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Retail & E-Commerce
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March 28, 2025
Fashion Groups Urge Justices To Hear Discovery Rule Fight
Fashion trade associations have thrown their support behind a shoe designer who wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying there needs to be more predictability in copyright law.
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March 28, 2025
Walgreens Can't Trim Agent's Overtime Lawsuit
Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.
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March 28, 2025
Kroger, Albertsons Appeal Block Of $24.6B Merger
Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.
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March 28, 2025
Gordon Rees Adds Experienced IP Litigator Outside DC
An experienced intellectual property attorney has made the move to Gordon Rees Scully Mansukhani LLP in northern Virginia after a stint as a solo practitioner.
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March 28, 2025
Taxation With Representation: Norton Rose, Latham, Ashurst
In this week's Taxation With Representation, Dollar Tree sells its Family Dollar business to private equity firms, eye care company Alcon buys medical technology company Lensar and Ithaca Energy PLC buys the U.K. subsidiary of Japan Petroleum Exploration Co. Ltd.
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March 27, 2025
FTC Seeks Amazon Execs' Financials For Prime Renewal Suit
The Federal Trade Commission urged a Washington federal court to make several Amazon executives hand over an accounting of their assets and liabilities, saying the financial information was essential for determining civil penalties in its lawsuit accusing the e-commerce giant of trapping consumers into renewing Prime subscriptions.
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March 27, 2025
Chase Sued Over Alleged Political 'Debanking' Of Fla. Biz
A Florida company alleged in a suit on Thursday that JPMorgan Chase Bank is unlawfully blocking payments the company is trying to make to a manufacturer based on "wholly unsubstantiated and false" claims that the company's leader has Russian mafia ties and participated in interference of the 2016 presidential election.
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March 27, 2025
9th Circ. Revives Monsanto Roundup Expiration Label Fight
Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.
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March 27, 2025
Shade Store Customers Seek Class Cert. In Deceptive Ad Suit
A pair of Washington residents are seeking to certify a class of thousands of consumers in a case alleging The Shade Store violated Washington's consumer protection law with fake buy-now ads.
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March 27, 2025
Fed. Circ. Orders New Trial In Roland Drum Kit Patent Dispute
The Federal Circuit says a jury in Miami will have to take another look at a nearly decadelong fight over electric drumming patents, deciding on Thursday to wipe out the entirety of a $4.6 million verdict the Japanese audio tech giant Roland Corp. won against a U.S.-based rival.
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Fla. Judge OKs FTC To Unfreeze Assets In E-Commerce Suit
A Florida federal judge authorized the Federal Trade Commission to unfreeze bank accounts controlled by an Ohio man accused of defrauding e-commerce platform users out of $14 million provided he gives certain financial disclosures, but kept a temporary restraining order precluding business operations in place for now.
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March 27, 2025
Target Settles Antitrust Claims Against Visa Over Swipe Fees
Target Corp. and Visa have settled a yearslong antitrust dispute accusing the card company of being part of an illegal anticompetitive scheme that forced merchants to pay excessive fees when customers pay with credit or debit cards, according to a stipulation filed Thursday in New York federal court.
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March 27, 2025
Google, Apple Staff Want Out Of Testifying In FTC-Meta Case
Current and former employees of Google, Apple, TikTok, X Corp., Snap and Epic Games asked a D.C. federal judge Wednesday to quash subpoenas seeking their live testimony in the Federal Trade Commission's upcoming antitrust trial against Meta Platforms, arguing their taped depositions make the burden of testifying unnecessary.
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March 27, 2025
German Paper Co. Can't Dodge $268M Duty Evasion Suit
A German paper producer once again failed to escape nearly $270 million in unpaid duties and interest Thursday when the U.S. Court of International Trade ruled that the company's various corporate mutations do not remove it from the jurisdiction of U.S. courts.
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March 27, 2025
WordPerfect Software Co. Settles 'Alludo' TM Suit In Wash.
The company behind the 1990s word-processing application WordPerfect has settled a Washington-based education technology firm's lawsuit accusing it of stealing a trademarked name for a 2022 revamp, ending the case ahead of an early April trial date in Seattle federal court.
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March 27, 2025
FCC Ready To Explore Earth-Based Backstop For GPS
The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.
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March 27, 2025
Nu Skin Can't Avoid Distributor Dispute In Wash. Court
The Washington Supreme Court said Thursday that Nu Skin Enterprises Inc. can't jettison a case in Washington state court and force product distributors to go to Utah to settle claims that the multilevel marketing company violated a Washington law against pyramid schemes, in a question that had split lower appellate courts.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
CFPB Says It Will Scrap Buy Now, Pay Later Policy
The Consumer Financial Protection Bureau will withdraw guidance that asserted buy-now, pay-later products were subject to some of the same federal safeguards as traditional credit cards, the regulator said in a court filing in a suit challenging the interpretive rule.
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March 27, 2025
Minn. Pot Regulators Submit Proposed Rules For Retail Sale
The Minnesota Office of Cannabis Management, or OCM, has submitted draft rules for the retail sale of adult-use cannabis products to an administrative law judge for final approval.
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March 27, 2025
Guo Trustee Settles Clawbacks From Versace, Firms
The Chapter 11 trustee handling convicted Chinese exile Miles Guo's estate has asked a Connecticut bankruptcy judge to approve 10 clawback settlements with Hodgson Russ LLP, BakerHostetler, luxury retailer Versace and others, ending claims totaling $8.6 million but keeping the terms under wraps for six months.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
Expert Analysis
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.