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Retail & E-Commerce
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December 10, 2025
SG Says Justices Should Back Employers In ERISA Split
The U.S. solicitor general is urging the U.S. Supreme Court to back Home Depot's win in a retirement plan fight with its employees, and in the process, resolve a circuit split in employers' favor over who bears the burden of proving a financial loss from alleged mismanagement.
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December 10, 2025
2nd Circ. Tosses Lego Rival's Appeal In IP Fight Over Figurine
The Second Circuit on Wednesday dismissed a Lego rival's appeal challenging an order blocking the sale of its Third-Generation figurines, finding it lacked appellate jurisdiction since the district court correctly found the figurines fell within the ambit of an existing injunction due to a likelihood of confusion with Lego's Minifigure.
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December 10, 2025
Amazon Shoppers In Price-Hike Suit Say Retailer Deleted Docs
Amazon shoppers accusing the e-commerce giant of price-gouging during the COVID-19 pandemic urged a Seattle federal judge to sanction the company for allegedly destroying an "untold number of documents" crucial to their proposed consumer class action.
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December 10, 2025
Sens. Pitch Hemp Regulation Bill Following Passage Of Ban
U.S. Sen. Ron Wyden, D-Ore., reintroduced a bill Wednesday that would regulate products with hemp-derived cannabinoids, with an emphasis on age gating, manufacturing standards, and testing and labeling requirements.
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December 10, 2025
VPR Settles Trademark Dispute With Chinese Vape Makers
The three-year legal saga between U.S. and Chinese vaping companies over who could control the Elf Bar name appears to be coming to an end, the parties have told a Florida federal court, saying they've reached a deal that would end a number of overlapping intellectual property lawsuits that made it all the way to the Federal Circuit.
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December 10, 2025
Fla. Mall Says Insurer's Theft Claim Denial Lacks Evidence
An shopping center in Orlando, Florida, hit a QBE Insurance unit with a complaint in federal district court alleging the insurer has no basis for denying its claim of over $850,000 in damages after the mall's property was vandalized.
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December 10, 2025
Dreyer's Misleads Fruit Bar Buyers About 'Processed' Treats
Dreyer's falsely claims that its Outshine fruit bars are nutritionally equivalent to eating real fruit, despite containing large amounts of added sugar and artificial ingredients, which means the products are "engineered, processed desserts, not simple frozen fruit," a proposed class action filed Tuesday in California federal court alleges.
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December 10, 2025
LeBron Secures 'More Than An Athlete' TM Win At Fed. Circ.
The Federal Circuit on Wednesday shot down a challenge to the Trademark Trial and Appeal Board's finding that NBA star LeBron James and his company Uninterrupted IP LLC have the trademark rights to the phrase "More Than An Athlete."
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December 10, 2025
Ohio Lawmakers OK Limits On Pot Legalization, Tax Law
Ohio would restrict cannabis use and the sale of intoxicating hemp products with new criminal penalties for certain activities and make other changes to the state's voter-approved marijuana legalization and taxation law under legislation passed by lawmakers and heading to the governor.
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December 10, 2025
Amazon, P&G Sue Chinese Sellers Over Counterfeit Bug Traps
Amazon.com Inc. and Procter & Gamble Co. are suing a group of Chinese people and entities, alleging they have used Amazon's storefront to sell counterfeit insect traps using P&G's trademarks.
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December 10, 2025
Staffing, Consulting Cos. Face PAGA Suit Over Unpaid Wages
Two staffing companies and an account and consulting entity failed to pay employees for all time that they worked and manipulated their time entries, two workers said in a Private Attorneys General Act suit lodged in California state court.
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December 09, 2025
Smucker Pet Food Buyers Near Cert. In PFAS Disclosure Fight
A California federal judge said Tuesday he's inclined to certify a class of consumers who allege The J.M. Smucker Co. failed to disclose risks of so-called PFAS forever chemicals in pet-food packaging contaminating kibble, telling counsel during a hearing that many issues Smucker raises "are better addressed on the merits."
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December 09, 2025
J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc
A University of California San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease.
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December 09, 2025
Chipotle Bowl Delivered By DoorDash Had 'Rodent,' Suit Says
A New York woman has sued Chipotle, DoorDash and one of the food delivery company's "dashers," alleging in a complaint filed in New York state court that she "bit into a rodent" concealed in a burrito bowl she had delivered from the fast-casual restaurant chain.
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December 09, 2025
Alaska And Juul Settle Vape Youth Suit For $5.8M
Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.
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December 09, 2025
CoStar Urges Justices To Review Revived Antitrust Claims
CoStar is asking the U.S. Supreme Court to review a Ninth Circuit ruling reviving antitrust counterclaims from a rival commercial real estate platform, saying the appeals court accepted a novel theory of what constitutes exclusive dealing.
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December 09, 2025
Nylon Maker Ascend Secures OK For Ch. 11 Plan
A Texas bankruptcy judge agreed Tuesday to approve the Chapter 11 plan of nylon manufacturer Ascend Performance Materials, commending the debtor on reaching a largely consensual restructuring proposal eight months after its free-fall bankruptcy filing.
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December 09, 2025
HBO Max Subscribers Sue To Stop Netflix-Warner Bros. Deal
HBO Max subscribers slapped Netflix with one of the first proposed class actions seeking to halt the streaming behemoth's $82.7 billion plan to buy Warner Bros.' studio and streaming business, calling the deal "one of the more audacious horizontal mergers in recent memory."
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December 09, 2025
Conn. Seems Open To Limits On Drug Price Cap Enforcement
The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.
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December 09, 2025
Cannabis Stores Can't Sue Under RICO, 9th Circ. Rules
The Ninth Circuit on Tuesday backed a federal judge in tossing racketeering claims brought against a California city by a group of companies facing more than $5 million in local government fees under a contract to allow construction of six cannabis cultivation facilities.
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December 09, 2025
Mistrial Declared In Fla. Opioid Case Against Pharmacies
A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis.
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December 09, 2025
Amazon Still Can't Claw Back FTC Probe Documents
A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."
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December 09, 2025
Va. Says Vape Cos. Have No Standing To Challenge State Ban
The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.
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December 08, 2025
7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy
7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.
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December 08, 2025
Insurer Denies Coverage To Retailers For Kratom Death Suit
An insurance company is arguing it has no obligation to defend two Washington retail smoke shops facing a lawsuit by a father who claims they sold kratom products that killed his son, telling a federal court that their policies do not cover injuries caused by the sale of products expected to cause injury.
Expert Analysis
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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.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.