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Retail & E-Commerce
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
Live Nation Customers Seek Antitrust Class Certification
Consumers accusing Live Nation of monopolizing the live entertainment industry are asking to certify a class in California federal court covering millions of concertgoers who have allegedly been overcharged for tickets since the concert promotion giant's 2010 merger with Ticketmaster.
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August 19, 2025
Detroit Fund Owner Gets 100 Months For $39M Investor Fraud
The former CEO and majority owner of a Detroit-based hedge fund firm was sentenced Monday to 100 months in federal prison for his role in a scheme to obtain more than $39 million from investors by lying about the fund's and investors' individual financial performance.
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August 19, 2025
Booking Holdings Settles Texas Junk Fee Suit For $9.5M
The parent company of popular hotel booking sites Booking.com and Kayak will pay $9.5 million to settle claims that it misled customers through rampant use of junk fees, the Texas Office of the Attorney General announced Tuesday.
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August 19, 2025
Onewheel Skateboard Maker Sued For Not Issuing Recall
A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
Sacramento Says 2nd Circ. Erred In Cannabis Ruling
The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.
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August 19, 2025
Cannabis Store Defends NY Labor Peace Law Challenge
A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.
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August 19, 2025
FTC Fights Order Blocking Media Matters Probe
The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.
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August 19, 2025
Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal
Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.
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August 18, 2025
Williams-Sonoma Loses Bid To Narrow Thread-Count Class
A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears
Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.
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August 18, 2025
Patent Licensing Co. Drops Starbucks Infringement Suit
A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.
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August 18, 2025
Fla. Rapper Sentenced To 3½ Years In Prison For $1M Fraud
A Florida federal judge sentenced a Miami rapper to more than three years in prison after a jury convicted him of fraud-related charges in connection with a scheme to defraud luxury merchandise vendors of more than $1 million.Â
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August 18, 2025
Ex-Lovesac Execs Stuck With Bulk Of SEC Fraud Suit
The U.S. Securities and Exchange Commission's suit against two former executives of beanbag chair maker Lovesac will move forward after a Connecticut federal judge ruled that the SEC had adequately pled knowledge of wrongdoing by the defendants and the materiality of alleged misstatements.
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August 18, 2025
Ex-GC Ordered To Destroy Files In Trade Secret Dispute
Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.
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August 18, 2025
Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims
A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.
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August 18, 2025
Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit
A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."
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August 18, 2025
2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit
The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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August 18, 2025
Progressive Must Cover $6M Title Insurer Judgment, Mall Says
Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.
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August 18, 2025
Ohio State Court Finds Google Is Not A Common Carrier
An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."
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August 18, 2025
RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt
Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.
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August 15, 2025
'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe
A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.
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August 15, 2025
Stewart Issues Dozens More Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.