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Retail & E-Commerce
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December 03, 2025
GOP Expects G7 Side-By-Side Tax Deal Details This Week
The House Ways and Means Committee's top Republican expects negotiations to wrap up this week on the technical details of the agreement with the Group of Seven countries to exempt U.S. multinational corporations from the minimum-tax system, he said Wednesday.
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December 03, 2025
Nike 'Cool Compression' Case Not Exceptional, 3rd Circ. Told
Nike argued before the Third Circuit on Wednesday that its "cool compression" trademark litigation with clothing maker Lontex Corp. was not so "exceptional" that it should pay Lontex's attorney fees, which exceed $5 million, given that the trial court and Third Circuit had previously held that the Lanham Act case was a close one.
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December 03, 2025
Google Wants Justices To Pause Petition Pending Epic Deal
Google asked the U.S. Supreme Court to put its petition seeking review of the antitrust case from Epic Games over the distribution of apps on Android devices on hold while the district court considers a potential settlement.
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December 02, 2025
'Mailbox Rule' Can't Deliver Win For Marshalls, 9th Circ. Told
A former Marshalls worker told the Ninth Circuit on Tuesday that a district judge wrongly relied on the "mailbox rule" to send his employment suit to arbitration because Marshalls had mailed him an arbitration agreement, saying he never received it and California law requires that he actively agree to the deal.
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
Instacart Challenges NYC's New Grocery Delivery Regulations
Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.
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December 02, 2025
5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat
A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.
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December 02, 2025
FCC Says Telecom Must Block Walmart Impersonation Scam
The telecom that has been transmitting scam calls from bad actors claiming to be Walmart employees will be cut off from U.S. networks if it doesn't cut it out, the Federal Communications Commission has announced.
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December 02, 2025
Colo. Says Suit Over Semiauto Gun Law Is 'Premature'
Colorado officials asked a federal judge Monday to throw out a lawsuit brought against them by the state's official branch of the National Rifle Association over a new law the gun rights group says restricts ownership of certain semiautomatic firearms in violation of the Second Amendment.
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December 02, 2025
Monthly Merger Review Snapshot
The FTC urged a D.C. court to block a deal involving a new heart valve treatment, and courts rejected the commission's monopolization case over Meta's past acquisitions and the agency's challenge of a medical device coatings deal. Here, Law360 looks at the major merger review developments from November.
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December 02, 2025
5th Circ. Wary Of FDA Process Behind Rule For New Vapes
A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.
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December 02, 2025
Fox News, FedEx Ink Clawback Settlements With Guo Trustee
The trustee handling Chinese exile Miles Guo's $374 million Chapter 11 estate has asked a Connecticut bankruptcy judge to approve sealed settlements in clawback claims once totaling nearly $4 million against Fox News, FedEx, Marcum LLP and seven other entities after a mediator agreed the terms were reasonable.
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December 02, 2025
Walmart Stabbing Victim Says Mich. Store Ignored Red Flags
A man who was one of 11 people stabbed at a Traverse City Walmart this summer sued the retail giant in Michigan state court on Tuesday, alleging the company flouted its own safety policies when employees didn't flag the attacker's suspicious behavior and call police.
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December 02, 2025
'Ionization' Smoke Detectors Are Faulty, Class Claims
A proposed class of buyers is suing the makers of "ionization technology" smoke alarms, saying they have hidden the fact that they are incapable of detecting slow, smoldering fires that are more dangerous and common than the faster, flaming fires they can detect.
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December 02, 2025
CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims
CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday.
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December 02, 2025
Tribe Can't Recover Lost Profits For Pot Sales Under RICO
A New York federal judge has ruled that cannabis' federal illegality means that the Cayuga Nation cannot invoke a federal racketeering law to recover lost profits from retailers' unsanctioned cannabis sales on tribal land.
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December 01, 2025
Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets
Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
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December 01, 2025
Home Depot Ex-Worker's Appeal In 401(k) Suit Dismissed
The Eleventh Circuit on Monday tossed an appeal by a former Home Depot worker in a proposed class action alleging the company misspent forfeited employer contributions in its employee 401(k) plan, several months after a Georgia lower court concluded that the lawsuit failed to state a claim.
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December 01, 2025
Chancery OKs $9.4M Deal To End Sears Take-Private Suit
Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.
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December 01, 2025
Apple IPhone Buyers Push To Appeal Class Decertification
Consumers told the Ninth Circuit they need to appeal a district court ruling that decertified a class of iPhone buyers expected to reach 200 million members in an antitrust case over Apple's App Store policies because the ruling was a "death knell" for the case.
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December 01, 2025
NY Cannabis Regulators Says Town's Zoning Code Preempted
New York State Office of Cannabis Management told a New York federal court that a local town's zoning law at the heart of a dispute between the town and a licensed cannabis dispensary "is preempted and invalid" due to a prior state board decision.
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December 01, 2025
Worker Wants Cannabis Co. Trade Secrets Suit Trimmed
A former supervisor at New Jersey cannabis products maker Kushi Labs LLC is looking to whittle down a trade secrets lawsuit accusing her of siphoning off confidential materials and giving them to a rival, arguing in a Wednesday filing that a federal law prohibits only hacking, not employees' misuse of their access.
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December 01, 2025
Crocs' 3D Marks Not Famous, Rival Tells Colorado Court
A footwear company has told a Colorado federal court that Crocs' shoe designs lack the necessary widespread recognition to be registered for a trademark, asking for the court to grant it a win on its arguments that Crocs' "3D" marks are invalid.
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December 01, 2025
Starbucks To Pay $39M In NYC's Fair Workweek Law Probe
Starbucks has agreed to shell out nearly $39 million following a New York City Department of Consumer and Worker Protection probe that found the coffee chain had violated the city's Fair Workweek Law, the department and Mayor Eric Adams announced on Monday.
Expert Analysis
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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IPO Suit Reinforces Strict Section 11 Tracing Requirement
A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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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.