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Retail & E-Commerce
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May 20, 2025
Indirect Chicken Buyers' Attys Seek Additional $12M In Fees
Attorneys for commercial and institutional indirect purchaser plaintiffs in sprawling antitrust litigation against the nation's top poultry producers asked an Illinois federal judge Monday to approve roughly $12 million in additional attorney fees after they secured more than $41 million in additional deals since a prior fee motion.
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May 20, 2025
Cleary Guides Up To $391M Sale Of Levi Strauss' Dockers Line
Levi Strauss & Co. said Tuesday that it will offload its Dockers brand to Authentic Brands Group in a deal worth up to $391 million, signaling the company's intensified focus on its denim lines and the growth of its Beyond Yoga business.
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
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May 19, 2025
Comscore Accused Of Monopoly Over Movie Box Office Data
Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.
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May 19, 2025
Apple's Refusal To Put Fortnite On App Store Prompts Hearing
A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.
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May 19, 2025
Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling
Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.
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May 19, 2025
'Baby Shark' Wins Bid To Keep Knockoff Products Off Shelves
The PinkFong Co., creator of the viral "Baby Shark" song, has been granted a temporary restraining order against counterfeit businesses infringing its trademarks by advertising and distributing knockoff merchandise through their seller accounts on Amazon and Walmart, according to an order unsealed last week in New York federal court.
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May 19, 2025
Tyson Says Feed Ingredient Co.'s Suppliers Chose It Fairly
Tyson Foods asked a Georgia federal judge to nix a poultry rendering company's antitrust lawsuit, arguing the evidence shows that contracts it inked with the company's raw materials suppliers were won out of competition, not conspiracy to force the rendering firm into an underpriced $865.8 million buyout.
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May 19, 2025
'50 Cent' Liquor Biz Eyes Ex-Boss's Conn. Home For $7M Debt
Famed rapper Curtis '50 Cent' Jackson's liquor company asked a Connecticut bankruptcy court to let the business enforce its lien on its former brand manager Mitchell Green's $1 million home in Westport to help satisfy a $7 million fraud judgment, arguing that the lien will not disrupt Green's Chapter 7 proceedings.
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May 19, 2025
Fed. Circ. Sends TM Fight Over Perfume Mark Back To TTAB
The Federal Circuit on Monday found that a trademark tribunal wrongly dismissed Sferra Fine Linens' opposition to Sfera Joven's trademark application, remanding the case with a directive that some of the likelihood-of-confusion factors be reanalyzed.
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May 19, 2025
Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties
The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.
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May 19, 2025
USPTO Seeks Input On Guidelines For Fighting Online Fakes
The U.S. Patent and Trademark Office published a notice in the Federal Register on Monday requesting comments from intellectual property rights holders, online marketplaces and others on draft guidelines to combat the illicit trade and sale of counterfeit goods on the internet.
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May 19, 2025
SharkNinja Blender Defect Caused Severe Burns, Suit Says
A Tennessee woman suffered severe burns after the lid of her SharkNinja single-serving blender popped off due to a design flaw, causing hot milk and oatmeal to explode out of the cup, according to a suit filed in Massachusetts state court.
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May 19, 2025
Justices Decline Fireworks Co.'s Challenge To CPSC Notices
The U.S. Supreme Court on Monday declined to review a firework importer's challenge to U.S. Consumer Product Safety Commission notices that said the products violated federal standards, leaving in place a Fourth Circuit decision that informal agency notices are not final actions under the Administrative Procedure Act.
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May 16, 2025
Tesla Tells Justices Challenge To La. Sale Ban Should Stand
Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.
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May 16, 2025
Injured Ross Shopper Sanctioned For Discovery Violations
A woman suing Ross Dress for Less Inc. for injuries she suffered in a fall was sanctioned for failing to disclose that she received medical treatment stemming from a car accident two years prior, but a Florida federal judge stopped short of granting the "ultimate" sanction of dismissal.
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May 16, 2025
Parents Sue Colgate Over Alleged Dangers Of Fluoride Rinse
A proposed class of buyers of oral rinses is suing Colgate-Palmolive Co., alleging it misleadingly advertises its Hello Kids Fluoride Rinse as safe despite the U.S. Food and Drug Administration considering it too dangerous for children under 6 years old.
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May 16, 2025
11th Circ. Troubled By Feds' Reversal On ALJ Removal Law
Eleventh Circuit arguments on whether Walmart Inc. must face an administrative law judge over alleged immigration recordkeeping violations were derailed Friday by the court's concerns about the Trump administration's decision to no longer defend the statute protecting such judges from removal by the executive branch.
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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May 16, 2025
Despite US-China Tariff Pause, Business Pressures Persist
U.S. importers dodged an effective ban on Chinese imports for now following the U.S. and China suspending higher tariff rates, but companies still foresee higher prices and supply-chain disruptions that will continue to stoke economic anxiety.
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May 16, 2025
Pot Farm Can't Challenge Colo. Regulators' Alleged Inaction
A Colorado state judge has dismissed a cannabis farm's suit alleging that state regulators haven't sufficiently cracked down on illegal operators, saying the farm isn't challenging a final agency action that is subject to judicial review.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Appellate Ruling Merits New Shot At Sales Regs, Distiller Says
A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.
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May 16, 2025
Rite Aid Announces Deals To Transfer Pharmacy Assets
Rite Aid Corp. has entered into sale and transition agreements subject to approval from a New Jersey bankruptcy judge that would see pharmacy assets and services transition to new operators, according to an announcement from the company.
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May 16, 2025
Calif. Atty Caught Using Claim Construction Made Up By AI
A San Francisco-based attorney representing Magpul Industries in patent litigation has been effectively removed from the case after admitting that the claim construction chart he submitted was nearly all fabricated by artificial intelligence.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.