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Retail & E-Commerce
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August 26, 2025
Google Exec. Disputes '30 Stories' Of Data Claim At Trial
A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Adam & Eve Beats Google Tracking Privacy Suit, For Now
A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.
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August 26, 2025
Five Below Beats Some Investor Claims On Growth Potential
A Pennsylvania federal judge has trimmed some claims from a shareholder suit accusing discount retailer Five Below and its executives of overstating the company's growth prospects and its ability to curb inventory loss, finding some of the suit's challenged statements to be inactionable, among other things.
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August 26, 2025
DC Seeks Toss Of Challenge To Cannabinoid Rule
There is nothing unconstitutional about the District of Columbia's laws which lump delta-9 THC into same category as marijuana and mandates all sellers to obtain a medical cannabis license, the city told a federal court, urging it to dismiss a lawsuit seeking to upend the city statutes filed by a hemp retailer whose shop was shut down.
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August 26, 2025
Meta Fired Worker For Being Older White Male, Bias Suit Says
A former Meta Platforms Inc. employee filed an age bias suit in California state court Tuesday, alleging the company prioritized non-white, non-male workers and applicants for job opportunities, bonuses and promotions, before it eventually executed a "reduction in force" that disparately affected older workers who ended up being terminated.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Pot Co. Can't Escape Rolling Paper Co.'s 'Juicy' TM Suit
A Colorado federal judge rejected a cannabis company's motion to dismiss Tuesday after finding unconvincing the company's claims that it's allowed to sell cannabis products which use the "Juicy" and "Raw" trademarks owned by a tobacco company because of an inability for anyone to file federal trademarks for either brand relating to marijuana products.
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August 26, 2025
Joy Dish Soap Maker Scrubs $12M Suit Against Conn. PE Firm
The Michigan company that formerly manufactured Joy Dish Soap is scrubbing two of its lawsuits against a Connecticut private equity firm, Piney Lake Capital Management LP, that claimed the latter soiled a deal to produce the soap after purchasing the brand from Procter & Gamble.
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August 26, 2025
Hemp Interests Say Conn. Policy Inconsistent With Federal Law
A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Skechers Investor Sues For Docs In $9.4B Take-Private Deal
Skechers faces a lawsuit in Delaware's Court of Chancery from a company stockholder seeking access to corporate records over concerns that 3G Capital's $9.4 billion deal to take the footwear giant private would unfairly give Skechers' founders a "substantial equity stake" and continued leadership roles in the surviving company.
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
Netflix Flight Attendant Says Harassment Report Led To Firing
A former flight attendant for Netflix's private air fleet accused the streaming company of withholding her raise and eventually firing her after she reported several instances of sexual harassment, including one involving a pilot's sexually explicit Christmas cards.
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August 26, 2025
MAC's Live Video Try-On Tech Violates BIPA, Customer Says
A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.
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August 26, 2025
Wonderland Gets ITC To Eye Car Seat Imports Over Patents
The U.S. International Trade Commission said it will look into allegations that a U.S. arm of children's products maker Dorel Industries and a series of Chinese companies flouted federal law by importing car seats that Wonderland Switzerland AG said infringed its patents.
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August 26, 2025
Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared
Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.
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August 26, 2025
Crocs Miscalculated Employees' Overtime, Worker Claims
Shoe company Crocs miscalculated employees' overtime by leaving shift differentials and bonuses out of employees' regular rate of pay, a former equipment operator alleged in a proposed collective action that he said could include thousands of workers.
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August 26, 2025
Fed. Circ. Faults Tribunal Over F-Word TM Denial
A split Federal Circuit panel on Tuesday vacated a trademark tribunal's refusal to register the F-word, saying in a precedential opinion that the decision below lacked sufficient clarity regarding why some commonplace words can function as trademarks while others cannot.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
Rite Aid, Lease Buyer Hit Back At Landlord's Sale Objection
Bankrupt drugstore chain Rite Aid and the discount clothing retailer Ross Dress For Less are pushing back against a landlord who objected to the debtor's sale of 18 store leases to Ross, saying the planned sale is in Rite Aid's best interest.
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August 25, 2025
Kraft Sued Over Oscar Mayer Turkey Bacon Listeria Recall
A Kraft Heinz customer has filed a proposed class action in Florida federal court amid the company's recent recall of more than 367,000 pounds of Oscar Mayer brand of turkey bacon due to possible listeria contamination, claiming the company failed to disclose on its packaging that the products may be contaminated.
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August 25, 2025
Kong Toy Co. Owners Clash Over Alleged Deal Violations
Five attorneys traded accusations of secret power plays and cash grabs Monday at the start of the bench trial in Colorado state court between the co-owners of the dog toy maker Kong Co. LLC.
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August 25, 2025
Fla. Vaping Cos. Say Ex-Manager Stole $20M
Two Florida-based vaping companies filed suit Friday against their former manager, who allegedly robbed the businesses of more than $20 million by using them as his "personal piggy bank," diverting revenue streams to himself and bankrolling his friends' ventures with company money.
Expert Analysis
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.