-Commerce
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September 16, 2025
4th Circ. Revives RICO Claims On Amazon Project Kickbacks
The Fourth Circuit in a published decision Tuesday revived racketeering and other claims from Amazon.com Inc. after two former employees, a real estate developer and an attorney operated a kickback scheme as the company spent hundreds of millions of dollars on a set of data center projects in northern Virginia.
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September 16, 2025
DC Circ. Urged To Rehear EPA's HFC Market Allocation Case
A Georgia refrigerants company is asking for another shot to challenge the U.S. Environmental Protection Agency's implementation of a 2020 law mandating an 85% reduction in hydrofluorocarbon consumption by 2036, requesting an en banc rehearing from the D.C. Circuit after a panel unanimously rejected its challenge last month.
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September 16, 2025
Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy
Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.
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September 16, 2025
Feds Seek Toss Of DC Hemp Store's Home-Rule Challenge
The United States government on Monday urged a federal judge to dismiss a challenge to federal policy restricting the nation's capital from regulating marijuana and hemp sales, saying the local retailer that brought the action lacked standing to sue.
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September 16, 2025
Fed. Circ. Brushes Off Wig Grip Patent Case
The Federal Circuit on Tuesday refused to revive a wig grip apparatus patent owner's suit accusing a California hair replacement service of infringement, agreeing with how the lower court interpreted a key patent phrase.
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September 16, 2025
Senate Democrats Urge Chamber Not To Recriminalize Hemp
A group of Democratic U.S. senators on Tuesday urged the chamber's leaders not to adopt language in an appropriations bill that would drastically redefine the definition of legal hemp and which they say could ruin the nationwide hemp industry.
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September 16, 2025
Lowe's Skirts NC Class Actions Over Alleged False Discounts
A North Carolina federal judge threw out two proposed consumer class actions alleging Lowe's tricks customers into thinking they're getting a good deal with falsely advertised discount prices on products, finding the alleged harm for potential class members is too speculative.
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September 16, 2025
NY Cannabis License At Center Of Suit Against Fla. Broker
The entrepreneurs who secured one of the earliest New York cannabis retail licenses as part of a legal settlement with the state allege in a new California state lawsuit that a Florida cannabis franchise broker frustrated their effort to sell a share of the venture.
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September 16, 2025
Mother Claims Aquaphor Healing Ointment Contains Allergen
A California mother of two is suing Beiersdorf Inc. in federal court, alleging that its infant and children's healing ointments contain a common allergen despite being marketed as hypoallergenic.
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September 15, 2025
Google Consumers' Attys Seek $85M In Fees For $700M Deal
Attorneys who helped consumers reach a still-pending $700 million antitrust deal with Google in 2023 have urged a California federal judge to grant them $85 million in attorney fees, saying the settlement, reached alongside state attorneys general, was an "exceptional" result obtained in the "face of substantial litigation uncertainty."
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September 15, 2025
Rent The Runway Gets Investor Suit Trimmed On 2nd Look
Designer dress rental company Rent the Runway convinced a New York federal judge to trim certain shareholder claims against it after the judge reconsidered an earlier ruling on a putative class action suit that alleges the company failed to inform investors about major challenges it was facing prior to its 2021 initial public offering.
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September 15, 2025
Bayer Urges 9th Circ. Not To Revive Tevra Flea, Tick Meds Suit
Bayer is urging the Ninth Circuit not to grant a new trial over claims that it locked up the market for pet flea and tick treatment, saying the only evidence that rival Tevra showed a jury at trial was "highly dubious."
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September 15, 2025
California Judge Denies Smoke Shops' Bid To Halt Fresno Law
The California city of Fresno can enforce its new restrictions on smoke shops, including limiting their number and banning them from selling flavored tobacco and cannabis products, a California federal judge has ruled, rejecting arguments for a preliminary injunction after determining that the controls are probably constitutional.
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September 15, 2025
Rolling Stone Publisher Says Google AI Robs Its Content
Google is using its monopoly as a search engine to strong-arm websites into allowing their content to be fed into the tech titan's artificial intelligence machine, which returns a response at the top of every search page, according to the publisher behind Rolling Stone and Variety.
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September 15, 2025
Appeals Panel Says Wash. Spam Law Covers Recruiter Texts
A Washington Court of Appeals panel said Monday that the state's commercial email prohibition extends to "text messages sent to further the growth or prosperity of a business," finding logistics company CRST broke the law by sending unsolicited recruitment texts to contractors.
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September 15, 2025
Shoe Brand Vans' Turnaround Turmoil Sparks Investor Suit
Outdoor apparel company V.F. Corp. has been hit with a proposed securities class action accusing it of misleading investors about the progress it made on a corporate turnaround strategy intended to return its shoe brand Vans to positive growth.
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September 15, 2025
Compass Diversified Faces Shareholder Suit Over $265M Deal
Compass Diversified Holdings, a publicly traded statutory trust that buys industrial and branded consumer goods companies, was hit with an investor lawsuit in Connecticut federal court alleging that poor financial management of one of its companies ended up tanking Compass' stock price 62% years later.
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September 15, 2025
Hemp Cos. Say Okla. Police Wrongly Seized $125K Shipment
Hemp companies on the East and West coasts have filed a $4 million federal lawsuit against Oklahoma officials who allegedly confiscated and ruined a large shipment of legal hemp, saying local law enforcement has refused to acknowledge that it was not marijuana.
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September 15, 2025
Comcast Says Wash. State Tax Unfairly Targets Online Ads
Washington state's new law imposing sales tax on certain advertising services violates the federal Internet Tax Freedom Act and the U.S. Constitution, Comcast said in a complaint obtained Monday by Law360.
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September 15, 2025
Sears Investors Ink $9M Deal In Fiduciary Breach Case
A hedge fund manager and his firm will pay more than $9 million to end a long-running lawsuit alleging that they shortchanged investors when they took Sears Hometown and Outlet Stores Inc. private in 2019, according to a deal filed in the Delaware Court of Chancery.
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September 15, 2025
Judge Says Key DOJ Ad Tech Expert Has Little Experience
A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.
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September 15, 2025
Stop & Shop Says Too Late To Swap Plaintiff In Wipes Suit
Stop & Shop on Monday urged a Massachusetts federal court to deny a bid to substitute new plaintiffs in a suit alleging its flushable wipes are not flushable as advertised, saying the plaintiff hasn't shown good cause for the change 14 months after the amendment deadline.
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September 15, 2025
Ill. Court Backs Sanction Over 'Smoking Gun' Email In Buyout
An Illinois state appeals court has affirmed sanctions against an export company and its counsel, citing their failure to disclose a "smoking gun" email that undermined claims the company relied on a financial summary prepared by its accounting firm and ultimately paid too much to buy out a co-owner.
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September 15, 2025
Trade Court OKs 4th Try To Justify Chinese Floor Duties
The U.S. Court of International Trade sustained antidumping duties on a Chinese wood flooring exporter after the U.S. Department of Commerce complied with a third remand order by the trade court to collect accurate data for plywood imports, according to an opinion published Monday.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.