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Retail & E-Commerce
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May 29, 2025
Cannabis Package Maker Alleges Trademark Infringement
A manufacturer of packaging designed for cannabis products alleged in a lawsuit filed Thursday in Oklahoma federal court that a competitor has been infringing its designs and trademarks with knockoff wares.
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May 29, 2025
No Coverage For Clothing Chain's COVID-19 Losses
A national clothing retailer can't get coverage for its pandemic-related losses, a Tennessee federal court ruled, permanently tossing the case and saying its Hartford policy plainly excluded the losses regardless of whether Tennessee law or Pennsylvania law — the original jurisdiction of the case — applied.
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May 29, 2025
Wash. Justices Upend Cannabis Co. Win In Wage Suit
Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.
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May 29, 2025
RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says
A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.
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May 29, 2025
NYT, Amazon Reach Licensing Deal To Use Content For AI
The New York Times and Amazon have reached a licensing deal for the tech and online retail giant to use the newspaper's editorial content on its artificial intelligence platforms, the companies announced Thursday.
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May 29, 2025
Shein Eyes HK Listing After London Snag, Plus More Rumors
Fast-fashion retailer Shein intends to list in Hong Kong after its plans to go public in London fell apart, messaging app Telegram is set to raised $1.7 billion through an upsized bond offering, while Elon Musk's Neuralink Corp. raised $600 million in a deal that values the brain-implant startup at $9 billion.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
5-Hour Energy Price Discrimination Suit Falls Short Again
A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.
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May 28, 2025
3 Firms Guide Hailey Bieber's $1B Sale Of Rhode To Elf Beauty
e.l.f. Beauty announced Wednesday that it has signed a deal to acquire Hailey Bieber's skincare and makeup company, Rhode, for around $1 billion, with law firms Latham & Watkins LLP, Skadden Arps Slate Meagher & Flom LLP and Cravath Swaine & Moore LLP advising the various parties.
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May 28, 2025
Agency Says Klehr Harrison Testimony Allowed In NFL Case
A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.
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May 28, 2025
NJ Pot Shop Says Payment Processor Is Withholding Funds
A New Jersey dispensary is urging a federal court to order two electronic payment processors and a Florida bank to give back $273,820 of its money, claiming that if the cash is not released in short order the cannabis shop will become insolvent.
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May 28, 2025
Influencers Settle IP Dispute Over 'Beige' Aesthetic
Two influencers have reached a settlement of a copyright and trade dress dispute in which one accused the other of ripping off her "beige" social media aesthetic in posts on Instagram and TikTok promoting products on Amazon.
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May 28, 2025
Cannabis Cos. Eye High Court Review After 1st Circ. Decision
The First Circuit's decision upholding the dismissal of a splashy federal case challenging the national ban on marijuana was all but inevitable given the controlling case law on the issue, which can only be resolved by the U.S. Supreme Court, legal experts and cannabis attorneys told Law360.
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Flamin' Hot Cheetos Defamation Suit Snuffed Out, For Now
A California federal judge Wednesday granted Frito-Lay Inc.'s motion to strike a former employee's discrimination and defamation suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, finding he's unlikely to win his claims, but giving him another shot at amendment.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
MGA Seeks 4th Trial In $71M Doll Dispute With Rapper T.I.
MGA Entertainment urged a California federal judge Tuesday to reverse a jury's $71.4 million award to rapper Clifford "T.I." Harris and others for MGA infringing the trade dress and publicity rights of the OMG Girlz pop group, saying the court's finding of no willful infringement should nullify the verdict.
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May 28, 2025
In Volatile World, PE Attys Guide Complex Take-Private Deals
As rising geopolitical tensions and tariff uncertainty continue to rattle dealmaking markets, attorneys are guiding private equity firms and potential take-private targets through increasingly complex negotiations.
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May 28, 2025
NC BBQ Joint Roasts Flagship Over Trademark Use
A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.
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May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta
The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.
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May 27, 2025
CFPB Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
Texas Legislature Sends THC Ban To Governor's Desk
Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
Expert Analysis
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.