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Retail & E-Commerce
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November 10, 2025
Del. Justices Reject Bid To Revive Amazon-Blue Origin Suit
Delaware's Supreme Court has declined to revive a suit that was dismissed by the Court of Chancery that accused Amazon founder Jeff Bezos and the company's board of directors of "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
Munchkin's $8M Trial Damages Bid A 'Double Dip,' Rival Says
Baby product maker TOMY International argued Friday that an Illinois federal judge shouldn't allow Munchkin Inc. to "double dip" and get more than $8 million in enhanced damages after jurors found TOMY infringed two patents for a spill-proof cup, saying its conduct was not egregious enough to justify it and that its competitor wants duplicative damages stemming from the same acts of infringement.
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November 10, 2025
Pot Shop Bombards People With Promo Texts, TCPA Suit Says
A Southern California cannabis dispensary was hit with a proposed class action in federal court Friday alleging it violated the Telephone Consumer Protection Act by sending unsolicited telemarketing messages to individuals to promote its services, despite the fact their numbers have been placed on the national Do Not Call registry.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 07, 2025
Smoke Shop Sanctioned Tossing Sale Docs In NY Tribal Row
After destroying sales records daily over the course of three years, the retailers accused by the Cayuga Nation of running an unauthorized cannabis shop will face sanctions, a New York federal judge ruled, calling their behavior "grossly negligent and likely willful."
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
DOJ Starts Price-Fix Probe Of Meatpackers Amid Trump Posts
The U.S. Department of Justice announced an investigation into alleged price-fixing by meatpacking companies, following social media posts by President Trump accusing "Majority Foreign Meat Packers" of colluding to drive up prices.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Insurers Say La. Mall Owner Is Trying To Derail Arbitration
A group of insurers led by Lloyd's of London underwriters has urged a New York federal court to appoint an umpire in an arbitration proceeding over coverage for a Louisiana mall damaged in a 2021 hurricane, accusing the mall owner of trying to derail the arbitration.
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November 07, 2025
Canadian Co. Blocked From Using 'Deep Cleansing Oil' Brand
A Pennsylvania federal judge has permanently blocked a Canadian skincare company from infringing a competitor's trademark for "Deep Cleansing Oil," after it failed to respond to the case.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
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November 07, 2025
Insurer Escapes Gas Station Row Over Shooting By Employee
A gas company's insurer owed no coverage for a suit brought by a customer who was attacked and shot by an employee, an Indiana federal court ruled, saying the suit was not an occurrence under the policy.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
USPTO Extends Deadline For PTAB Institution Rules Feedback
The U.S. Patent and Trademark Office has provided a 15-day extension for giving feedback on proposed rules that will likely reduce the institution of certain patent challenges at the Patent Trial and Appeal Board, with Director John Squires saying "now's the time" to finalize rulemaking on discretionary denial issues.
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November 07, 2025
Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label
D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.
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November 07, 2025
Judge Denies Injunction Bid In Baby Carrier TM Fight
A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.
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November 07, 2025
3 Firms Guide Dubai Hookah Maker's $1.75B SPAC Merger
Three law firms are guiding Dubai hookah brand owner AIR Ltd. on its agreement to go public in the U.S. through a $1.75 billion deal with blank-check firm Cantor Equity Partners III, the companies said on Friday.
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November 07, 2025
Beauty Co. Says Ex-Exec's $40M Claim 'Implausible'
The former president of a Connecticut beauty brand that L'Oréal bought for around $1 billion has made an "implausible" claim that she is owed $40 million from the sale based on an alleged verbal contract, the company said in opposing her application for a prejudgment remedy.
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November 07, 2025
Fed. Circ. Wary Of Reviving Express Mobile's $40M Win
Express Mobile Inc. didn't appear to persuade a panel of the Federal Circuit Friday that a Delaware federal judge erred in overruling a jury's $40 million infringement verdict against Shopify Inc. based on concerns about expert testimony.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
Papa John's CEO Addresses 'M&A Rumors' In Q3 Call
Days after private equity giant Apollo was said to have pulled a roughly $2.1 billion offer to purchase Papa John's, CEO Todd Penegor said Friday that the pizza chain would "fully consider" future strategic alternatives.
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November 06, 2025
Retailer Can't Force Arbitration Of False Pricing Class Claims
A California federal judge Thursday rejected a bid by women's fashion brand Maggy London to arbitrate a proposed class action accusing it of advertising "phantom" price discounts on products sold on its website, finding that merely providing a link to the arbitration terms during the checkout process wasn't enough to form a binding agreement.
Expert Analysis
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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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.