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Retail & E-Commerce
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April 08, 2025
True Value Gets OK For Post-Sale Ch. 11 Plan
A Delaware bankruptcy judge said she would approve hardware store supplier True Value Co.'s Chapter 11 plan, which will distribute the proceeds of its $153 million sale to stalking horse bidder Do It Best.
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April 08, 2025
Birkenstock IP Foe Eyes Settlement As Shoemaker Balks
A Massachusetts-based shoemaker locked in an intellectual property battle with Birkenstock asked a federal judge on Tuesday to deny the sandal-making giant's request to push back a scheduled mediation, saying the case is ripe for settlement talks.
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April 08, 2025
Wash. Smoke Shop Settles Exploding Vape Battery Suit
An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
Former Prada GC Fashions Move To Fisher Phillips In NY
Fisher Phillips has hired the legal function leader of Prada Group as a New York office partner to expand the firm's retail industry offerings.
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April 07, 2025
Bigelow Emails Spill The Tea About 'USA' Label Lies, Jury Told
An attorney for a class of tea consumers suing R.C. Bigelow over a "Manufactured in the USA 100%" label that has already been found to be false told a California federal jury during closing arguments Monday that internal emails show that executives were either reckless or intentionally misled the public.
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April 07, 2025
Bakery Oil Trial Begins With Split Over Formulas' Secrecy
Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.
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April 07, 2025
Agriculture Insurer Says Agent Error Cost It Fed. Reinsurance
A Texas insurance company has taken aim at its insurance agent, claiming that clerical errors cost the company over $1 million after applications for reinsurance were belatedly submitted to the U.S. Department of Agriculture's Federal Crop Insurance Corp. amid the COVID-19 pandemic.
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April 07, 2025
Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case
Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.
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April 07, 2025
Ex-Exec Says Pot Tracking Co. Fired Him For Whistleblowing
A former executive at Metrc, the company that provides product tracking services for a majority of U.S. regulated cannabis markets, has alleged in a new federal lawsuit that he was fired for speaking out about the company's business practices.
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April 07, 2025
Starbucks Asks To Dump Investors' 'Triple Shot' Strategy Suit
Starbucks has urged a Seattle federal judge to toss a consolidated proposed class action alleging that the coffee chain made overly positive projections for its "Triple Shot Reinvention" strategy that hurt investors when the financial results didn't bear out the company's optimism, saying the plaintiffs haven't shown that Starbucks made any false statements.
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April 07, 2025
Kroger Says State AGs' Strategy Dooms Merger Row Fees Bid
Kroger and Albertsons have urged an Oregon federal judge not to grant legal fees to the attorneys general who challenged their now-nixed $24.6 billion merger alongside the Federal Trade Commission, arguing U.S. Supreme Court precedent clearly requires more than a temporary court block to win costs.
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April 07, 2025
NYC Sues Vape Cos. For Selling Flavored E-Cigs
The city of New York sued nine major distributors of electronic cigarettes on Monday, mirroring a related suit filed by the state in February alleging that the distributors are violating state and federal law by selling flavored products.
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April 07, 2025
Pair Of Blank Check IPOs Raising $411M To Pursue Mergers
Two separate special purpose acquisition companies, New Providence Acquisition III and Twelve Seas Investment III, on Monday unveiled plans to raise a combined $411 million in their initial public offerings.
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April 07, 2025
Pot Co. Lied About Prerolled Joint Costs, Investor Claims
An investor in cannabis company Canopy Growth Corp. is suing in New York federal court, alleging that the company misled him and other investors about the costs of a prerolled joint product and vape devices, leading to a 27% stock drop when the truth came out.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
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April 07, 2025
Drivers Say Amazon Attys Covertly Contacted Class Members
Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.
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April 07, 2025
Whole Foods To Settle Bonus Manipulation Suit
Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.
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April 07, 2025
Supreme Court Declines Review Of NY Concealed Carry Law
The U.S. Supreme Court said Monday that it won't review a New York state law requiring "good moral character" as a prerequisite to obtaining a gun permit, passing on an opportunity to resolve what firearm rights advocates called a circuit split on how the high court's decision in Bruen is interpreted.
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April 04, 2025
Bigelow Drinkers Overpaid 11% Due To 'USA' Label, Jury Told
An expert testifying for a California class of R.C. Bigelow tea purchasers on Friday told a federal jury considering damages caused by false advertising claims that the class overpaid by 11.3%, or $3.26 million, due to a "Manufactured in the USA 100%" label the judge already found is deceiving.
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April 04, 2025
IPO Plans Appear Iced As Trump's Tariffs Rock Markets
The escalating sell-off in equities is halting major initial public offerings for now and more prospects will likely pause plans as deals lawyers and their clients assess the fallout following President Donald Trump's endorsement of across-the-board tariffs, experts say.
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April 04, 2025
OpenAI And Musk Get 2026 Trial Date, Likely Sans Microsoft
A California federal judge on Friday nailed down an expedited March 2026 trial schedule for Elon Musk and OpenAI's contract fight over OpenAI's transition into a for-profit enterprise, while staying antitrust claims indefinitely and calling Microsoft's request to participate in the trial if she dismisses Musk's claims against it "not logical."
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April 04, 2025
Texas Goodwill Inks $75K Deal In EEOC Disability Bias Suit
The U.S. Equal Employment Opportunity Commission told a Texas federal court Friday that a Goodwill operation has agreed to pay $75,000 to end the agency's suit alleging the organization illegally declined to hire a deaf applicant for a retail role because "hearing and speaking" were job requirements.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
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April 04, 2025
Nissan Settles With NJ Dealers In Suit Over Predatory Loans
Nissan North America Inc. and its financing arm have settled a dispute with New Jersey auto dealers who said they were forced to take $20 million worth of predatory loans that financed an overabundance of inventory the car giant ordered them to carry amid corporate pressure to raise sales, according to a letter filed in federal court.
Expert Analysis
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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.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.