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September 10, 2025
Texas Gov. Issues Executive Order On Hemp Products For Kids
Texas Republican Gov. Greg Abbott on Wednesday issued an executive order requiring state agencies to implement rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 10, 2025
Md. Appeals Court Says Psychoactive Hemp Wares Illegal
A Maryland appeals court on Tuesday ruled that products containing psychoactive compounds derived from hemp are illegal, delivering a blow to a coalition of hemp interests that brought a constitutional challenge to the state's recreational marijuana legalization law.
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September 10, 2025
Texas Justices Wary Of Shifting Franchise Tax Calculation
The Texas Supreme Court on Wednesday pushed an energy company to explain why the Texas tax code would make it eligible for a refund for bunker oil sold in the Lone Star State, asking where it should look in the law to create a "destination test" for state franchise taxes.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
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September 10, 2025
In Juniper's $14B Sale To HPE, Interim Covenants Were Key
Over the course of more than a decade, Juniper Networks had been on and off the block several times, but bids never quite matched the board's sense of the company's worth, Amr Razzak, the Skadden partner who led the team advising Juniper, told Law360.
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September 10, 2025
Vehicle Cosmetics Co. Sues Over AI-Voice Suit Threats
A manufacturer of vehicle wax and wash products has sued a voice actor in Texas federal court, seeking a declaration that he doesn't have a claim for misappropriating his likeness, saying a rogue employee created an artificial intelligence-generated version of his voice and that no revenues were derived from it.
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September 10, 2025
3rd Circ. Seeks Standing Specifics In Website Tracking MDL
The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 10, 2025
Massachusetts Grocery Chain Ousts CEO In Power Struggle
The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.
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September 09, 2025
CVS Says Takeda Tried To Block Heartburn Drug Competition
Drugmaker Takeda Pharmaceutical Co. Ltd. and other entities engaged in a "horizontal conspiracy and agreement" to restrain competition in the U.S. market for the acid reflux drug Dexilant and its generic equivalents, CVS Pharmacy Inc. alleged in a complaint filed in California federal court Tuesday.
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September 09, 2025
Shein, Designers Resolve IP, RICO Dispute Over Copying
Shein has reached a settlement with a group of independent designers accusing the ultra-fast fashion company of copyright infringement and racketeering, according to a notice filed Monday in California federal court.
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September 09, 2025
Hemp Interests Drop Challenge To Louisiana THC Law
A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.
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September 09, 2025
PTAB Leader Urges Specificity In Discretionary Denial Briefs
The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.
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September 09, 2025
7th Circ. Questions Decertifying Amazon Makeup Try-On Class
Two judges on a Seventh Circuit panel seemed skeptical Tuesday that individual location questions or the risk of a substantial damages award require reversing a district court decision certifying a 160,000-member class in a biometric privacy suit targeting a virtual makeup try-on feature in Amazon's app.
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September 09, 2025
Ky. Judge Pauses Suit Over CFPB's Small-Biz Loan Rule
A Kentucky federal judge on Tuesday paused a banking industry lawsuit challenging the Consumer Financial Protection Bureau's small business lender data collection rule while the agency works to revamp the Biden-era measure.
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September 09, 2025
Mich. Judge OKs Auto Mogul's $19M Bid To Reclaim Assets
A Michigan federal judge on Tuesday allowed a Detroit-area auto parts manufacturer to buy assets in a sale held by his own trust as part of efforts to satisfy a years-old $775 million judgment against it, finding the businessman didn't interfere with the sale or flout a court sales procedure order.
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.
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September 09, 2025
Hoodie Co. Wants $3.6M In Fees After Trial Loss Overturned
A sweatshirt maker wants $3.6 million in attorney fees from a rival after a $21 million judgment that forced it into bankruptcy was overturned by the Federal Circuit in July, saying the judgment was based on meritless allegations all along.
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US
Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
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September 09, 2025
Eye Care Co. Sold Misbranded Products, Suit Says
A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.
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September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator
The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
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September 09, 2025
NY Pot Regulator Says Lawmakers Must Fix Proximity Issue
The head of New York's cannabis regulatory agency said Tuesday that only the state Legislature could cure a recent destabilizing shift in regulatory interpretation that threatens to upend more than a hundred marijuana businesses.
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September 08, 2025
9th Circ. Axes Ruling Trader Joe's 'Weaponized Legal System'
A California federal judge hastily found that Trader Joe's cooked up borderline-frivolous theories of trademark infringement to punish union organizers, the Ninth Circuit held Monday, finding that union merchandise looks "strikingly similar" to the grocer's well-known logo.
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September 08, 2025
Walgreens Fired Pharmacy Heads After Union Vote, Suits Say
Two ex-pharmacy managers have accused Walgreens of firing them for refusing to spy on their employees amid a campaign to unionize at a store in southwest Washington state, according to two new lawsuits launched in federal court in the Evergreen State.
Expert Analysis
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Ultra-Processed Food Claims Rely On Unproven Science
Plaintiffs' arguments that ultra-processed foods are responsible for the nationwide increase in certain chronic illnesses, though a novel approach to food-based personal injury claims, depend on theories that are still being tested, say attorneys at DLA Piper.
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.