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Retail & E-Commerce
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November 14, 2025
Lowe's Sheds Suit Over TikTok, Microsoft Trackers
A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.
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November 14, 2025
Amazon, New York Square Off Over State's NLRB Fill-In Law
The state of New York urged a Brooklyn federal judge to reject Amazon's bid to block a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, a statute that the online retailer says is flatly unconstitutional.
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November 14, 2025
Campbell's Settles With Politician Who Used Soup Can In Ad
The Campbell's Co. on Friday resolved its trademark fight in federal court with a Michigan congressional candidate for using its iconic can design in her campaign, with the defendant agreeing to stop producing, distributing or using any of Campbell's marks and trade dress in connection with any campaign, fundraising and promotional materials.
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November 14, 2025
Cannabis Co. Green Thumb Seeks Toss Of THC Potency Suit
Green Thumb has urged an Illinois state court to permanently end a proposed class action accusing the cannabis giant and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that what the plaintiff-consumers have described is a mistake in law, which is not fraud.
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November 14, 2025
Fed. Circ. Clears New Trial On Unicycle Infringement Damages
The Federal Circuit on Friday ordered a new trial to determine whether Inventist Inc. should receive lost profits after a jury determined Ninebot Inc. infringed its unicycle patent, saying key information was left out that could have impacted the jury's $800,000 award.
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November 14, 2025
Amazon Blasts Claim It Destroyed Evidence In Labeling Suit
Amazon.com Services LLC is fighting calls for sanctions in a proposed class action accusing it of failing to follow federal labeling laws for dietary supplements, saying it shouldn't be penalized for allegedly failing to preserve online product pages for the supplements.
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November 14, 2025
Consumers Want 9th Circ. To Recertify Apple IPhone Class
Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.
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November 14, 2025
Hemp Transporter Sues Ill. Cops Over Traffic Stop Seizure
An entrepreneur who distributes hemp to retailers in St. Louis and Chicago claims in Illinois federal court he is being hassled by local law enforcement, who have unlawfully confiscated much of his Delta-8 inventory and put his business "at risk of collapse," in turn endangering his family's sole source of income.
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November 14, 2025
Perkins Coie Sued By Omani Co. Over Trade Case Defense
An Omani screw manufacturer has launched a legal malpractice suit in Washington state court accusing Perkins Coie LLP of a "series of deadly mistakes" while representing the Middle Eastern company in a U.S. Department of Commerce probe, allegedly leading to steep penalties and tariffs that cost the company hundreds of millions of dollars.
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November 14, 2025
Safeway Beats Claims It Falsely Advertised Wine Discount
Grocery chain Safeway beat a proposed class action alleging that it hawks bogus, limited-time discounts on wine for its rewards members, after a California federal judge said Thursday that the members don't specifically allege how Safeway's representations were false or misleading, since higher, nonmember prices are unquestionably real prices charged to nonmembers.
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November 14, 2025
Fed. Circ. Sends Aaron Judge Slogan TM Case To Panel
The Federal Circuit agreed to have its merit panel review a Trademark Trial and Appeal Board decision that ruled in favor of baseball star Aaron Judge by prohibiting a Long Island man from registering a trademark for several judicial-themed slogans.
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November 17, 2025
CORRECTED: Estate Of Slain Clerk Wins $15.3M In Gaming Co. Suit
Two gaming machine companies, a convenience store owner, and a convicted murderer have been hit with a $15.3 million verdict in a lawsuit filed by the family of a Pennsylvania store clerk who was fatally shot during a 2020 robbery alleged to have been prompted by the presence of skill games on the premises.
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November 14, 2025
Fed. Circ. Clears Fees For Grocer After It Beat Camera IP Suit
The Federal Circuit on Friday affirmed an order granting attorney fees to a grocery store operator that defeated a camera maker's patent infringement claims, saying the Tennessee federal judge who issued the order had not clearly erred in finding the camera maker had a pattern of frivolous lawsuits.
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November 14, 2025
Target Faces 2nd Copyright Suit Over Infant Sleepwear Design
A Colorado-based baby clothing company told a federal court Friday that Target infringed its registered copyright on several infant sleepwear products, which the company says comes after the retail giant had already been told to pay it $1.2 million in another copyright lawsuit.
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November 14, 2025
ByHeart Sued Over Baby Food Botulism Contamination
A proposed class of consumers is suing ByHeart Inc., alleging that the company failed to warn buyers that its baby formula is contaminated with Clostridium botulinum, which can cause rare but potentially fatal infant botulism.
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November 14, 2025
PetSmart Settles Deceptive Training Contracts Suit For $225K
PetSmart agreed to pay the state of Colorado $225,000 to end a suit accusing it of tricking dog groomers into contracts with training repayment agreement provisions that forced them to pay up to $5,500 if they left the company before working there for two years, the state's attorney general said.
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November 14, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Freeths face a professional negligence claim from a Scottish car dealership, Rolls-Royce sue logistics giant Kuehne + Nagel, and a team of Oberon Investments Group investment managers sued by their former employer.
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November 13, 2025
'Gray Market' Indian Snack Imports Get Temporarily Banned
Indian snack food maker Haldiram's won a federal court order temporarily banning a food supplier in Washington state from importing or distributing its branded products over claims that the supplier repackaged and sold food not meant for sale in the U.S.
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November 13, 2025
Google Sues Cybercriminals Over Global Phishing Scams
Google has sued foreign cybercriminals behind phishing scams that claim to represent the U.S. Postal Service and the New York City government's website, among others, accusing them of texting millions of Americans phony messages that lure them into providing their payment information and other personal data.
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November 13, 2025
Inequitable Conduct Dooms 5 Packaging Patents, Judge Rules
A Massachusetts federal judge determined Thursday that five Inline Plastics Corp. food packaging patents asserted against Lacerta Group Inc. are unenforceable due to inequitable conduct because Inline omitted information about joint inventors when applying for the patents.
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November 13, 2025
Hemp Policy At Crossroads After Government Reopening Bill
Hemp industry advocates are pledging to use the one-year gap between enactment and implementation of the government funding agreement, which effectively recriminalized most hemp-derived THC products, to craft new regulatory legislation that stops short of a full ban.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
CVS Reaches Deal In 'Non-Drowsy' Labeling Class Action
A woman has agreed to settle her proposed class action against CVS Pharmacy accusing it of deceptively marketing its flu medicine as "non-drowsy" when it contained a drug known to cause drowsiness.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
Water Co. Investor Says Merger Erased $2B In Value
The parent company of water brands Alhambra and Crystal Springs was hit with a proposed class suit alleging it misled investors about a June 2024 merger that triggered a $2 billion market capitalization loss.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
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.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
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.
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A Changing Playbook For Fighting Records Requests In Del.
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.
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Demystifying The Civil Procedure Rules Amendment Process
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.
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Bankruptcy Courts May Offer Relief For Tariff-Driven Distress
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.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
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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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.