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Retail & E-Commerce
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October 07, 2025
Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits
Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.
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October 07, 2025
Evenflo's Recall Over Choking Hazard Is Inadequate, Suit Says
An Evenflo customer filed a proposed deceptive marketing class action complaint in Massachusetts federal court alleging the company failed to disclose that its Revolve360 Slim child car seats have easily detachable foam headrests that pose potential choking hazards.
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October 07, 2025
Planners Should Be Tariffed As Calendars, Fed. Circ. Told
Weekly planners sold by a California calendar company are advertised for their calendars and should be considered such for tariff purposes, counsel for the business told Federal Circuit judges Tuesday, arguing the lower court and government incorrectly classified them as a type of notebook.
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October 07, 2025
Price-Fixing Judge Rejects Recusal Bid As Insincere
A Minnesota federal judge on Tuesday refused to recuse himself from consolidated private price-fixing litigation against a raft of pork producers, saying the defense's claims of bias due to one of his clerks' internships for plaintiff firms are a "fabricated" claim of impropriety.
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October 07, 2025
Zillow Can See Anywhere Deal Docs In Compass Antitrust Suit
A New York federal judge partially approved real estate listings company Zillow Inc.'s discovery motion in brokerage Compass Inc.'s antitrust suit over Zillow's listings policy, ruling that Compass must provide Zillow with specific documents related to its $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.
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October 07, 2025
Walgreens Seeks Atty Sanctions For 'Baseless' Claims
Walgreens has called on a Georgia federal judge to slap sanctions on counsel for a former pharmacist suing the chain for discrimination, arguing that she should pay for the company's efforts to dismiss a handful of claims with "no legal basis" after her attorney refused to voluntarily drop them.
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October 06, 2025
New H-2A Wage Rule May Worsen Farm Labor Shortages
A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.
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October 06, 2025
Justices Pressed To Overturn TM Denial Of Dark Green Gloves
Surgical glove manufacturer PT Medisafe Technologies has asked the U.S. Supreme Court to wipe out a precedential Federal Circuit decision rejecting the company's attempt to claim a trademark for dark green surgical gloves, arguing that "thousands of such marks" have been registered.
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October 06, 2025
Judge Voids $150M Worth Of Notes In Auto Mogul's Dispute
A Michigan federal judge found a businessman altered promissory notes worth $150 million to thwart efforts to collect on a separate judgment against him and his auto parts business, but he ruled the notes are unenforceable because they were issued when the company was insolvent.
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October 06, 2025
Dish, AT&T Must Give Up Docs In T-Mobile-Sprint Merger Case
An Illinois federal magistrate judge ordered Dish and AT&T to produce key documents in a proposed consumer class action targeting T-Mobile over its purchase of Sprint, finding the material from the wireless companies, especially Dish, to be centrally important to the suit.
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October 06, 2025
Supreme Court Isn't Pausing Google Play Store Order
The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.
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October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies
The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.
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October 06, 2025
Ex-Aldi Employee Accuses Grocery Chain Of Retaliation
Supermarket chain Aldi targeted and wrongfully fired a former risk analyst because of her disability that at times caused her to have anxiety attacks, according to a lawsuit in Illinois federal court.
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October 06, 2025
Neuriva 'Brain Health' Products Don't Work, Class Suit Claims
A proposed class of buyers sued Reckitt Benckiser LLC in Illinois federal court on Monday, alleging its Neuriva line of products make promises about supporting brain health that they come nowhere near delivering.
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
Buyers Launch False Ad Suit Over Trader Joe's Probiotics
Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.
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October 06, 2025
Amazon Fails To Pay Area Managers Overtime, Court Told
Amazon misclassified area managers as overtime-exempt even though they mostly worked on handling packages, leading to unpaid overtime, a former employee said in a proposed class action now removed to Washington federal court.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Deny 'Space Force' TM Appeal From IP Atty
The U.S. Supreme Court on Monday skipped an appeal from an attorney who said a 2018 speech from President Donald Trump was the inspiration for his attempt to register "US Space Force" as a trademark.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Few Petitions Move Forward In Newest Discretion Reviews
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 15 Patent Trial and Appeal Board petitions Friday night, but allowed five challenges to proceed.
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October 03, 2025
Retailers Push For Rounding Law To Avert Penny Shortage
A coalition of major retail and restaurant trade associations has urged the leaders of congressional banking committees to quickly enact national legislation for cash transaction rounding in light of the end of U.S. penny production.
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.