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Retail & E-Commerce
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 28, 2025
Nivea Maker Hit With False Ad Greenwashing Suit
The Nivea brand of products such as lotions, body creams, deodorants and cleansing wipes are falsely advertised as made predominantly of ingredients derived from natural products, like aloe or avocado oil, even though nearly all the ingredients are synthetic, according to a proposed class action filed in California federal court.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Levi's Biased Against Pregnant Exec, Jury Told At Trial's Start
Counsel for a former Levi Strauss executive suing for sex discrimination told a California federal jury Monday that her manager told the then-pregnant woman she lacked "work capacity" for a promotion, while Levi's lawyer said she merely "grew impatient" climbing the corporate ladder at a company where many mothers are leaders.
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April 28, 2025
Exec 'Can't Believe' X Offers Itself As Place For Friends
The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
NC Judge Says 'Natural Dog' TM Confusion Fight Needs A Trial
A North Carolina federal judge denied a Tar Heel State pet store chain's bid for a pretrial win in a trademark infringement suit brought against it by Natural Dog Acquisitions LLC, ruling Monday that the case needs a jury trial to resolve certain questions of fact.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
Casper Sleep Gets PTAB To Squash Cooling Pillow Patent
The Patent Trial and Appeal Board has ruled that the claims in a patent for a cooling pillow were invalid, handing a win to e-commerce sleep product company Casper Sleep in its challenge.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
Nike Investors Say 'Brazen' NFT Rug Pull 'Decimated' Them
Nike was hit with a proposed securities class action on Friday accusing the athletic apparel giant of touting its nonfungible tokens before abruptly abandoning that business, in a "brazen rug pull" that left purchasers of Nike's NFTs "decimated."
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April 25, 2025
Google Exec Warns Of 'Shadow' Of Chrome If DOJ Wins Sale
Chrome's top executive told a D.C. federal judge Friday that the Justice Department's bid to force the sale of Google's prized web browser would cause a dramatic degradation in quality for a product that is used by over one billion people and is heavily integrated into the rest of Google.
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April 25, 2025
Judge Urges Creativity For Nonparties In Sprint Merger Row
T-Mobile, a group of Verizon and AT&T subscribers and a host of nonparty mobile carriers and network operators must try again to hash out a creative yet reasonable way to shield confidential information from the nonparties' anticipated discovery in litigation challenging T-Mobile's merger with Sprint, an Illinois magistrate judge has said.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
Google Ad Tech Judge Wants To Get Moving On Remedies
The Virginia federal judge overseeing the government's ad tech monopolization case against Google issued an order on Friday calling for a hearing over her concerns about the length of time the sides are requesting to prepare for a trial to determine potential remedies.
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April 25, 2025
7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads
The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.
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April 25, 2025
Mondelez Says Ghost Can't Use Sour Patch, Other Snack TMs
Two Mondelez International subsidiaries have filed suit in Illinois to halt Ghost LLC's marketing of energy products that feature Sour Patch Kids, Oreo and certain other iconic snack brand trademarks, claiming Ghost's license to do so ended when Keurig Dr. Pepper began controlling the company.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest
A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
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April 25, 2025
Calif. AG Asks Court To Sink Exxon Recycling Defamation Suit
California's attorney general is asking a Texas federal court to dismiss Exxon Mobil Corp.'s lawsuit alleging he and several conservation groups have disparaged the company's reputation by declaring that it misled people about the effectiveness of plastic recycling.
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April 25, 2025
Ozempic Maker Settles Infringement Claims With Atlanta Clinic
Novo Nordisk, the pharmaceutical manufacturer behind Ozempic and other weight loss drugs, said Friday it has reached a settlement to end a series of claims that a Georgia anti-aging clinic was using the company's name and reputation to sell off-brand versions of its treatments.
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April 25, 2025
Houston Texans Accused Of Infringing Ticketing Patent
The Houston Texans are accused of infringing patented technology for a ticketing service that allows users to buy tickets for sporting events based on individual players' probability of appearing in a match.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.