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Retail & E-Commerce
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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.
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October 21, 2025
J&J Appeals $25M Loss In Conn. Builder's Asbestos Case
Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.
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October 20, 2025
SpaceX Settles Cards Against Humanity's $15M Trespass Suit
SpaceX and Cards Against Humanity have settled the Chicago-based game company's $15 million suit accusing SpaceX of trespassing and dumping trash and machinery on a once-pristine Texas property that Cards Against Humanity purchased to block President Donald Trump's U.S.-Mexico border wall.
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October 20, 2025
Campbell's Hit With $17M Verdict In Store Rack Patent Case
An Illinois federal jury has returned a $17 million verdict against soup maker Campbell's in litigation over patents covering gravity-operated racks found in grocery aisles, according to a judgment docketed Monday.
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October 20, 2025
Calif. Credit Cardholders Can't Get Swipe Fee Case Do-Over
A New York federal judge who was recently assigned to a putative interchange fee class action lawsuit from California cardholders against Visa, Mastercard and major banks in long-running multidistrict litigation has denied their motion for reconsideration of another judge's reconsideration denial.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Vape Co. Can't Resume Selling 'Breeze' Products
A New Jersey hookah and vape company suffered two setbacks in its legal battle over the "Breeze" trademark, with a Michigan federal judge refusing to lift a court order blocking it from using the mark and throwing out its counterclaims against the rival who initiated the litigation.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
Lord & Taylor Hit With $1.3M Judgment In Gucci IP Case
Gucci has won a $1.3 million judgment in a suit accusing retailer Lord & Taylor of selling counterfeit handbags designed to look like Gucci's bags without permission.
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October 20, 2025
Mission Foods Says 2 Tortilla Cos. Ripped Off Its Branding
Mission Foods' parent company has filed a trademark infringement lawsuit in California federal court, accusing two companies in the Golden State and Texas of ripping off its Mission name and logo when selling tortillas online and through the messaging application WhatsApp.
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October 20, 2025
Emergency Tariffs Unlawfully Unprecedented, Justices Told
The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Court Tosses Constitutional Challenge To Md. Pot Licensure
A Maryland federal judge on Monday dismissed a cannabis entrepreneur's constitutional challenge to the state's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause does not apply to cannabis.
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October 20, 2025
Trade Court OKs Gov't Nixing Duties On Chinese Tile
The U.S. Department of Commerce correctly found composite tile from China outside the scope of duties ordered on imported ceramic tile after twice failing to support its determination with sufficient evidence, according to an opinion issued by the U.S. Court of International Trade on Monday.
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October 20, 2025
Bridal Shop Says Insurer Can't Avoid Fire Coverage Suit
A bridal shop that won a $38 million judgment against a contractor following a fire at a neighboring property told a New York federal court that the contractor's insurer can't hide behind a default judgment it obtained against its policyholder in a prior suit to avoid the shop's coverage action.
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
Fragrance Co. Cuts $26M 'Icebreaker' Deal In Price-Fixing Suit
A proposed class of direct purchasers asked a New Jersey federal judge Friday to preliminarily sign off on International Flavors and Fragrances Inc.'s $26 million settlement, the first "icebreaker" deal cut in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.
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October 17, 2025
Audible Users Blocked From Using Calif. Law In Privacy Row
A pair of Audible customers can't sustain claims that the audiobook provider violated California's wiretap law on allegations it shared their browsing and listening activities with Meta Platforms Inc. because they agreed to litigate any disputes under Washington law when they signed up for the service, a federal judge in Seattle held in tossing the proposed class action for now.
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October 17, 2025
Altria, Juul May Face Certified 'Frankenstein' Antitrust Class
A California federal judge indicated on Friday that he will likely certify classes of direct and indirect purchasers accusing e-cigarette makers Juul and ex-rival Altria of violating antitrust laws by conspiring to reduce product variety on the market, although Altria's lawyer urged the judge to reconsider and avoid a "Frankeinstein" for damage calculations.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.