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Retail & E-Commerce
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November 17, 2025
Cannabis Co. Not Covered In Product Safety Suit, Insurer Says
A cannabis company is not entitled to coverage for a proposed class action accusing it of misrepresenting the nature and safety of its cannabis-infused products, a Nationwide unit told an Illinois federal court, saying the suit doesn't allege bodily injury, property damage, or personal and advertising injury to trigger coverage.
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November 14, 2025
FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops
The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.
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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.
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.