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Retail & E-Commerce
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October 23, 2025
'Civility' A Concern As IP Atty Asks To Depose Party Suing Her
A Florida federal magistrate judge overseeing discovery in a patent licensing company executive's defamation suit against a Baker Botts LLP intellectual property litigator told the parties Thursday that she's inclined to appoint a special master to oversee depositions in the case to ensure "the appropriate decorum and civility."
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October 23, 2025
Retailer To Pay $4.8M To End AGs' Membership Fee Claims
An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.
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October 23, 2025
Adidas Hid Ye's Hate Speech From Investors, 9th Circ. Told
Adidas investors urged the Ninth Circuit on Thursday to revive allegations that the sportswear giant failed to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, arguing that executives hid evidence of his "raging" antisemitism, like his proposal for a swastika shoe design.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Google Rips $425M Privacy Verdict As Users Seek $2.4B More
A class of some 98 million cellphone users who won a $425 million jury verdict finding that Google unlawfully collected their information asked a California federal judge to make the tech giant disgorge another $2.36 billion, while Google asked the court to dismantle the class and vacate the verdict.
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October 23, 2025
Walgreens Urges Pretrial Win In Shelf Space Fight
Electronics accessories manufacturer Zeikos Inc. should not be allowed to take its product placement contract suit against Walgreens to trial because it's clear Zeikos misinterpreted sales data that spurred an agreement the company itself never fully satisfied, the pharmacy retailer argued Wednesday.
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October 23, 2025
Triumph Tries Again To Dump Pork Price-Fixing Claims
Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
Telehealth Ketamine Provider Hit With Wrongful Death Suit
Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
Columbia University Wants Out Of Sportswear Trademark Suit
Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Whole Foods Strikes Deal To End Calif. Pregnancy Bias Probe
Grocery giant Whole Foods Market has struck a deal with the California Civil Rights Department to resolve a worker's allegations that she was illegally fired after seeking pregnancy-related accommodations, the agency announced Wednesday.
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October 22, 2025
'Danger Zone': 9th Circ. Judge Warns Atty Battling L'Oreal
A Ninth Circuit judge warned an attorney Wednesday he was in a "danger zone" and should have considered never appealing a district court's order throwing out his client's trade secrets case against L'Oreal USA Inc., saying the lower court's finding that his client fabricated evidence puts the attorney in the panel's crosshairs.
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October 22, 2025
Monsanto's Roundup Blamed For Husband's Fatal Cancer
A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
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October 22, 2025
4th Circ. Seems Wary Of Under Armour's $100M Coverage Win
The Fourth Circuit didn't seem convinced Wednesday that it should affirm a lower court's finding that government investigations into Under Armour are unrelated to a securities class action against the sportswear company and thus trigger an additional $100 million in directors and officers coverage from Under Armour's excess insurers.
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October 22, 2025
RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive
R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.
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October 22, 2025
StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets Suit
StubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour.
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October 22, 2025
Texas Book Rating Law Struck Down As Unconstitutional
A Texas federal judge ruled Tuesday that a Texas law aimed at regulating the types of books available at public school libraries still "misses the mark" on achieving its goal and is unconstitutional for a number of reasons, including forcing booksellers to take on the state government's preferred messages.
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October 22, 2025
USPTO Cuts TM Backlog Below 350K, Surpassing FY25 Goal
The U.S. Patent and Trademark Office said Wednesday it has reduced the backlog of unexamined trademark applications to under 350,000, exceeding the goal the government agency set to finish the 2025 fiscal year that concluded Sept. 30.
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October 22, 2025
Grocery Outlet Fights Investor Claims Over IT Update Woes
Grocery Outlet Holding Corp. has asked a California federal court to toss a shareholder's suit accusing it of botching the implementation of an enterprise resource planning system that allegedly caused operational disruptions and financial losses, saying the suit is based on "impermissible fraud by hindsight."
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October 22, 2025
Home Depot Passes Stewart's Threshold, But Not PTAB's
The Patent Trial and Appeal Board has rejected Home Depot's challenge to a 12-year-old content delivery patent, after the petition made it through Deputy Director Coke Morgan Stewart's high standard for reviewing older patents.
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October 22, 2025
Gutting Broadband Labels Erodes Consumer Trust, FCC Told
A pro-consumer group is warning that reducing the data disclosed on broadband "nutrition" labels will undermine consumer trust about the online services they're receiving.
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October 22, 2025
COST Urges Ky. Justices To Reject Walgreens' Tax Valuations
Kentucky's Supreme Court should reverse an appeal court's ruling finding that a local assessor correctly took above-market contract rents into consideration when valuing several Walgreen store properties, the Council on State Taxation said, because it unfairly raised their assessed values.
Expert Analysis
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Amazon Ruling Marks New Era Of Personal Liability For Execs
A Washington federal court's recent decision in FTC v. Amazon extended personal liability to senior executives for design-driven violations of broad consumer protection statutes, signaling a fundamental shift in how consumer protection laws may be enforced against large public companies, say attorneys at Orrick.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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How The FTC Is Stepping Up Subscription Enforcement
Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.