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Retail & E-Commerce
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May 02, 2025
Dick's Sporting Goods Execs Sued Over Post-COVID Issues
The top brass of Dick's Sporting Goods was hit with a shareholder derivative suit Friday alleging that the company failed to disclose excess inventory and increased shrinkage or theft following the COVID-19 pandemic, which caused Dick's stock price to drop by more than 24% once the truth was revealed.
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May 02, 2025
Epic Says Google, Samsung Can't Ignore Its Earlier Jury Win
In its litigation claiming that Samsung colluded with Google to dodge a Play Store court order, Epic Games has pressed a California federal court to adopt the jury findings from a similar case it won against Google, arguing that there is "little to be gained from relitigating these issues."
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May 02, 2025
TD Bank Must Face Suit Over Name Used To Collect On Debt
Credit card issuer TD Bank NA can't nix a proposed class action alleging it violated West Virginia consumer credit laws prohibiting entities from using different names when collecting debt, after a federal judge said Friday it sought to collect under "Samsung Financing" and "TD Retail Card Services," neither of which is its true name.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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May 02, 2025
Texas City Backs Exxon In Recycling Defamation Suit
The city of Beaumont, Texas, sided with Exxon in its defamation lawsuit against California's attorney general and a coalition of conservation groups, telling a court the company's advanced recycling program provided needed innovation for coastal communities.
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May 02, 2025
Pot Co. Drops Challenge To Mich. City's Licensing Scheme
A would-be Michigan dispensary has dropped its suit alleging that the city of Auburn Hills violated a voter-approved ordinance by awarding a cannabis license to a company it had previously said didn't fit the criteria for one.
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May 02, 2025
Ad Tech Judge Mulls Possible Google Exchange Divestiture
A Virginia federal judge expressed interest Friday in potentially forcing Google to divest a key piece of its advertising placement technology business, while voicing reservations with a U.S. Department of Justice proposal to also force another sale to address the search giant's ad tech monopoly.
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May 02, 2025
Musk Can Pursue Most Claims Against OpenAI, Microsoft
Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.
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May 02, 2025
Trade War Spurs Companies To Freshen Disclosure Playbooks
Against the backdrop of a protracted trade war that has rattled investors, companies are honing their securities filings and public communications strategies, posing fresh challenges for corporations and their lawyers, who are otherwise accustomed to navigating global disruptions.
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May 02, 2025
Florida Runners' Website Ordered To Comply With ADA
A Florida federal judge has instructed a website for runners to accommodate customers with disabilities by bringing the site into compliance, after a visually impaired man sued the website's operator alleging it violated the Americans with Disabilities Act.
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May 02, 2025
Helzberg's Diamond Shops Accused Of Fake Discounts
A ring buyer hit national jewelry chain Helzberg's Diamond Shops LLC with a proposed class action alleging that the company frequently runs sales to the point where the claimed original list prices are no longer the actual regular prices, violating consumer protection statutes.
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
Shopify GC's Pay Jumped To $13.4M In 2024
Shopify's top attorney, who previously worked in the Biden administration and at Jenner & Block LLP, saw her compensation reach $13.4 million last year, in a $4.55 million increase compared to 2023, according to a recent securities filing.
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May 02, 2025
Warner Music Sues DSW Alleging Unauthorized Song Use
A group of music recording companies under the Warner Music Group banner hit DSW with a copyright infringement lawsuit in Ohio federal court, accusing the shoe retailer of using the labels' music in social media marketing videos without permission.
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May 01, 2025
Unlockd Tells 9th Circ. Google Harms Ad Market Competition
A defunct advertising app that alleged Google's decision to boot it from the Google Play Store harmed market competition for digital advertising asked the Ninth Circuit to reinstate its claims, arguing Wednesday the lower court wrongly concluded that eliminating a "nascent competitor" in a large market didn't rise to antitrust injury.
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May 01, 2025
Judge Told Data Would Let Rivals Mimic Google Search
An academic testifying for Google on Thursday told a D.C. federal court that the data sharing provisions being proposed as a fix in the search monopolization case would allow rivals to reverse engineer Google search and if not match the results, at least mimic them.
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May 01, 2025
5 Fed. Circ. Clashes To Watch This Month
The Federal Circuit's argument calendar for May includes appeals of two nine-figure patent verdicts — one against Apple and one against Medtronic — and Roku's bid to revive its remote control patent suit at the U.S. International Trade Commission after a loss tied to the commission's domestic industry requirement.
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May 01, 2025
Smoke Shop Must Pay $4.9M For Conn. Cannabis Sales
A Connecticut smoke shop and its owner must pay a record-breaking $4.93 million civil penalty after they illegally sold cannabis despite repeated inspections and product seizures, and continued to do so in spite of a court order, the state's attorney general said Thursday.
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May 01, 2025
McDonald's Agrees To Drop Price-Fixing Suit Against Cargill
McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms
Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.
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May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot
A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.
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May 01, 2025
Huffy Sued Over Rideable Tonka Truck Fire Hazard Recall
Consumers have sued electric bike and scooter maker Huffy Corp., claiming they overpaid for Tonka dump trucks for children to ride in that could cause burns or fires due to defective parts that allow the vehicle to overheat.
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May 01, 2025
Hair, Makeup, Legal: The Lawyering Behind The Met Gala
While the red carpet arrivals of the biggest names in the entertainment industry are sure to win the most attention at the Met Gala on Monday, attorneys also play a significant role in advising the brands and celebrities at the center of fashion's biggest night.
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May 01, 2025
Collectibles Site Accuses Auction Platform Of Fraudulent Bids
A sports collectibles auction platform used fake bidders to artificially inflate the price of its items, including cards of icons Patrick Mahomes and Kobe Bryant, and scam buyers out of millions of dollars, according to a suit filed in New York state court.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.