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Retail & E-Commerce
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June 17, 2025
Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit
Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.
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June 17, 2025
Hemp Interests Urge Court To Halt Md. Licensing Policy
A group of Maryland hemp interests is urging a federal court to halt enforcement of a state policy which would require retailers to obtain recreational cannabis licenses to buy and sell hemp products, which they say is impossible to do.
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June 17, 2025
Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal
A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
Meta Can't Nix FTC's Lead Econ Expert From Antitrust Trial
A D.C. federal judge on Tuesday refused to exclude testimony by the Federal Trade Commission's lead economics expert during an antitrust trial over Meta's acquisitions of WhatsApp and Instagram, finding Meta already had the chance to question if he was biased and that it wouldn't improperly influence a jury since it's a bench trial.
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June 17, 2025
Hyundai Dealership Sues Snell & Wilmer Over 'Botched' Filing
A Los Angeles Hyundai dealership has hit Snell & Wilmer with a professional negligence lawsuit in California state court, accusing the firm and three attorneys of lying about an allegedly obviously "botched" arbitration motion in underlying litigation and then pursuing a meritless appeal costing Hyundai over $725,000 in unwarranted fees.
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
School's Out: 8 Summer Reading Picks For IP Attorneys
For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
Sam's Club $310M Tobacco Tax Bill OK'd By Ill. Appeals Panel
A Sam's Club outlet in Illinois was correctly assessed $310 million for its failure to pay county tobacco taxes on cigarettes it sold to out-of-county retailers, a state appeals panel said in a judgment, reversing a circuit court decision.
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June 17, 2025
PepsiCo Makes Workers Undercount Hours, PAGA Suit Says
PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.
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June 17, 2025
Chicago Smoke Shop Fights License Ban Near Midway Airport
A Chicago smoke shop on Monday sued the city over a new ordinance banning the sale of and possession of cannabinoid hemp products, saying an additional clause blocking tobacco licenses in a neighborhood near the Chicago Midway International Airport goes too far.
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June 16, 2025
Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case
Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.
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June 16, 2025
Smoke Shop Fights 2nd Shutdown By NY Cannabis Agency
A western New York smoke shop, shut down for allegedly selling cannabis without a license, is urging a state court to override a decision by the Office of Cannabis Management to close the shop months after it was allowed to reopen, arguing that the agency violated state law by not giving the business a chance to challenge the second closure.
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June 16, 2025
Bank Groups Will Join In On Fed's Debit-Card Swipe Fee Fight
Two banking industry groups received a North Dakota federal judge's permission Monday to present the perspective of banks when he holds a key hearing next month to mull a retailer-backed legal challenge to the Federal Reserve's limits on debit-card swipe fees.
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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.
Expert Analysis
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.