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Retail & E-Commerce
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February 27, 2025
Abbott Beats Ill. Customers' Similac Metals Suit
Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.
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February 27, 2025
Starbucks, Patent Exec Reach Deal In Atty Defamation Case
A patent-licensing company executive and Starbucks Corp. on Thursday settled a defamation suit over statements made by an attorney for Starbucks just days after the plaintiffs fired back on the company's attempt to exit the suit.
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February 27, 2025
Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic
Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.
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February 27, 2025
DC AG Says 25 Unlicensed Pot Shops Have Been Shut Down
The Washington, D.C., attorney general on Thursday announced that 25 unlicensed cannabis retailers have been shut down as a result of the district's efforts to enforce its cannabis regulations over the last six months.
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February 27, 2025
Anthropic Could Hit $62B Valuation, And More Deal Rumors
AI startup Anthropic is close to securing funding at a $61.5 billion valuation, Bain Capital is mulling a sale of Rocket Software at a $10 billion valuation, and various additional private equity players are considering transactions across food, healthcare and finance. Here, Law360 breaks down these and other notable deal rumors from the past week.
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February 27, 2025
DraftKings To Pay $10M In NFT Proposed Class Settlement
DraftKings Inc. will pay $10 million to users of the sports betting site who owned nonfungible tokens offered through its marketplace, according to a proposed settlement in the putative class action.
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February 26, 2025
Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL
A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.
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February 26, 2025
Wash. Biz Group Fears Amazon Loss In Price-Gouging Suit
Washington's largest business group is siding with Amazon's bid to dismiss a proposed class action alleging price-gouging during the COVID pandemic, in an amicus brief Wednesday that said consumers want to impose a flawed reading of consumer protection law that would leave businesses in limbo guessing what is fair or unfair.
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February 26, 2025
Lindell Says Defamation Jury Should See 118-Page Attack Doc
My Pillow Inc. CEO Mike Lindell has urged a Colorado federal court to admit a highly critical 118-page opinion document into former Dominion Voting Systems executive Eric Coomer's upcoming defamation trial, though Coomer has called the document "hearsay within hearsay."
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February 26, 2025
COVID Plausible Cause For Tire Price Hikes, Judge Says
Consumers, dealerships and other tire purchasers will need more than claims of pretextual explanations for price hikes by Bridgestone, Goodyear, Michelin and other producers after an Ohio federal judge dismissed the "unsupported conclusion" that the pandemic doesn't explain their claims of consolidated price fixing.
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February 26, 2025
Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud
The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.
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February 26, 2025
Joann To Wind Down Operations After Judge Approves Plan
A Delaware bankruptcy judge on Wednesday approved renowned fabric and crafts retailer Joann Inc. to wind down its operations after a "global consensus" was reached among the debtor, lender and creditors committee, allowing the 80-year-old chain to hold going-out-of-business sales.
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February 26, 2025
38 AGs Push For Crackdown On Organized Retail Crime
A bipartisan coalition of attorneys general from 38 states and territories is urging Congress to take legislative action against organized retail crime, warning in a new letter that the problem has reached unprecedented levels and is straining state enforcement resources.
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February 26, 2025
Party City Approved To Sell IP, Assets For $20.6M In Ch. 11
A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.
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February 26, 2025
Dollar Tree Reaches Deal To Exit Manager's FMLA Suit
Dollar Tree struck a deal to resolve a former manager's lawsuit accusing the company of interfering with her rights under the Family and Medical Leave Act when she asked to take time off to care for her disabled son, a filing in Pennsylvania federal court said.
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February 25, 2025
Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims
Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them.
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February 25, 2025
Walgreens Inks $595M Deal To End COVID-19 Testing Suit
Walgreens Boots Alliance Inc. has agreed to pay $595 million to a lab testing and diagnostics company to put to rest a dispute over COVID-19 tests, according to a Monday filing with the U.S. Securities and Exchange Commission.
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February 25, 2025
GreenSky Loan Class Action Certified In Calif. Court
A California federal judge has granted class certification to consumers suing GreenSky Inc. over alleged unlawful loan transaction fees, finding that expert analysis showed merchants likely passed these fees onto borrowers, but also granted summary judgment to the lending company on claims related to performance fees over the lack of evidence that consumers had to pay them.
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February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit
The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
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February 25, 2025
WestRock Blamed For Toxic Vapors In Worker's Injury Suit
The WestRock packaging company has been hit with a negligence suit in Washington federal court by a worker who claims exposure to fumes from a chemical spill while doing repairs at a Pacific Northwest paper mill caused him to suffer a collapsed lung and later be diagnosed with a tumor.
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February 25, 2025
GoDaddy, Tech Co. Quietly Agree To Kill Antitrust Suit
The world's largest domain registrar, GoDaddy, has come to terms with the company behind an antitrust suit claiming that it blackballed the tech company from its platform, according to documents filed recently in Virginia federal court.
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
Kroger Seeks More Sanctions For Prolific Consumer Atty
Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
FTC Wins Discovery Spat In Amazon Prime Subscription Suit
A Washington federal judge won't force the Federal Trade Commission to share with Amazon discussions during past rulemaking about the scope of a federal law protecting online shoppers from deceptive billing, concluding for a second time that such information is irrelevant to whether the company's Prime subscription practices are illegal.
Expert Analysis
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.