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Retail & E-Commerce
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January 09, 2025
Kroger Accused By Calif. AG Of Ignoring Opioid 'Red Flags'
California's attorney general has accused The Kroger Co. of ignoring "red flags" of opioid misuse, alleging in a lawsuit lodged in a Los Angeles state court that the supermarket giant dispensed opioids without first questioning the legitimacy of prescriptions.
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January 09, 2025
Amazon Can't Cancel Audible Auto-Enrollment Suit
A Washington federal judge declined to toss a California consumer's proposed class action over Amazon's Audible auto-enrollment practices on Wednesday, emphasizing the plaintiff has now specified she never received any emails outlining the terms of the subscription she was allegedly registered for after redeeming a promotional offer.
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
Credit Card Case Should Have Been Remanded, 7th Circ. Says
An Illinois district court faced with competing motions to remove a credit card receipt dispute from its docket should have returned the suit to state court rather than grant the Army and Airforce Exchange Service's bid to dismiss it, the Seventh Circuit said Wednesday.
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January 09, 2025
Grocers Say Nothing Left To Fight In Colo. Merger Challenge
Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.
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January 09, 2025
Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit
Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.
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January 09, 2025
AI Startup Anthropic Seeks $60B Valuation, Plus More Rumors
Artificial-intelligence startup Anthropic is seeking $2 billion in a new funding round that would value the company at $60 billion, while fashion giant Shein is now eyeing a mid-2025 initial public offering in London and Constellation Energy is lining up a $30 billion bid to acquire electricity provider Calpine. Here, Law360 breaks down the notable deal rumors from the past week.
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January 09, 2025
Kleinbard 'Skill Game' Atty Wins Bid For Lottery Revenue Data
A Kleinbard LLC attorney who represents companies offering "skill games" in Pennsylvania can get a spreadsheet listing how much lottery revenue retailers take in per week compared to the number of skill games they have, after a state appellate court ruled Thursday that the data is a public record and not subject to any exemptions.
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January 09, 2025
DOJ Fights Apple's Intervention In Google Search Remedies
The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.
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January 09, 2025
Body Glove Licensee Surf 9 Files Ch. 11
Florida-based sporting goods seller Surf 9, which says it is the third-largest retailer of paddle boards in the world, has filed for bankruptcy in New York, listing up to $50 million each of assets and liabilities.
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January 08, 2025
USTR Warns Of Risks Posed By Counterfeit Pharmacies
The Office of the U.S. Trade Representative on Wednesday released its latest list of overseas "notorious markets" selling illicit and counterfeit goods, pointing in particular to a boom in counterfeit online pharmacies selling knock-off medications that pose a risk both to public health and businesses' intellectual property interests.
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January 08, 2025
Shareholder Atty Urges Del. Justices To Revive Skechers Suit
An attorney for a shareholder of footwear maker Skechers Inc. told Delaware's Supreme Court on Wednesday that the Court of Chancery had ample reason to keep alive his suit alleging failure to control insider use of corporate aircraft for personal travel that the court dismissed instead.
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January 08, 2025
EPA Slams $535M Talc Settlement In Whittaker's Ch. 11
The U.S. government objected to a $535 million settlement that bankrupt talc supplier Whittaker Clark & Daniels reached regarding talc claims in its New Jersey Chapter 11 case, saying the deal was built on faulty estimates of the company's environmental liabilities.
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January 08, 2025
ATF Says Loophole Rule Passes 2nd Amendment Smell Test
The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.
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January 08, 2025
Judge Reverses His Own Ruling In Chicago Hotel Zoning Fight
An Illinois federal judge ruled against the owners of a historic Chicago hotel Tuesday, dialing back an earlier victory he had granted them last year in a zoning suit against the city.
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January 08, 2025
Epic Gets Backing For Google App Store Changes
Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
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January 08, 2025
Canadian Payment Systems Co. Hits Ch. 15 As It Seeks Buyer
Vancouver-based Felix Payment Systems Ltd. has filed a Chapter 15 petition in North Carolina with CA$19 million ($13.2 million) in liabilities, saying it needs to shield its assets from creditors as it moves to restructure through Canadian insolvency proceedings.
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January 08, 2025
T-Mobile-UScellular Deal Won't Hurt Wireless Market, FCC Told
T-Mobile's $4.4 billion plan to buy spectrum and lease cell towers from UScellular appears likely to benefit consumers, a free-market think tank told the Federal Communications Commission as public interest groups continue to fight the deal.
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January 08, 2025
Google Still Has To Face Users' Mobile App Privacy Suit
Google is facing the prospect of another trial, this time over allegations it secretly tracked millions of Google app users' browsing and ad interactions, after a California federal judge rejected the tech giant's bid for summary judgment.
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January 08, 2025
Shoppers Say Kroger Merger Suit Still Alive After Nixed Deal
Consumers challenging the abandoned merger between Kroger Co. and Albertsons urged a California federal court not to toss their case despite two court injunctions against the deal, arguing that they have effectively prevailed on their antitrust claims and should get an injunction and attorney fees.
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January 08, 2025
Fed. Circ. Wrestles With China Tariff Authority Limits
Attorneys for both importers and the government faced pointed questions from a Federal Circuit panel Wednesday, as the judges tried to understand the limits of U.S. tariff authority and whether a huge chunk of Trump-era levies on Chinese goods went too far.
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January 08, 2025
Arbitrator In Virus Coverage Case Wasn't Biased, Panel Says
A New York state appeals panel affirmed a trial court's decision refusing to disqualify a Pillsbury Winthrop Shaw Pittman LLP partner as an arbitrator in proceedings between a Zurich unit and the operator of Saks Fifth Avenue over coverage for COVID-19 losses.
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January 08, 2025
MLBPA Unit Drops NIL Suit Against Pirates, Store Chain
A unit of the Major League Baseball Players Association has dropped a Pennsylvania federal lawsuit that accused the Pittsburgh Pirates and a local convenience store chain of exploiting the names, images and likenesses of team players in marketing materials.
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January 07, 2025
Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement
Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.
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January 07, 2025
'Cyber Trust Mark' To Soon Adorn Smart Devices, Gov't Says
The makers of internet-connected devices such as home security cameras and voice-activated assistants will soon be able to obtain a label to certify that their products meet certain cybersecurity standards, under a new program officially launched by the Biden administration Tuesday.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.