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Retail & E-Commerce
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October 22, 2025
Texas Book Rating Law Struck Down As Unconstitutional
A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.
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October 22, 2025
USPTO Cuts TM Backlog Below 350K, Surpassing FY25 Goal
The U.S. Patent and Trademark Office said Wednesday it has reduced the backlog of unexamined trademark applications to under 350,000, exceeding the goal the government agency set to finish the 2025 fiscal year that concluded Sept. 30.
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October 22, 2025
Grocery Outlet Fights Investor Claims Over IT Update Woes
Grocery Outlet Holding Corp. has asked a California federal court to toss a shareholder's suit accusing it of botching the implementation of an enterprise resource planning system that allegedly caused operational disruptions and financial losses, saying the suit is based on "impermissible fraud by hindsight."
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October 22, 2025
Home Depot Passes Stewart's Threshold, But Not PTAB's
The Patent Trial and Appeal Board has rejected Home Depot's challenge to a 12-year-old content delivery patent, after the petition made it through Deputy Director Coke Morgan Stewart's high standard for reviewing older patents.
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October 22, 2025
Gutting Broadband Labels Erodes Consumer Trust, FCC Told
A pro-consumer group is warning that reducing the data disclosed on broadband "nutrition" labels will undermine consumer trust about the online services they're receiving.
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October 22, 2025
COST Urges Ky. Justices To Reject Walgreens' Tax Valuations
Kentucky's Supreme Court should reverse an appeal court's ruling finding that a local assessor correctly took above-market contract rents into consideration when valuing several Walgreen store properties, the Council on State Taxation said, because it unfairly raised their assessed values.
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October 22, 2025
3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit
The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.
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October 22, 2025
Jury Convicts Man In $200M Counterfeit Smuggling Scheme
A California federal jury has convicted a man of participating in a scheme to smuggle as much as $200 million worth of counterfeit luxury items into the U.S. through the ports of Los Angeles and Long Beach.
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October 22, 2025
Winix Air Purifier's HEPA Filter Claims Are False, Suit Says
A Winix Global customer has filed a proposed false advertising class action in Illinois federal court alleging that the company is "making a killing" selling air purifiers and replacement filters that fail to live up to claims that they can capture at least 99.97% of dust, pollen and any airborne particles.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Amazon Gets Military Leave Suit Thrown Out, For Now
A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.
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October 21, 2025
Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.
Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."
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October 21, 2025
9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'
The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.
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October 21, 2025
FTC's Holyoak Thinks US Enforcers Should Stick To US Law
Federal Trade Commission member Melissa Holyoak suggested Tuesday that the Republican-led agency is unlikely to nudge its international peers to block mergers on its behalf, as it was accused of doing previously.
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October 21, 2025
Gibson Eyes Guitar TM Retrial After $1 Win Upped To $168K
Guitar giant Gibson has asked a Texas federal judge to grant a third trial on trademark infringement claims over its iconic guitar shapes, despite getting a $1 win raised to around $168,000.
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October 21, 2025
Amazon Return Policy Suit On Hold Amid Tentative Class Deal
A Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months.
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October 21, 2025
Third Tribe Signs Deal To Open Cannabis Shops In Minnesota
Minnesota has signed a compact with the Prairie Island Indian Community to allow the federally recognized tribe to issue licenses for eight cannabis retailers outside its reservation along with licenses to grow and manufacture the plant, the third such deal the state has made with a tribe.
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October 21, 2025
UberEats Stole Pics From Nearly 2 Dozen Photogs, Suit Says
A group of nearly two dozen professional photographers slapped Uber with a copyright suit in Florida federal court Tuesday, claiming the company displayed their photos on the UberEats food delivery service platform without permission or compensation.
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October 21, 2025
Southern Glazer's Settles Online Alcohol Co. Antitrust Suit
Online alcohol marketplace Provi's lawsuit against major alcohol distributors is over after an Illinois federal judge entered judgment following the completion of a second settlement resolving claims that Southern Glazer's Wine and Spirits LLC conspired with Republic National Distributing Co. LLC to shut it out of the market.
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October 21, 2025
Watchmaker Fossil Files Ch. 15 Amid $150M UK Debt Workout
A unit of watch- and jewelry-maker Fossil Group Inc. has filed for Chapter 15 protection in Texas bankruptcy court seeking U.S. recognition of a plan proposed in the United Kingdom to restructure $150 million in debt.
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October 21, 2025
11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart
The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.
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October 21, 2025
Fed. Circ. Upholds Coca-Cola Win In Drink Dispenser IP Case
The Federal Circuit on Tuesday backed a Georgia federal court's finding that Coca-Cola's Freestyle drink dispensers do not infringe a patent on a beverage machine that can recognize users and pour customized drinks.
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October 21, 2025
Beauty Exec Wants $40M Set-Aside After $1B L'Oreal Sale
The former president of a Connecticut beauty brand that L'Oreal bought for around $1 billion wants the company to secure $40 million in case she wins her lawsuit claiming she is owed a much bigger slice of the proceeds.
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October 21, 2025
9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit
Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.