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Retail & E-Commerce
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February 18, 2025
Bath & Body Works Sues Over 'Abysmal' Fulfillment Service
Bath & Body Works filed suit Tuesday against a commercial fulfillment vendor that allegedly provided "abysmal service" for years at its Atlanta-area fulfillment center before rejecting Bath & Body Works' attempts to terminate its service contract, refusing to cooperate on a transition and rushing to forum shop in a related lawsuit.
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February 18, 2025
Discover Can't Get Judge To Rethink Decision In Risk Case
A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.
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February 18, 2025
Jury Awards Nearly $4M In Lawnmower Patent Trial
A jury in Delaware federal court has found that power equipment company Techtronic Industries Co. Ltd. willfully infringed five lawnmower patents by China-based rival Chervon (HK) Ltd. and failed to prove that any of them were invalid, awarding just under $4 million as a reasonable royalty but declining to issue damages for lost profits or price erosion.
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February 18, 2025
Studies Don't Show Zantac Cancer Risks, Jury Hears
Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.
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February 18, 2025
IPhone Buyers Can't Get Apple DOJ Docs Before Discovery
Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.
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February 18, 2025
Pepsi, Frito-Lay Accused Of Favoring Chains With Chip Prices
PepsiCo and Frito-Lay are illegally favoring Walmart, Target and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses, a pair of California convenience stores alleged in a proposed class action filed in Golden State federal court.
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
Developer Sues To Force Fla. Village Into Dispute Resolution
A developer whose plans to build workforce housing in Bal Harbour, Florida, have been thwarted by the upscale village has sued the village, claiming it failed to participate in a dispute resolution proceeding required under a state law allowing property owners to challenge government actions.
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February 18, 2025
Stanley Black & Decker Says Tumbler Maker Violated TM Deal
Stanley Black & Decker sued the maker of the popular "Stanley" tumbler, claiming in its federal complaint filed Tuesday that Pacific Market International LLC ignored obligations under a trademark agreement to use the brand name in a restricted manner and may have earned billions of sales through infringing activities.
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February 18, 2025
Calif. Bill Takes Aim At Online Hemp, Cannabis Sales
California state Senator Scott Wiener has introduced a bill to restrict the online sale of unlicensed hemp and cannabis products in the state, saying the illicit market is hampering the state's licensed, legal market for products.
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February 18, 2025
Pot Co. Alliance Adds Class Claims To DC Dispensaries Suits
A group of medical cannabis companies is adding class claims to suits it has filed against companies it alleges are acting as illegal recreational dispensaries in anticipation of consolidation of the suits.
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February 18, 2025
NY Broadens Tax Break Guidelines For Development Projects
New York state broadened guidelines for determining whether some economic development projects may be eligible for property and sales tax exemptions based on the level of a project's on-site child care services under clarifying legislation signed by Democratic Gov. Kathy Hochul.
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February 18, 2025
Jones Day Leads Sherwin-Williams On $1.15B Brazil Paint Buy
Jones Day is guiding Cleveland-based Sherwin-Williams Co. on a new deal to buy the Brazilian architectural paints business of BASF Group, advised by Linklaters and Machado Meyer, for $1.15 billion in cash.
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February 18, 2025
Baker Botts Partner Says Inventor's Atty Is Threatening Her
A Baker Botts LLP lawyer being sued over her comments in a news article about a patent suit against Starbucks Corp. accused opposing counsel of threatening her in an email exchange over the details of a deposition.
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February 18, 2025
Connecticut Art Business Seller Says Buyer Owes $2.3M
A Wisconsin-based retailer that purchased an art marketing and distribution company from a family trust in 2019 has failed to make a $2.3 million payout based on its 2020 performance, according to a lawsuit in Connecticut state court.
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February 18, 2025
RBI Takes Control Of Burger King China, Seeks Local Partner
Restaurant Brands International Inc. said Tuesday it has bought out two equity shareholders in Burger King China to amass nearly 100% of the business but will now search for a local partner to become Burger King China's controlling shareholder.
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February 18, 2025
Pot Retailers Want Mass. City To Refund 'Impact Fees'
Three cannabis retailers in the Boston suburb of Newton are seeking a refund of approximately $2 million in what they say were "clearly and unequivocally unlawful" fees paid to do business there, according to a lawsuit filed in state court.
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February 14, 2025
Judge Slams The Brakes On Peloton Bike Recall Claims
A New York federal judge threw out, for now, a proposed investor action alleging Peloton overstated the safety of its bikes before 2.2 million products were recalled over a bike seat defect, ruling that the shareholders haven't adequately alleged the exercise company made any misleading statements.
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February 14, 2025
Uber Starts Antitrust Food Fight With DoorDash
DoorDash Inc. has devised an unlawful scheme to stifle competition with its main rival, Uber Eats, by forcing restaurants to exclusively work with DoorDash to manage their in-house deliveries, which hikes costs for restaurants and customers, Uber Technologies Inc. alleges in a lawsuit filed Friday in Golden State court.
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February 14, 2025
Joy Dish Soap Deal Caused $12M Loss, Manufacturer Claims
Alleging $12 million in losses, Michigan-based manufacturer N.V. Labs Inc., which does business as the Reforma Group, has sued Connecticut private equity firm Piney Lake Capital Management LP on allegations it dirtied a deal to produce Joy dish soap through a subsidiary after buying the brand from Procter & Gamble.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
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February 14, 2025
SmileDirectClub Trustee Gets OK To Hire Orrick
The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.
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February 14, 2025
Supreme Court Asked To Rule On Fee Award After TM Mistrial
A cosmetics distributor that was sued for trademark infringement and lost has asked the U.S. Supreme Court to determine whether attorney fees and costs awarded to the prevailing party should have been trimmed to account for a default judgment that was reversed and a mistrial attributed to the plaintiff's counsel.
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February 14, 2025
Judge Says Class Waited Too Long For Home Depot Fee Suit
A Georgia federal judge has granted Home Depot an early win over a proposed class action alleging overcharges on tool rentals, ruling that the plaintiffs waived their claims by failing to provide written notice of disputed charges within the contract's 25-day deadline.
Expert Analysis
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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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.