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Retail & E-Commerce
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October 08, 2025
'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
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October 08, 2025
Exxon Retail Voting Program Green Light Inspires Other Cos.
The U.S. Securities and Exchange Commission's recent green light of Exxon Mobil Corp.'s program to enable automated proxy voting for retail investors has sparked interest among other firms exploring implementing their own such programs, as the oil and gas giant moves to counter activist groups.
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October 08, 2025
Judge OKs Amazon's Evidence Clawback In Antitrust Suits
Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.
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October 08, 2025
Federal Court Tosses Challenge To DC Cannabinoid Rule
A lawsuit seeking to upend Washington, D.C.'s statutes that placed hemp products containing delta-9 THC into same category as marijuana was dismissed on Wednesday when a federal judge ruled that a hemp retailer, who filed the suit after its shop was shut down, totally misunderstood the "2018 Farm Bill and its impact on D.C. law."
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
Judge To OK Neiman Marcus Trust's Altered Payout Scheme
A Texas bankruptcy judge said on Wednesday he would allow the liquidating trustee in reorganized debtor Neiman Marcus' bankruptcy case to make distributions to unsecured creditors largely along the trustee's requested lines but without an abbreviated deadline for unclaimed funds to revert to the trust.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 08, 2025
2 More States Join Growing US Privacy Regulator Consortium
A bipartisan collective of U.S. regulators that was recently formed to collaborate on the implementation and enforcement of their states' data privacy regimes has swelled to double digits, with the attorneys general of Minnesota and New Hampshire on Wednesday being announced as the group's newest members.
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October 07, 2025
Chobani Says Coffee Rival Can't Claim 'Bright & Mellow' TM
Chobani on Monday urged a New York federal court to throw out rival Danone's unregistered trademark infringement suit over use of the phrase "Bright & Mellow" to market ready-to-drink coffee, arguing that Danone contends "it alone" may use those "ordinary adjectives."
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October 07, 2025
Wash. Spam Email Law Is Unconstitutional, Retailers Say
Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.
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October 07, 2025
Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say
A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.
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October 07, 2025
Sunbeam Ovens Burn Users, Suit Says
Sunbeam Products Inc. and its parent company, Newell Brands Inc., were hit Tuesday with a proposed class action in federal court over a recalled countertop oven by a New Yorker claiming the appliance burned her and that the company failed to warn about the risks of injury.
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October 07, 2025
Hemp Retailer Sues Ohio Police Department Over Seizure
An Ohio police department seized more than half a million dollars' worth of hemp using a bad search warrant claiming that the hemp, which is legal, was marijuana, the hemp retailer told a federal court Monday.
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October 07, 2025
No Coverage For Smoke Shop Over Fatal Crash, Insurer Says
A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.
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October 07, 2025
Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told
General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.
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October 07, 2025
Chanel, The RealReal Fail To Reach Settlement In TM Feud
Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.
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October 07, 2025
Amazon Supplement Buyers Seek Spoliation Penalties
Consumers in a proposed class action accusing Amazon of peddling dietary supplements without making federally required disclosures urged a Washington federal judge on Tuesday to punish the e-commerce giant for allegedly failing to preserve product detail webpages they say are key to the litigation.
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October 07, 2025
9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord
The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says
An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
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October 07, 2025
Price-Fixing Judge Rejects Recusal Bid As Insincere
A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.
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October 07, 2025
Zillow Can See Anywhere Deal Docs In Compass Antitrust Suit
A New York federal judge partially approved real estate listings company Zillow Inc.'s discovery motion in brokerage Compass Inc.'s antitrust suit over Zillow's listings policy, ruling that Compass must provide Zillow with specific documents related to its $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.
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October 07, 2025
Walgreens Seeks Atty Sanctions For 'Baseless' Claims
Walgreens has called on a Georgia federal judge to slap sanctions on counsel for a former pharmacist suing the chain for discrimination, arguing that she should pay for the company's efforts to dismiss a handful of claims with "no legal basis" after her attorney refused to voluntarily drop them.
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October 06, 2025
New H-2A Wage Rule May Worsen Farm Labor Shortages
A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.
Expert Analysis
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.