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Retail & E-Commerce
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November 10, 2025
Visa, Mastercard Cut New Deal Worth 'Well More Than $200B'
Visa, Mastercard and a class of potentially millions of merchants announced a new settlement Monday resolving two decades of antitrust litigation, which would permit more flexibility on what cards are accepted and would lower fees — with a five-year cap — to address a New York federal judge's concerns that an earlier version wasn't enough.
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November 10, 2025
Del. Justices Reject Bid To Revive Amazon-Blue Origin Suit
Delaware's Supreme Court has declined to revive a suit that was dismissed by the Court of Chancery that accused Amazon founder Jeff Bezos and the company's board of directors of "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
Munchkin's $8M Trial Damages Bid A 'Double Dip,' Rival Says
Baby product maker TOMY International argued Friday that an Illinois federal judge shouldn't allow Munchkin Inc. to "double dip" and get more than $8 million in enhanced damages after jurors found TOMY infringed two patents for a spill-proof cup, saying its conduct was not egregious enough to justify it and that its competitor wants duplicative damages stemming from the same acts of infringement.
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November 10, 2025
Pot Shop Bombards People With Promo Texts, TCPA Suit Says
A Southern California cannabis dispensary was hit with a proposed class action in federal court Friday alleging it violated the Telephone Consumer Protection Act by sending unsolicited telemarketing messages to individuals to promote its services, despite the fact their numbers have been placed on the national Do Not Call registry.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 07, 2025
Smoke Shop Sanctioned Tossing Sale Docs In NY Tribal Row
After destroying sales records daily over the course of three years, the retailers accused by the Cayuga Nation of running an unauthorized cannabis shop will face sanctions, a New York federal judge ruled, calling their behavior "grossly negligent and likely willful."
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
DOJ Starts Price-Fix Probe Of Meatpackers Amid Trump Posts
The U.S. Department of Justice announced an investigation into alleged price-fixing by meatpacking companies, following social media posts by President Trump accusing "Majority Foreign Meat Packers" of colluding to drive up prices.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Insurers Say La. Mall Owner Is Trying To Derail Arbitration
A group of insurers led by Lloyd's of London underwriters has urged a New York federal court to appoint an umpire in an arbitration proceeding over coverage for a Louisiana mall damaged in a 2021 hurricane, accusing the mall owner of trying to derail the arbitration.
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November 07, 2025
Canadian Co. Blocked From Using 'Deep Cleansing Oil' Brand
A Pennsylvania federal judge has permanently blocked a Canadian skincare company from infringing a competitor's trademark for "Deep Cleansing Oil," after it failed to respond to the case.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
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November 07, 2025
Insurer Escapes Gas Station Row Over Shooting By Employee
A gas company's insurer owed no coverage for a suit brought by a customer who was attacked and shot by an employee, an Indiana federal court ruled, saying the suit was not an occurrence under the policy.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
USPTO Extends Deadline For PTAB Institution Rules Feedback
The U.S. Patent and Trademark Office has provided a 15-day extension for giving feedback on proposed rules that will likely reduce the institution of certain patent challenges at the Patent Trial and Appeal Board, with Director John Squires saying "now's the time" to finalize rulemaking on discretionary denial issues.
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November 07, 2025
Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label
D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.
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November 07, 2025
Judge Denies Injunction Bid In Baby Carrier TM Fight
A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.
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November 07, 2025
3 Firms Guide Dubai Hookah Maker's $1.75B SPAC Merger
Three law firms are guiding Dubai hookah brand owner AIR Ltd. on its agreement to go public in the U.S. through a $1.75 billion deal with blank-check firm Cantor Equity Partners III, the companies said on Friday.
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November 07, 2025
Beauty Co. Says Ex-Exec's $40M Claim 'Implausible'
The former president of a Connecticut beauty brand that L'Oréal bought for around $1 billion has made an "implausible" claim that she is owed $40 million from the sale based on an alleged verbal contract, the company said in opposing her application for a prejudgment remedy.
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November 07, 2025
Fed. Circ. Wary Of Reviving Express Mobile's $40M Win
Express Mobile Inc. didn't appear to persuade a panel of the Federal Circuit Friday that a Delaware federal judge erred in overruling a jury's $40 million infringement verdict against Shopify Inc. based on concerns about expert testimony.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
Papa John's CEO Addresses 'M&A Rumors' In Q3 Call
Days after private equity giant Apollo was said to have pulled a roughly $2.1 billion offer to purchase Papa John's, CEO Todd Penegor said Friday that the pizza chain would "fully consider" future strategic alternatives.
Expert Analysis
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Franchise Group Dispute Reflects Rising Intercreditor Suits
A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.