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Retail & E-Commerce
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November 18, 2025
NY Judge Orders More Expert Briefing In Tribe's RICO Suit
A New York federal judge has ordered the Cayuga Nation and defendants in a racketeering suit to submit additional briefing over the Nation's experts in a suit alleging that the defendants conspired to deprive the Nation of funds through an unlicensed tobacco outlet.
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November 18, 2025
Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse
A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.
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November 18, 2025
Chancery Rejects Mary Kay Founder's Fee Bid
The Delaware Chancery Court has rejected the demand of Mary Kay Holding Corp.'s co-founder for corporate advancement of legal fees tied to a Texas trust battle with his son, concluding that the billion-dollar dispute stems from personal trust-administration issues, not the executive's service as a company director.
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November 18, 2025
Ind. Tax Court Nixes 'Less Egregious' Assessment For Kohl's
An Indiana tax board erred when it relied on flawed appraisals of a Kohl's department store prepared by experts and chose the "somewhat less egregious" arguments of the company in lowering the valuations by nearly half, the state tax court said.
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November 18, 2025
Judge Punts FTC Suit Over Meta's Instagram, WhatsApp Buys
A federal antitrust campaign against major technology platforms suffered a significant blow Tuesday with a D.C. federal judge's rejection of a Federal Trade Commission suit accusing Meta Platforms of illegally monopolizing social media through its purchases of WhatsApp and Instagram.
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November 17, 2025
Clothier Loft Tied Up In Latest Wash. Spam Email Suit
Women's apparel brand Loft is facing a proposed class action in Seattle federal court accusing the company of misleading Washington shoppers through false or misleading subject lines on marketing emails, adding to a string of suits filed in recent months under the state's Commercial Electronic Mail Act.
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November 17, 2025
Salesforce, Clients Accused Of Ignoring Data Breach Scheme
Credit bureau TransUnion, airline Qantas and luxury goods seller Louis Vuitton — all clients of software company Salesforce Inc. — failed to adequately protect millions of users' data from a July "hub-and-spoke" data breach, a class action filed in California federal court claims.
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November 17, 2025
MGA's IP Clash With Rapper T.I. May Head To 9th Circ.
Hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris urged a California judge Monday not to send their long-running intellectual property case against toy maker MGA Entertainment to the Ninth Circuit, but instead allow a new jury trial on punitive damages to proceed.
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November 17, 2025
Columbia Design Patent Survives Reexam In Seirus Row
A U.S. Patent and Trademark Office examiner has upheld a Columbia Sportswear clothing design patent challenged by rival Seirus Innovative Accessories Inc. in a reexamination, as the companies continue sparring over the patent's validity in a long-running infringement suit.
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November 17, 2025
SAP Proposes Fixes Amid EU Antitrust Probe
German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.
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November 17, 2025
Home Depot Fails In Bid To Ditch Slip-And-Fall Suit
Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.
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November 17, 2025
Ohio Asks To Revive Google Common Carrier Case
The Ohio Attorney General's Office told a state appeals court that Google's search engine meets all the requirements to be declared a common carrier, arguing that a lower court misapplied the law by failing to see information as a good that can be transported.
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November 17, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
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November 17, 2025
Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach
A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.
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November 17, 2025
Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case
With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.
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November 17, 2025
Cannabis Co. Not Covered In Product Safety Suit, Insurer Says
A cannabis company is not entitled to coverage for a proposed class action accusing it of misrepresenting the nature and safety of its cannabis-infused products, a Nationwide unit told an Illinois federal court, saying the suit doesn't allege bodily injury, property damage, or personal and advertising injury to trigger coverage.
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November 14, 2025
FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops
The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.
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November 14, 2025
Lowe's Sheds Suit Over TikTok, Microsoft Trackers
A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.
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November 14, 2025
Amazon, New York Square Off Over State's NLRB Fill-In Law
The state of New York urged a Brooklyn federal judge to reject Amazon's bid to block a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, a statute that the online retailer says is flatly unconstitutional.
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November 14, 2025
Campbell's Settles With Politician Who Used Soup Can In Ad
The Campbell's Co. on Friday resolved its trademark fight in federal court with a Michigan congressional candidate for using its iconic can design in her campaign, with the defendant agreeing to stop producing, distributing or using any of Campbell's marks and trade dress in connection with any campaign, fundraising and promotional materials.
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November 14, 2025
Cannabis Co. Green Thumb Seeks Toss Of THC Potency Suit
Green Thumb has urged an Illinois state court to permanently end a proposed class action accusing the cannabis giant and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that what the plaintiff-consumers have described is a mistake in law, which is not fraud.
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November 14, 2025
Fed. Circ. Clears New Trial On Unicycle Infringement Damages
The Federal Circuit on Friday ordered a new trial to determine whether Inventist Inc. should receive lost profits after a jury determined Ninebot Inc. infringed its unicycle patent, saying key information was left out that could have impacted the jury's $800,000 award.
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November 14, 2025
Amazon Blasts Claim It Destroyed Evidence In Labeling Suit
Amazon.com Services LLC is fighting calls for sanctions in a proposed class action accusing it of failing to follow federal labeling laws for dietary supplements, saying it shouldn't be penalized for allegedly failing to preserve online product pages for the supplements.
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November 14, 2025
Consumers Want 9th Circ. To Recertify Apple IPhone Class
Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.
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November 14, 2025
Hemp Transporter Sues Ill. Cops Over Traffic Stop Seizure
An entrepreneur who distributes hemp to retailers in St. Louis and Chicago claims in Illinois federal court he is being hassled by local law enforcement, who have unlawfully confiscated much of his Delta-8 inventory and put his business "at risk of collapse," in turn endangering his family's sole source of income.
Expert Analysis
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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.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.