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Retail & E-Commerce
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December 12, 2025
Google To Face Publishers' Class Claims Over AdX Exchange
A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.
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December 12, 2025
Live Nation Consumers Get Class Certified In Antitrust Case
A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.
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December 12, 2025
Fla. Judge Allows Deceptive Trade Claim In Zyn Suit
A Florida federal judge on Friday rejected Philip Morris International Inc.'s attempt to toss a deceptive business practices count in a lawsuit accusing the company of mislabeling Zyn nicotine pouches as "tobacco-free," disagreeing that the allegation is a relabeled fraud claim.
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December 12, 2025
UPPAbaby Moves To Toss Suit Claiming Car Seat Defects
The maker of UPPAbaby infant products urged a New Jersey federal judge on Thursday to toss a grandmother's proposed class action alleging that three of its infant car seat models are defective, saying the suit "piggybacks" on some parents' grievances about their children's discomfort.
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December 12, 2025
J&J Hit With $40M Verdict In Bellwether Talc Trial In LA
A Los Angeles jury on Friday hit Johnson & Johnson with a $40 million verdict after a month-long bellwether trial, finding its talc products were a substantial factor in causing two women's ovarian cancer but declining to award punitive damages against J&J, which is facing thousands of talc claims nationwide.
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December 12, 2025
Starbucks Defends Ex-CFO In Investors' 'Triple Shot' Suit
Starbucks Corp. is fighting shareholders' effort to reinstate claims against its former chief financial officer in a lawsuit they brought over the company's "Triple Shot" reinvention plan, arguing that a judge in Seattle correctly dismissed claims against the onetime executive.
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December 12, 2025
NC Supreme Court Clarifies Tax On Prepaid Wireless
A North Carolina cellphone retailer for Boost Mobile products is responsible for tax on prepaid wireless calling services, the state's highest court ruled Friday, though finding that when those services changed to take the form of cards with stored value, tax liability shifted to Boost.
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Zappos Hit With Wiretapping Suit Over Meta Info Disclosure
A customer of online shoe and apparel retailer Zappos.com sued the company claiming it allowed Meta to eavesdrop on customer activity despite representing that their information was being safeguarded.
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December 12, 2025
Exec Says Netflix Used Vax Status As Cover For Biased Firing
Netflix fired a production executive for refusing to get a COVID-19 vaccine out of retaliation for her complaints that the company mocked the religious beliefs of the unvaccinated and pushed a sexually charged company culture, according to a bias suit the former employee filed in California state court.
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December 12, 2025
Cayuga Nation RICO Win Overshadowed By Pot Shop Verdict
The Cayuga Nation suffered a partial loss Thursday when a New York federal jury essentially sided with a tribal citizen and his partner, who were operating an illicit smoke shop, finding that although the business owners did violate RICO, the damages they incurred due to a tribal police seizure were far worse.
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December 12, 2025
Tool Co. Misclassifies Calif. Workers As Contractors, Suit Says
An Ohio-based tool company stiffs its California dealers on pay by misclassifying them as independent contractors and is threatening to force workers to arbitrate their claims in Ohio, according to a proposed class action filed in California federal court.
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December 12, 2025
Goldberg Segalla Adds Hospitality Pro In Orlando
Goldberg Segalla LLP picked up a new special counsel for its retail and hospitality group in Orlando from Pozo-Diaz & Pozo PA.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 11, 2025
NLRB Judge Tosses Case Against 'Memphis 7' Starbucks
An administrative law judge has determined that Starbucks didn't violate the National Labor Relations Act when it surveilled employees' union activities, more strictly enforced its punctuality policy and disciplined a union employee at a store that illegally fired seven activists in 2022.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
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December 11, 2025
LA Bellwether Jury To Decide If J&J Hid Talc Risk For Decades
An attorney for one of two women who claim Johnson & Johnson's talcum products caused their ovarian cancer told a California jury Thursday in a bellwether trial's closing arguments that the company hid the health risks of talc for decades, while the company's attorney insisted the science is on their side.
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December 11, 2025
Ex-Abercrombie CEO Headed For Competency Hearing
A New York federal judge said Thursday she will hold a competency hearing for former Abercrombie & Fitch Co. CEO Michael Jeffries to see whether he can stand trial on sex trafficking charges, following recent findings that he's overcome his earlier incompetency.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
5th Circ. Weighs Constitutionality Of Gun Dealer Licensing Law
A Fifth Circuit panel seemed dubious Thursday of a gun dealer's claim that licensing requirements imposed on firearm merchants run afoul of the Second Amendment, asking if the dealer was arguing that the federal government cannot regulate gun sellers.
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December 11, 2025
Del. Court Mulls Mootness Fee Options In Bolt Suit Settlement
A Delaware vice chancellor indicated Thursday that he was leaning toward awarding 10% to 15% of the benefit secured by attorneys who battled for cancellation of $37.5 million in Bolt Financial Group stock used by company controller Ryan Breslow to secure a later defaulted-upon personal loan.
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December 11, 2025
Split Pa. Panel Blocks Police Reports On Liquor Licensee
A trial court was wrong to deny a Philadelphia establishment's appeal for renewal of its liquor license, since nearly a dozen police reports the court considered should have been excluded as hearsay, a split appellate panel said Thursday.
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December 11, 2025
Agri Stats Says DOJ Wants To 'Leapfrog' Pork Pricing Claims
Agri Stats urged a Minnesota federal court to reject the Justice Department's bid to "leapfrog" a set of private antitrust cases involving pork prices by using a scheduled May trial for its information sharing claims against the data firm instead.
Expert Analysis
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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IPO Suit Reinforces Strict Section 11 Tracing Requirement
A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.