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Retail & E-Commerce
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
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May 12, 2025
New York Medical Cannabis Industry Wary Of $15M Fee
The large, vertically integrated companies that make up the Empire State's medical cannabis trade said Monday that Gov. Kathy Hochul's proposal to levy $15 million fees on dispensaries seeking to enter the recreational market would "doom" the industry.
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May 12, 2025
Forever 21 Says No Buyer In Sight, Liquidation Expected
A Delaware bankruptcy judge on Monday gave Forever 21 permission to send its Chapter 11 plan out for a creditor vote after the fast-fashion retailer said it had not found a going-concern buyer and will likely be liquidating its remaining assets.
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May 12, 2025
NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal
A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.
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May 09, 2025
FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'
The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.
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May 09, 2025
Investor Claims PE Firm Filed False Financial Statements
A private equity firm and several of its executives were hit with a proposed class action in California federal court Friday alleging the firm filed several false and misleading financial statements with the U.S. Securities and Exchange Commission, causing the firm's stock price to drop when they could no longer be relied upon.
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May 09, 2025
Judge Won't Undo TTAB's Ax Of General Cigar 'Cohiba' TMs
A Virginia federal judge has refused to undo a Trademark Trial and Appeal Board decision granting state-owned tobacco company Cubatabaco's request to cancel U.S.-based General Cigar Co.'s trademark registrations on the term "Cohiba" for cigars.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
Google AI Fixes Are About Tomorrow, DOJ Tells Judge
The U.S. Department of Justice closed out a D.C. federal court trial seeking to force Google to sell the Chrome browser and prop up rival search engines, with expert testimony arguing Friday that the proposed search monopolization remedies should include artificial intelligence, regardless of what generative AI is like today.
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May 09, 2025
TTAB Shoots Down Attempt To Register 'Cuadra' Alcohol Mark
A Mexican shoe and apparel brand has lost its bid to register the mark "Cuadra" for certain types of alcoholic beverages, with the Trademark Trial and Appeal Board finding the company didn't show it actually planned to use the mark for its intended purpose.
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May 09, 2025
Pot Co. Says City Broke Law With Application Scoring Delay
A would-be dispensary is urging a California federal court not to dismiss its amended complaint alleging the city of Chula Vista and its city manager failed to properly score and review its application for a cannabis license, arguing that they were required to do so by law and that it was not a discretionary act for which they have immunity.
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May 09, 2025
Auto Parts Mogul Challenges Order To Pay Alter Domus $127M
An auto parts manufacturer accused of failing to make good on a credit agreement urged a Michigan federal judge to undo a 2021 ruling ordering him to pay $127 million to Alter Domus, saying the administrative agent admitted it did not have a financial stake in the case.
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May 09, 2025
Houston Texans Ask Court To Toss TicketMatrix Patent Suit
The Houston Texans are asking a federal judge to toss a patent infringement suit brought by a ticketing service, arguing that the patent-at-issue is directed toward an "abstract idea" that isn't eligible for a patent.
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May 09, 2025
Renewable Energy SPAC Taps Surging Market For $150M
EGH Acquisition Corp., a special purpose acquisition company targeting energy transition businesses, began trading Friday after raising a $150 million initial public offering, while another SPAC joined the pipeline as new filings continue to rise.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Vaping Co. Reaches Deal In Infringement Suit Against Rival
Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.
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May 09, 2025
Conn. Man Charged With $3M Amazon Logistics Scheme
A Connecticut man has been charged with bilking $3 million from Amazon.com Inc. by using trucking companies' names without their knowledge and submitting fraudulent invoices for services that never occurred, federal officials announced Friday.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nestle Sued Over Sugar In 'Natural' San Pellegrino Drinks
Nestle USA is misleadingly and unlawfully touting its San Pellegrino sparkling fruit beverages as healthy and "natural" despite the carbonated drinks containing up to 26 grams of added sugar per can, according to a proposed class action filed in California federal court by two Golden State consumers.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Former Executive Of Car Dealer Group Can't Duck FTC Suit
An Illinois federal judge has refused to toss a lawsuit brought by the Federal Trade Commission and the state of Illinois over claims that a former executive of a car dealership group oversaw deceptive trade practices that defrauded thousands of customers, saying he was unconvinced by the "underdeveloped and scattershot" arguments for dismissal.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Taxation With Representation: Paul Weiss, Weil, V&E, Torys
In this week's Taxation With Representation, 3G Capital takes Skechers private, Sunoco LP buys Parkland Corp., and BCE Inc. and the Public Sector Pension Investment Board launch a wholesale network provider called Network FiberCo.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
CEO Stole Funds To Fuel 'Gambling Habit', Investor Says
An investor in a cybersecurity company has claimed in a new suit that the company's CEO defrauded the investor out of more than $2.8 million through falsified budgets and other means, all to support a "lavish" lifestyle and "severe gambling habit."
Expert Analysis
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.