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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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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Fed. Circ. Rulings Refine Patent Claim Construction Standards
Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.