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Retail & E-Commerce
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December 03, 2025
Hagens Berman Must Give Apple, Amazon Ethics Pros Docs
Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
Amazon, Walmart Sued Over Fatal Big Rig Pileup In Wash.
The estate of a Washington man killed in a multivehicle collision is suing Amazon, Walmart and other companies, claiming they were negligent in hiring and training the commercial drivers who were involved in the fiery crash.
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December 03, 2025
Rag & Bone Gets Temporary Relief In Suit Over 'Miramar' Mark
Fashion brand Rag & Bone secured a temporary restraining order on Wednesday against an intellectual property holding company from asserting ownership over a trademark of the term "Miramar," saying Rag & Bone had shown it was likely to suffer irreparable harm without court intervention.
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December 03, 2025
Okla. Cos. Hit Simon Property Group With Antitrust Suit
A group of Oklahoma-based companies accused retail-focused real estate investment trust Simon Property Group Inc. of waging "an anticompetitive campaign" to take down their competing mixed-use project in Oklahoma City.
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December 03, 2025
Fed. Circ. Backs Axed Claims In Heart Rate Monitor Patent
The Federal Circuit on Wednesday upheld a Utah federal court's decision that claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy were invalid under the U.S. Supreme Court's Alice test.
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December 03, 2025
Party City Franchisees Want To Revamp Monopolization Case
Party City franchisees want to file an amended complaint in their case accusing the corporate retail chain of monopolizing the market before the court rules on a dismissal bid, the franchisees told a New Jersey federal court.
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December 03, 2025
GOP Expects G7 Side-By-Side Tax Deal Details This Week
The House Ways and Means Committee's top Republican expects negotiations to wrap up this week on the technical details of the agreement with the Group of Seven countries to exempt U.S. multinational corporations from the minimum-tax system, he said Wednesday.
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December 03, 2025
Nike 'Cool Compression' Case Not Exceptional, 3rd Circ. Told
Nike argued before the Third Circuit on Wednesday that its "cool compression" trademark litigation with clothing maker Lontex Corp. was not so "exceptional" that it should pay Lontex's attorney fees, which exceed $5 million, given that the trial court and Third Circuit had previously held that the Lanham Act case was a close one.
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December 03, 2025
Google Wants Justices To Pause Petition Pending Epic Deal
Google asked the U.S. Supreme Court to put its petition seeking review of the antitrust case from Epic Games over the distribution of apps on Android devices on hold while the district court considers a potential settlement.
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December 02, 2025
'Mailbox Rule' Can't Deliver Win For Marshalls, 9th Circ. Told
A former Marshalls worker told the Ninth Circuit on Tuesday that a district judge wrongly relied on the "mailbox rule" to send his employment suit to arbitration because Marshalls had mailed him an arbitration agreement, saying he never received it and California law requires that he actively agree to the deal.
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
Instacart Challenges NYC's New Grocery Delivery Regulations
Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.
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December 02, 2025
5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat
A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.
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December 02, 2025
FCC Says Telecom Must Block Walmart Impersonation Scam
The telecom that has been transmitting scam calls from bad actors claiming to be Walmart employees will be cut off from U.S. networks if it doesn't cut it out, the Federal Communications Commission has announced.
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December 02, 2025
Colo. Says Suit Over Semiauto Gun Law Is 'Premature'
Colorado officials asked a federal judge Monday to throw out a lawsuit brought against them by the state's official branch of the National Rifle Association over a new law the gun rights group says restricts ownership of certain semiautomatic firearms in violation of the Second Amendment.
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December 02, 2025
Monthly Merger Review Snapshot
The FTC urged a D.C. court to block a deal involving a new heart valve treatment, and courts rejected the commission's monopolization case over Meta's past acquisitions and the agency's challenge of a medical device coatings deal. Here, Law360 looks at the major merger review developments from November.
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December 02, 2025
5th Circ. Wary Of FDA Process Behind Rule For New Vapes
A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.
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December 02, 2025
Fox News, FedEx Ink Clawback Settlements With Guo Trustee
The trustee handling Chinese exile Miles Guo's $374 million Chapter 11 estate has asked a Connecticut bankruptcy judge to approve sealed settlements in clawback claims once totaling nearly $4 million against Fox News, FedEx, Marcum LLP and seven other entities after a mediator agreed the terms were reasonable.
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December 02, 2025
Walmart Stabbing Victim Says Mich. Store Ignored Red Flags
A man who was one of 11 people stabbed at a Traverse City Walmart this summer sued the retail giant in Michigan state court on Tuesday, alleging the company flouted its own safety policies when employees didn't flag the attacker's suspicious behavior and call police.
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December 02, 2025
'Ionization' Smoke Detectors Are Faulty, Class Claims
A proposed class of buyers is suing the makers of "ionization technology" smoke alarms, saying they have hidden the fact that they are incapable of detecting slow, smoldering fires that are more dangerous and common than the faster, flaming fires they can detect.
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December 02, 2025
CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims
CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday.
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December 02, 2025
Tribe Can't Recover Lost Profits For Pot Sales Under RICO
A New York federal judge has ruled that cannabis' federal illegality means that the Cayuga Nation cannot invoke a federal racketeering law to recover lost profits from retailers' unsanctioned cannabis sales on tribal land.
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December 01, 2025
Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets
Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
Expert Analysis
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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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.