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Retail & E-Commerce
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March 04, 2025
Chinese Theme Park Co. Can't Nix Investors' 'Hellscapes' Suit
A California federal judge will allow investors' securities fraud claims against a Chinese amusement park operator to proceed, finding they plausibly claimed that the company inflated visitor numbers and financials for its park, causing an 89% stock price decline when the truth was eventually revealed.
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March 04, 2025
Rite Aid Agrees To Pay $6.8M In Deal Over 2024 Data Breach
Rite Aid has agreed to a $6.8 million settlement to resolve proposed class action claims it failed to prevent a cyberattack that compromised over 2 million customers' highly sensitive information, offering up to $10,000 per claimant for documented losses, a preliminary approval order filed Tuesday in Pennsylvania federal court states.
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March 04, 2025
Mariano's Managers Fight Bid To Decertify Class In OT Row
Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
4th Circ. Finds No Harm In Facebook Ads For Young Renters
The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.
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March 04, 2025
Alcon, Lens.com Settle 7-Year Trademark Fight In NY
Alcon and Lens.com informed a New York federal judge Tuesday that they've agreed to resolve their long-running trademark dispute over claims that Lens.com was reselling some of Alcon's products without authorization.
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March 04, 2025
Target Can't Pause Warehouse Workers' Wage Suit
Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.
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March 04, 2025
Reynolds Wrap Maker Must Face 'Made In The USA' Case
A New York federal judge declined to dismiss a proposed class action accusing the maker of Reynolds Wrap of misleading consumers with its "Made in U.S.A" label, saying the plaintiff properly alleged the statement led her to pay a premium price for the product.
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March 04, 2025
After 'Historic Low' In 2023, Number Of ITC Cases Soar In 2024
The U.S. International Trade Commission saw a significant uptick in disputes last year, according to a Tuesday report by a firm that represents expert witnesses used in litigation.
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March 04, 2025
NY Creates Framework For County Tax On Short-Term Rentals
New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.
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March 04, 2025
Movie Theaters Left Credit Card Info On Receipts, Suit Says
The Massachusetts owner of a small chain of movie theaters in Connecticut and Rhode Island left credit card expiration dates on customers' receipts in violation of federal law, a proposed class action filed Monday alleges.
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March 04, 2025
Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.
The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.
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March 04, 2025
Former Fried Frank Antitrust Partner Joins Davis Polk
Davis Polk & Wardwell LLP announced it has hired a former Fried Frank Harris Shriver & Jacobson LLP antitrust attorney as a partner in its antitrust and competition practice in New York.
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March 03, 2025
Curaleaf Says Ex-VP Can't Be Kicked From C-Suite She Wasn't In
Curaleaf Holdings Inc. has pushed back on a discrimination lawsuit filed by a former executive who claims she was forced out of the company, arguing not only did it not retaliate against her by ejecting her from the C-Suite but that she was never actually a part of it.
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March 03, 2025
Nike Says Lululemon Owes $2.8M As Shoe Patent Trial Begins
Nike opened a $2.8 million trial on Monday by telling a New York federal jury that athletic apparel maker Lululemon was only able to enter the shoe market by infringing Nike footwear manufacturing patents, while Lululemon suggested Nike's suit is aimed at hindering a key rival.
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March 03, 2025
Apple Gets ICloud Monopoly Suit Tossed For Now
Apple has convinced a California federal judge to toss a proposed class action accusing it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones, at least temporarily.
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March 03, 2025
Tobacco, Cannabis Cos. Score Partial Wins In TM Fight
An Arizona federal court judge has issued a mixed ruling on dueling summary judgment bids in a trademark lawsuit over a tobacco company and a cannabis company's shared use of the word "Raw" in branding.
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March 03, 2025
Calif. Farm Sues Tenn. Sheriff Over $3.9M In Destroyed Hemp
A California hemp farm is suing a Tennessee sheriff's department, alleging that a deputy wrongly arrested a driver who was carrying $3.9 million in legal hemp and had it destroyed.
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March 03, 2025
Fed. Circ. Tosses Appeal In Card Payment Patent Dispute
The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
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March 03, 2025
Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law
A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.
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March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected
A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
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March 03, 2025
10th Circ. Backs CPSC In Challenge To New Magnet Rule
The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.
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March 03, 2025
High Court Declines Souvenir Store's TM Fraud Case
The U.S. Supreme Court said Monday it will not consider a Florida souvenir store chain's challenge to a Second Circuit decision shutting down its case that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.