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Retail & E-Commerce
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
Pot Cos. Can't Get Block On Mich. City Licensing Fees
A Michigan federal judge won't block the enforcement of cannabis licensing fees by the city of Grand Rapids, finding the companies objecting to the fees haven't shown they face irreparable harm without an injunction.
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April 17, 2025
Fla. 'King Of Vape' Brings Defamation Suit Against NY Post
A Florida retail store owner who operates under the name "The King of Vape" brought a federal defamation lawsuit against News Corp., saying the New York Post ran a recent story falsely describing him as an anti-Israel advocate and terrorist supporter who was recently sued for selling illicit e-cigarettes.
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April 17, 2025
'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims
The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.
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April 17, 2025
Sacramento Says Dormant Commerce Doesn't Apply To Pot
The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.
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April 17, 2025
Judge Rules Google Monopolized Ad Tech In 2nd Win For DOJ
A Virginia federal judge on Thursday handed the U.S. Department of Justice Antitrust Division its second seminal win against Google, ruling that the search giant has illegally monopolized markets for display advertising placement technology.
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April 17, 2025
Chinese Tea Chain Prices $411M US IPO Amid Trade Tension
Chinese teahouse company Chagee Holdings Ltd., represented by Davis Polk & Wardwell LLP and underwriters' counsel Cleary Gottlieb Steen & Hamilton LLP, on Thursday priced a $411 million initial public offering at the top of its range despite U.S.-China trade tensions.
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April 16, 2025
Zuckerberg Calls TikTok Meta's 'Highest Competitive Threat'
Meta Platforms Inc. CEO Mark Zuckerberg pushed back Wednesday on Federal Trade Commission efforts to cabin the company's allegedly monopolistic social media dominance into a market that excludes TikTok and YouTube, telling a D.C. federal judge video has become the new predominant form of social media interaction.
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April 16, 2025
AlmondNet Sues Amazon Again After $136M Ad IP Victory
AlmondNet Inc. is aiming to expand on the $136 million it already won against Amazon for patent infringement with a new suit in Texas federal court accusing the technology giant of infringing another patent tied to directing television advertisements.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
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April 16, 2025
Musk Rips Calif. AG Decision To Not Join Suit Against OpenAI
Elon Musk blasted a California attorney general's office decision declining to join his federal lawsuit against OpenAI, saying in a Tuesday filing the decision appears to "misapprehend" the complaint and its derivative claims and "mischaracterizes or misunderstands" the consortium of investors he's assembled to bid on OpenAI Inc.'s assets.
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April 16, 2025
Airport Shops' $6.9M Data Breach Deal Cleared For Landing
A Georgia federal judge has given preliminary approval to a nearly $6.9 million settlement that would end a suit between airport retailer Paradies Shops and a proposed class of employees who claim their data was compromised in a 2020 ransomware attack.
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April 16, 2025
Napster Owner Infinite Reality Adds AI Power With $500M Deal
Gibson Dunn-advised Infinite Reality said Wednesday it will acquire AI firm Touchcast for $500 million, as the company seeks more AI power to deepen user engagement across a growing digital platform portfolio that includes a rebooted Napster.
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April 16, 2025
Consumer-Focused SPAC Details $150M IPO Plans
Blank check company Vendome Acquisition Corp. I has filed plans to raise up to $150 million in an initial public offering with the goal of acquiring a business in the consumer sector.
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April 15, 2025
Shrinking Crocs Case 'Deja Vu' For Judge Asked Again To Ax
A California federal judge asked by Crocs to toss a proposed false advertising class action claiming the footwear maker's plastic shoes shrink after exposure to heat said at a Tuesday hearing it feels like "Groundhog Day," since she recently denied class certification in a related case making similar claims.
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April 15, 2025
Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin
Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.
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April 15, 2025
Chase Says Fla. Biz Playing Games With NY 'Debanking' Suit
JPMorgan Chase Bank NA wants a case accusing it of "debanking" a Florida company sent to the Sunshine State, arguing that it has already won at least one nearly identical suit there and that the company's attempt to bring the current action in New York is a transparent attempt at forum shopping.
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April 15, 2025
7th Circ. Judge Skeptical Amazon Violated Labor Law
A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."
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April 15, 2025
Ex-AutoZone CEO Beats Investor's 'Short Swing' Profits Suit
AutoZone's former CEO has beaten an investor's suit accusing him of making $1 million in short-swing profits trading in the company shares at the expense of the company, with the judge ruling the transactions were exempt from certain insider trading rules.
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April 15, 2025
Expeditors' IT Shutdown Suit Nudged Toward Mediation
A Washington federal judge said Tuesday a sporting gear company's cybersecurity claims against a logistics contractor will likely survive, but suggested the parties try mediation instead of going straight to trial because it will be "next to impossible" for jurors to set aside their preconceived notions about the internet.
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April 15, 2025
Apple Sued By Wash. IPhone Buyers Over Missing Repair Info
Apple Inc. "deceptively" omits information on its iPhone packaging that's required under Washington state law, including warranty terms and the costs to repair the phone, according to a proposed consumer class action filed in California federal court.
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April 15, 2025
Paul Weiss To Narrow Forever 21 Work Amid Conflict Claims
Paul Weiss Rifkind Wharton & Garrison LLP told a Delaware bankruptcy judge Tuesday that it would be willing to reduce its proposed work for liquidating retailer Forever 21 in response to an objection by the U.S. Department of Justice's bankruptcy watchdog, which argued the firm is conflicted in the Chapter 11 case and shouldn't be hired by the debtor.
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April 15, 2025
Pot Shop Challenges NY Cannabis Labor Peace Law
A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.
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April 15, 2025
Meta Accused Of Turning Smart Devices Into Useless 'Bricks'
Consumers hit Meta Platforms Inc. with a proposed class action in California federal court Monday, accusing the social media giant of a deceptive "bait-and-switch" scheme by advertising Meta's Portal video-calling smart devices with wide-ranging features only to later discontinue key software functionality rendering its hardware "largely obsolete," useless "bricks."
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April 15, 2025
Deodorant Maker Hit With Class Claims Over Skin Burns
Edgewell Personal Care Co. is liable for chemical burns and other "painful and irritating skin issues" that users of its Billie brand All Day Deodorant have experienced, a proposed federal class action alleges.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.