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Retail & E-Commerce
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Proton Joins Fight Over Alleged Apple App Store Monopoly
Swiss technology company Proton on Monday filed its own proposed class action accusing Apple of monopolizing the markets for iOS app distribution and payment processing, saying this latest suit is needed to ensure Apple changes its App Store policies and permanently end the alleged anticompetitive behavior.
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June 30, 2025
Deja Vu? MGA, T.I. Appear Headed For 4th OMG Doll Trial
Clifford "T.I." Harris and Tameka "Tiny" Harris may be headed toward a fourth trial against MGA Entertainment Inc. after a California federal judge indicated Monday he might toss a jury's $53.6 million punitive damages award finding the toy giant willfully infringed the OMG Girlz pop group's trade dress.
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June 30, 2025
DOJ Allowed To Protect Antitrust Probe Of Fragrance Market
A New Jersey federal court on Monday granted the U.S. Department of Justice permission to intervene in a case against several fragrance companies after enforcers said they need to protect an ongoing criminal probe of the industry over a conspiracy to reduce competition.
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June 30, 2025
Yoga To The People Founder Gets 4 Years For Tax Evasion
A Manhattan federal judge Monday sentenced the founder of Yoga to the People to four years in prison for dodging more than $1 million in taxes over an eight-year period, during which the once-popular fitness chain did not file a single corporate tax return.
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June 30, 2025
Judge Urges DOJ, Assa Abloy To Reach Deal On Extension
A D.C. federal court urged the U.S. Department of Justice and Assa Abloy on Monday to reach an agreement over a request from Fortune Brands Home & Security to extend a supply agreement that was part of a 2023 merger settlement.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Xockets Sues Amazon, Claiming Data Patent Infringement
Tech startup Xockets Inc. on Monday hit Amazon.com Inc. and Amazon Web Services Inc. with two lawsuits in Texas federal court, claiming infringement of its data processing unit patents that it said are central to advancing artificial intelligence technology.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
Rite Aid Cleared To Sell Thrifty Ice Cream For $19.2M In Ch. 11
National pharmacy chain Rite Aid can sell its ice cream brand Thrifty for $19.2 million, more than doubling the opening price of a Chapter 11 auction, after a New Jersey bankruptcy judge on Monday rejected a losing bidder's request to reopen the auction.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
Judge Mulls Mariano's OT Exemption With A Baseball Analogy
An Illinois federal judge considering whether to declassify collectives of grocery store managers claiming a Kroger subsidiary misclassified them as being exempt from overtime pay compared them Monday to baseball player-managers like Pete Rose and pressed the parties to address "when a player-manager is more like a player than a manager."
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June 30, 2025
Apple Can't Duck DOJ Monopolization Lawsuit
A New Jersey federal judge refused Monday to let Apple duck the U.S. Department of Justice lawsuit accusing the company of monopolizing smartphone markets, crediting DOJ allegations about the restrictions Apple imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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June 30, 2025
Chancery OKs $19.25M Settlement In Weber Squeeze-Out Suit
Grillmaker Weber Inc. public stockholders secured an up to 87-cents-per-share boost Monday over the company's purportedly unfair, $3.7 billion take private sale, when the Delaware Court of Chancery approved a $19.25 million mediated settlement.
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June 30, 2025
Fed. Circ. Won't Revive Beverage Can Patent Claims
The Federal Circuit on Monday sided with an Ohio federal judge's finding that claims in a pair of Crown Packaging Technology Inc.'s metal beverage can construction patents were invalid, handing a win to competitor Ball Metal.
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June 30, 2025
3 Firms Advise As Home Depot Unit Scoops Up GMS For $5.5B
The Home Depot-owned trade distribution subsidiary SRS Distribution Inc. will acquire building products distributor GMS Inc. in a $5.5 billion deal, inclusive of debt, the companies announced Monday.
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June 27, 2025
Gunmaker, Ammo Co. Sued In Ga. Over Exploding Cartridge
A Georgia man is suing gunmaker Chiappa Firearms USA Ltd and ammunition supplier Olin Winchester LLC over permanent eye damage he sustained when a bullet unexpectedly exploded in a pistol he was target firing, according to a lawsuit recently removed to federal court.
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June 27, 2025
Judge Waits On Fortune's Bid To Join Assa Abloy Fight
A D.C. federal judge left open the question of whether Fortune Brands Home & Security can intervene to enforce Assa Abloy's 2023 settlement agreement with the U.S. Department of Justice on Friday, as the DOJ seeks to keep a supply agreement between the two companies in place.
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June 27, 2025
Del. Supreme Court Upholds Ruling In $5.5M Earnout Dispute
Delaware's highest court offered no long goodbye Friday to data management venture STX Business Solutions LLC's appeal for a revival of buyer breach claims in a suit dismissed by the Court of Chancery in October.
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June 27, 2025
UK Tribunal Says Visa, Mastercard Fees Infringe Antitrust Law
A U.K. tribunal issued a judgment Friday siding with merchants seeking damages from Visa and Mastercard for claims they were charged excessively high transaction fees, finding the interchange fees merchants pay to banks violate competition law.
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June 27, 2025
Sunbeam Says 'Reptile Theory' Tactics Doom $8.8M Verdict
Sunbeam Products Inc. and parent company Newell Brands Inc. want a new trial in a case where a woman won an $8.8 million verdict on claims that a slow cooker made by the companies left her with burns, asserting that her attorneys committed misconduct aimed at using "Reptile Theory" to inflame the jury.
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June 27, 2025
Party City To Send Liquidation Plan Out For Creditor Vote
A Texas bankruptcy judge on Friday gave Party City permission to send its liquidation plan out for a vote after the retailer agreed to give parties with claims racked up during the Chapter 11 case more time to opt out of proposed cuts to their recoveries.
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June 27, 2025
Insurer Fights Cosmetic Co. Over Coverage For Pollution Row
A Markel unit had no duty to defend a cosmetics company against prior water pollution claims simply because it agreed to defend a subsequent suit brought by the California attorney general, the insurer told a California federal court Friday.
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June 27, 2025
Rite Aid Picks $19.2M Bid For Thrifty Ice Cream In Ch. 11
Drugstore chain Rite Aid said it has reached a deal to sell its Thrifty Ice Cream brand to an entity tied to the chief executive of Monster Beverage Corp. for $19.2 million during its Chapter 11 case.
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June 27, 2025
Compass Wants 'Zillow Ban' Halted For Antitrust Case
Compass asked a New York federal court Friday to stop Zillow from enforcing a new policy the real estate brokerage claims is designed to block competition, saying the threat of Zillow's rules is already causing harm and confusion.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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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.