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Retail & E-Commerce
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June 16, 2025
MyPillow CEO Hit With $2.3M Verdict In Colo. Defamation Trial
A Colorado federal jury on Monday found MyPillow CEO Mike Lindell and one of his companies liable for more than $2 million in damages in a defamation case accusing him of amplifying false claims that a former Dominion Voting Systems executive rigged the 2020 election against Donald Trump.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Judge's Halt On Counterfeit Suits Has Brands Scrambling
A Chicago federal judge has halted proceedings in dozens of lawsuits that group numerous online sellers in single complaints alleging counterfeiting, highlighting a widening skepticism over the litigation strategy in the judicial district where most of the so-called Schedule A cases are filed in the U.S.
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June 16, 2025
Apple Can't Duck Renewed ICloud Monopoly Suit
A California federal judge refused Monday to dismiss a proposed class action accusing Apple of maintaining a monopoly by keeping "full-service" cloud storage functionality limited to its own iCloud service while barring third-party cloud storage from accessing all files on iPhones and iPads.
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Brewer, Tequila Co. Settle 'Dragon's Milk' TM Fight
A Michigan federal judge on Monday dismissed a trademark dispute between a brewing company and a tequila company that the brewer had sued over its "Dragon's Milk" name, after the parties reached a settlement.
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June 16, 2025
Joann Seeks Ch. 11 Block For Vendors' Ohio Suit
Bankrupt fabric retailer Joann Inc. has asked a Delaware bankruptcy judge to block an Ohio state suit filed against seven top company officials by vendors who claim they were deceived into extending credit to the 80-year-old fabric retailer between its first and second retreat into Chapter 11.
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June 16, 2025
Hemp Farm Says $3.9M Seizure Suit Wasn't Filed Too Late
A California hemp farm is urging a Tennessee federal court not to throw out its suit as untimely against a Tennessee sheriff's office over $3.9 million in hemp flower the farm claimed was wrongly seized and then destroyed, saying it only learned that the hemp was illegally seized at a hearing for the hemp deliveryman months afterward.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
Weil Guides PE-Backed 365 Retail On $848M Cantaloupe Buy
Michigan-based 365 Retail Markets, a provider of self-checkout retail technology and a portfolio company of Providence Equity Partners LLC, announced Monday it will acquire Pennsylvania-based Cantaloupe Inc. in an all-cash deal valued at about $848 million.
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June 16, 2025
AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads
A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.
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June 16, 2025
Home Decor Retailer Blames Tariffs For New Ch. 11 Filing
Household furnishing retail chain At Home Group Inc. filed for Chapter 11 protection Monday with just shy of $2 billion of debt, saying recent uncertainty over tariffs worsened its highly leveraged balance sheet and drove it into bankruptcy.
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June 16, 2025
Justices Deny Challenge To Copyright's 'Discovery Rule'
The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.
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June 13, 2025
1st Amendment Shields MyPillow CEO From Claims, Jury Told
Attorneys representing MyPillow CEO Mike Lindell in his defamation trial told a Colorado federal jury on Friday that their client's words are shielded by the First Amendment, urging the eight-person panel to ignore a former Dominion Voting Systems employee's attempts to confuse them.
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June 13, 2025
AbbVie Sues Colo. Over State Discount Drug Law
AbbVie Inc. on Thursday filed suit in Colorado federal court seeking to block an incoming state law it alleges conflicts with the federal 340B drug discount program by forcing pharmaceutical manufacturers to sell drugs at steep discounts to commercial pharmacy chains like Walgreens and CVS.
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June 13, 2025
DOJ Reveals Criminal Antitrust Probe In Fragrance Market
The U.S. Department of Justice said Friday it is investigating potential price-fixing in the fragrance industry and asked a New Jersey federal judge for permission to intervene in litigation accusing fragrance giants of conspiring to reduce competition, saying it needs to protect the criminal investigation.
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June 13, 2025
Stewart Releases Flood Of Discretionary Denial Decisions
The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.
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June 13, 2025
DOJ Says Google Still Won't Turn Over Ad Tech Breakup Docs
The U.S. Department of Justice on Friday told the Virginia federal court overseeing its ad tech monopolization case against Google that the search giant is still withholding documents analyzing a potential breakup of its ad tech business despite an order last month requiring it to produce the material.
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June 13, 2025
Shein Faces Arbitration Push Over Paid Influencer Claims
The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.
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June 13, 2025
Fund Manager Reindicted In $4M Insider Trading Case
Federal prosecutors on Friday revived a $4 million insider trading case against a former Miami asset manager who previously dodged charges after a key witness backed out of testifying against him in 2022.
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June 13, 2025
FCC Urged To Clarify 'Quiet Hours' Call Restrictions
A telemarketing trade group is continuing to push the Federal Communications Commission to rule that recipients of solicitations during the commission's designated "quiet hours" cannot sue if they previously consented to getting messages.
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June 13, 2025
Taxation With Representation: Debevoise, Latham, Paul Weiss
In this week's Taxation With Representation, Brown & Brown Inc. buys Accession Risk Management Group Inc., Allison Transmission Holdings Inc. acquires Dana Inc.'s off-highway unit, Qualcomm Inc. buys Alphawave IP, and Warner Bros. Discovery announced it will split into two publicly traded companies.
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June 13, 2025
Hemp Vape Maker Wants Out Of Buyer's Delta-9 THC Suit
The maker of hemp-based electronic cigarettes under the Cake brand is asking a California federal judge to throw out a buyer's claim that the products illegally exceed federal thresholds for delta-9 THC content, saying his vague complaint doesn't meet pleading standards.
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June 12, 2025
Google Again Asks To Trim Yelp's Antitrust Suit
Google is once again asking a California federal judge to trim Yelp's case accusing it of monopolizing the local search market, arguing that the reworked complaint doesn't fix deficiencies the court pointed out in a dismissal order earlier this year.
Expert Analysis
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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.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.