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Retail & E-Commerce
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November 18, 2025
Ex-FDA Chief Accuses J&J Of Hiding Talc Risks For 50 Years
A former head of the U.S. Food and Drug Administration spent a contentious day under cross-examination Tuesday in a Los Angeles bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer, accusing the company of hiding the products' health risks for over 50 years.
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November 18, 2025
Fed. Circ. Won't Check Decision Eroding $4M IP Judgment
The Federal Circuit won't rethink any part of a panel's decision that overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers in a multifaceted appeal over hookless shower curtains.
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November 18, 2025
Feds Say Hi-Tech 'Trampled' Trust At Close Of Fraud Trial
Federal prosecutors closed out a nearly monthlong fraud trial against Hi-Tech Pharmaceuticals and its longtime CEO by telling a Georgia jury Tuesday that they "proudly" stood by what defense attorneys for the supplement manufacturer and distributor previously derided as a "paper case."
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November 18, 2025
Lugano Diamonds' $12M Ch. 11 Financing Gets Interim OK
Luxury jewelry house Lugano Diamonds & Jewelry Inc. can access up to $1.5 million in Chapter 11 financing from its majority owner as it pursues a buyer during the holiday shopping season.
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November 18, 2025
Conn. Tobacco Wholesaler Gets Prison Time For $1.2M Fraud
A Connecticut-based tobacco wholesaler who admitted defrauding the state out of $1.2 million in tax revenue was sentenced Tuesday to nearly two years in federal prison.
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November 18, 2025
IBM, Qualcomm Lead Public Cos. In Patented Inventions
IBM Corp. holds the most patent families of all S&P 100 companies, followed by Qualcomm Inc. and Microsoft Corp., according to an IFI Claims Patent Services report released Tuesday.
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November 18, 2025
9th Circ. Doubts Suit Over Seattle's Response To BLM Protest
The Ninth Circuit appeared skeptical Tuesday about reviving claims that the city of Seattle violated the constitutional rights of two businesses by abandoning several city blocks during the 2020 Black Lives Matter protests, with one judge questioning whether city officials put them in a "more dangerous situation" than others in the neighborhood.
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November 18, 2025
NY Judge Orders More Expert Briefing In Tribe's RICO Suit
A New York federal judge has ordered the Cayuga Nation and defendants in a racketeering suit to submit additional briefing over the Nation's experts in a suit alleging that the defendants conspired to deprive the Nation of funds through an unlicensed tobacco outlet.
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November 18, 2025
Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse
A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.
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November 18, 2025
Chancery Rejects Mary Kay Founder's Fee Bid
The Delaware Chancery Court has rejected the demand of Mary Kay Holding Corp.'s co-founder for corporate advancement of legal fees tied to a Texas trust battle with his son, concluding that the billion-dollar dispute stems from personal trust-administration issues, not the executive's service as a company director.
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November 18, 2025
Ind. Tax Court Nixes 'Less Egregious' Assessment For Kohl's
An Indiana tax board erred when it relied on flawed appraisals of a Kohl's department store prepared by experts and chose the "somewhat less egregious" arguments of the company in lowering the valuations by nearly half, the state tax court said.
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November 18, 2025
Judge Punts FTC Suit Over Meta's Instagram, WhatsApp Buys
A federal antitrust campaign against major technology platforms suffered a significant blow Tuesday with a D.C. federal judge's rejection of a Federal Trade Commission suit accusing Meta Platforms of illegally monopolizing social media through its purchases of WhatsApp and Instagram.
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November 17, 2025
Clothier Loft Tied Up In Latest Wash. Spam Email Suit
Women's apparel brand Loft is facing a proposed class action in Seattle federal court accusing the company of misleading Washington shoppers through false or misleading subject lines on marketing emails, adding to a string of suits filed in recent months under the state's Commercial Electronic Mail Act.
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November 17, 2025
Salesforce, Clients Accused Of Ignoring Data Breach Scheme
Credit bureau TransUnion, airline Qantas and luxury goods seller Louis Vuitton — all clients of software company Salesforce Inc. — failed to adequately protect millions of users' data from a July "hub-and-spoke" data breach, a class action filed in California federal court claims.
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November 17, 2025
MGA's IP Clash With Rapper T.I. May Head To 9th Circ.
Hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris urged a California judge Monday not to send their long-running intellectual property case against toy maker MGA Entertainment to the Ninth Circuit, but instead allow a new jury trial on punitive damages to proceed.
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November 17, 2025
Columbia Design Patent Survives Reexam In Seirus Row
A U.S. Patent and Trademark Office examiner has upheld a Columbia Sportswear clothing design patent challenged by rival Seirus Innovative Accessories Inc. in a reexamination, as the companies continue sparring over the patent's validity in a long-running infringement suit.
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November 17, 2025
SAP Proposes Fixes Amid EU Antitrust Probe
German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.
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November 17, 2025
Home Depot Fails In Bid To Ditch Slip-And-Fall Suit
Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.
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November 17, 2025
Ohio Asks To Revive Google Common Carrier Case
The Ohio Attorney General's Office told a state appeals court that Google's search engine meets all the requirements to be declared a common carrier, arguing that a lower court misapplied the law by failing to see information as a good that can be transported.
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November 17, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
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November 17, 2025
Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach
A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.
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November 17, 2025
Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case
With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.
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November 17, 2025
Cannabis Co. Not Covered In Product Safety Suit, Insurer Says
A cannabis company is not entitled to coverage for a proposed class action accusing it of misrepresenting the nature and safety of its cannabis-infused products, a Nationwide unit told an Illinois federal court, saying the suit doesn't allege bodily injury, property damage, or personal and advertising injury to trigger coverage.
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November 14, 2025
FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops
The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.
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November 14, 2025
Lowe's Sheds Suit Over TikTok, Microsoft Trackers
A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.
Expert Analysis
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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.
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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.