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Retail & E-Commerce

  • September 17, 2025

    Ex-Applicant Sues Walmart, Alleging Consumer Report Misstep

    Big box retailer Walmart faces a proposed class action alleging it violated the Fair Credit Reporting Act by running a background check, then rescinding a job offer to an applicant who'd disclosed her criminal record before starting the application process.

  • September 17, 2025

    BIPA Logic May Sustain Walgreens Data Suit, Ill. Justices Hint

    Illinois' highest court Wednesday pressed an attorney for Walgreens to address why the company shouldn't apply its own reasoning that a plaintiff can file suit based solely on a statutory violation of the state's biometric privacy statute to allegations that the retail pharmacy chain printed too much financial information on receipts.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

    A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.

  • September 17, 2025

    Hermes Gets Birkin Bag Antitrust Claims Tossed For Good

    A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.

  • September 17, 2025

    DOJ & Google Going To Trial, Again, On Ad Tech Remedies

    The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.

  • September 17, 2025

    Herbal Co.'s Supplements Lack FDA Disclaimer, Buyers Claim

    A proposed class of herbal supplement buyers is suing Traditional Medicinals Inc. in California federal court, alleging that its line of supplements makes claims that they support sleep, digestion and other functions, but they lack federally required disclaimers.

  • September 17, 2025

    USTR Seeks Feedback On USMCA In Advance Of Joint Review

    The Office of the U.S. Trade Representative is seeking comments on the effectiveness of the U.S.-Mexico-Canada Agreement in advance of next year's joint review of the regional trade agreement, it has announced.

  • September 17, 2025

    Fed. Circ. Backs Rejection Of Sterling Silver Patent App

    The Federal Circuit on Wednesday upheld the U.S. Patent and Trademark Office's rejection of a bid for a patent on a silver alloy resistant to corrosion, backing the agency's finding that the application lacked enough written description.

  • September 17, 2025

    FTC Sends White House List Of Regulations For Deletion

    The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.

  • September 17, 2025

    Newell Unit Sued Over Crock-Pot Defect Scalding User

    A woman is suing Sunbeam Products Inc. and its parent Newell Brands Inc. in Georgia federal court, alleging their Crock-Pot pressure cookers are defective, resulting in one ejecting its contents while under pressure, badly scalding her.

  • September 17, 2025

    Pot Entrepreneur Pushes 4th Circ. To Rehear Licensing Fight

    A California cannabis entrepreneur has asked the Fourth Circuit to rehear her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program, arguing that the appellate judges' ruling turned on multiple errors of law and fact.

  • September 17, 2025

    Walmart's CLO Plans Departure To Pursue 'Next Chapter'

    Walmart's chief legal officer, whose seasoned in-house career has included working in the private sector and at senior levels of the federal government, said Tuesday that she will leave her position at the end of the retail giant's fiscal year in January.

  • September 17, 2025

    Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.

    A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.

  • September 16, 2025

    Ky. Judge Backs Fed's Debit-Fee Cap In Split With ND Ruling

    A Kentucky federal judge on Monday upheld a Federal Reserve Board cap on debit-card swipe fees that a local merchant challenged as overly generous to banks, breaking with a North Dakota federal court that recently rejected the same regulation.

  • September 16, 2025

    Starbucks Resolves Swipe Fee Claims With BofA, Mastercard

    Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • How Fashion, Tech Can Maximize New Small Biz Tax Breaks

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    Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 2 Fed. Circ. Rulings Show Risks Of Altering Patent Claims

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    Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Ruling On Labor Peace Law Marks Shift For Cannabis Cos.

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    Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.

  • Fed. Circ. Rulings Refine Patent Claim Construction Standards

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    Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.

  • FTC's Reseller Suit Highlights Larger Ticket Platform Issues

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    Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Bankruptcy Courts May Offer Relief For Tariff-Driven Distress

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    The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

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