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Retail & E-Commerce
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
Libertarian Orgs. Tell Justices Cannabis Ban Is Outdated
A pair of libertarian advocacy groups have filed friend-of-the-court briefs urging the U.S. Supreme Court to hear a case challenging the federal prohibition on marijuana, arguing that a 20-year-old precedent wrongly expanded Congress' power to regulate intrastate commerce.
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December 01, 2025
Chewy Can't Strike Negligence Claim In Tripping Death Suit
A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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November 26, 2025
Huggies' 'Hypoallergenic' Diapers Cause Rashes, Suit Says
A "secret reformulation" of disposable Huggies children's diapers is causing severe skin reactions, a proposed class action filed in New York federal court has alleged, claiming that manufacturing giant Kimberly-Clark is still marketing the product as "hypoallergenic" despite pleas for a recall on the Huggies website.
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November 26, 2025
Amazon Gets NY's NLRB Fill-In Law Blocked For Now
A New York federal judge issued a preliminary injunction blocking a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, ruling that Amazon is likely to prevail in its challenge of the measure.
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November 26, 2025
Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary
California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches.
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November 26, 2025
Bergdorf Goodman Exec Is Sued To Stop Move To Nordstrom
Saks Global has filed suit in Texas federal court seeking to stop a "high-visibility executive" who recently resigned from its Bergdorf Goodman subsidiary from joining Nordstrom Inc., accusing the former executive of breaching noncompete obligations and improperly retaining trade secrets she allegedly downloaded before resigning.
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November 26, 2025
Justices Urged To Mull 9th Circ. OK Of NLRB Order On Macy's
The Ninth Circuit defied U.S. Supreme Court precedent and opened a circuit split when it upheld a National Labor Relations Board order making Macy's rehire striking workers and dole out novel remedies covering workers' losses, the company argued in a bid for the high court's review.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Ill. Judge Trims DraftKings Sports Betting Promos Suit
An Illinois federal judge refused to dismiss outright a proposed class action claiming that DraftKings's advertisements fuel gambling addiction, but trimmed a few claims from the suit, finding several of the lead plaintiffs failed to specify when they saw the ads in question.
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November 26, 2025
Tube Maker's Board Says CEO Funneled Profits To Sons' Co.
The special committee of the nation's largest squeezable tube manufacturer's board has sued the company's CEO and his two sons in Delaware Chancery Court, alleging they siphoned off corporate profits through a self-dealing arrangement that steered label-supply business to a family-owned business at inflated prices.
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November 26, 2025
Honeywell Faces New Tariffs After Trade Court Reverses
Honeywell will face 7% duties on various imports after a trade court granted the government's motion for a rehearing and reversed a ruling that supported the company's tariff classifications, according to a recent U.S. Court of International Trade opinion.
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November 26, 2025
Mo. County Can't Impose Additional Tax On Cannabis
A Missouri county cannot impose an additional 3% excise tax on cannabis sales in its incorporated areas because it's not the prevailing taxing authority under state cannabis laws, the state Court of Appeals ruled.
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November 25, 2025
Lowe's To Pay $12.5M To Settle Lead Safety Allegations
Lowe's will pay $12.5 million as part of a proposed settlement resolving the federal government's claims that its contractors failed to follow certain requirements to minimize lead exposure when renovating older homes, the U.S. Department of Justice and U.S. Environmental Protection Agency announced Tuesday.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
Judge Gives Conditional OK To American Signature DIP Plan
A Delaware bankruptcy judge said Tuesday that she will approve home furnishing retailer American Signature Furniture's bid for interim approval of post-petition financing, after giving a mixed response to objections from the Office of the U.S. Trustee.
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November 25, 2025
TextNow Accuses NC Rival Of Exploiting Its Trademark
Canadian text and calling service company TextNow Inc. accused a U.S. competitor of willfully infringing on its lucrative trademarks via websites, advertising and a mobile app, according to a lawsuit filed in North Carolina federal court.
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November 25, 2025
Nicklaus Golf Co. Gets OK For $10M Ch. 11 Loan
A Delaware bankruptcy judge Tuesday gave sporting gear and golf course design company Nicklaus Cos. permission to tap $10 million in Chapter 11 financing, even though counsel for founder and pro golf legend Jack Nicklaus said he was disputing the bulk of the company's debts.
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November 25, 2025
DoorDash Gets Ameranth's Menu Patent Axed By Alice
A Delaware federal judge has dismissed a case brought by Ameranth Inc. against DoorDash Inc. claiming infringement of its online-ordering patent, saying it merely describes an abstract idea that is not eligible for a patent.
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November 25, 2025
Live Nation Trims But Can't Shake Off Taylor Swift Fans' Suit
A California federal judge has tossed for good negligence and fraud claims from a lawsuit by hundreds of Taylor Swift fans who allege Live Nation Entertainment Inc. and Ticketmaster LLC's anticompetitive conduct caused the Eras tour ticket sale "disaster," but kept alive breach of contract and antitrust claims.
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November 25, 2025
DOJ Fights Bid To Nix Agri Stats Antitrust Case Ahead Of Trial
The U.S. Department of Justice told a Minnesota federal court that Agri Stats has been helping chicken, pork and turkey producers exchange sensitive information for decades, as government enforcers opposed the company's bid to end their information-sharing case ahead of trial.
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November 25, 2025
US Gov't Urges Justices To Bid Adieu To 'Vetements' TM Case
The U.S. government has urged the U.S. Supreme Court to reject a request from Swiss fashion house Vetements Group AG to register for a trademark on the term "Vetements," a French word for "clothes," saying the doctrine of foreign equivalents in trademark law prevents common words in other widely spoken languages from serving as trademarks.
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November 25, 2025
Legal Challenge To EEOC Disparate Impact Pivot Tossed Out
A D.C. federal judge on Tuesday threw out a suit from a former Amazon delivery driver who accused the U.S. Equal Employment Opportunity Commission of unlawfully refusing to investigate charges premised on a disparate impact theory, finding the worker didn't have standing to bring the case.
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November 25, 2025
Baby Vaseline Not Hypoallergenic As Claimed, Suit Says
Buyers of Vaseline petroleum jelly are suing the maker in New Jersey federal court, saying the "hypoallergenic" product's fragrance chemicals are allergens.
Expert Analysis
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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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.