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Retail & E-Commerce
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March 18, 2025
Forever 21 Moves Ahead With Swift Ch. 11 Plans
Fast-fashion retailer Forever 21 on Tuesday secured a Delaware bankruptcy judge's approval for motions that put it on track to close more than 300 stores and emerge from its second Chapter 11 in June.
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March 18, 2025
NLRB Judge Won't Issue Bargaining Order At Mo. Starbucks
Starbucks violated the National Labor Relations Act once during Workers United's organizing drive at a Missouri store, but the violation wasn't severe enough to have caused the union's loss in a representation election, a National Labor Relations Board judge said, rejecting board prosecutors' request for a bargaining order.
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March 18, 2025
Bank Groups Push For Permanent Block On Ill. Swipe Fee Law
Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.
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March 17, 2025
Yeti Escapes Suit Over Third-Party Info Sharing
A California federal judge has freed Yeti from a woman's proposed class action accusing the cooler and drinkware company of disclosing people's personal and financial information to a payment processor without consent, saying the woman's now twice-amended complaint didn't fix problems the court had previously highlighted.
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March 17, 2025
Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims
A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."
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March 17, 2025
Kroger Shakes Calif. Suit Over Interception Of Website Chats
A California federal judge has refused to hold The Kroger Co. liable for a third party's allegedly unlawful eavesdropping on Kroger website users' chats, in a ruling that the grocery chain's counsel predicted could have a "wide impact" on the crush of state wiretapping litigation currently flooding the courts.
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March 17, 2025
Judge Axes Bid To Recoup Short-Swing Profits In Novel Ruling
A New York federal judge has ruled in a matter of first impression that sporting goods company Clarus Corp. cannot recoup $57 million in short-swing profits a trading firm made from a series of transactions because the high-volume trades fit an exemption for market-making activities.
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March 17, 2025
Singaporean Tech Co. Inks $46M Investor Settlement
Singaporean tech conglomerate Sea Ltd. has reached a $46 million settlement to end a putative securities class action over investor statements that allegedly downplayed massive losses to its video game and e-commerce divisions, according to a filing in Arizona federal court.
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March 17, 2025
Amazon Hit With Greenwashing Suit Over Paper Products
Consumers in four different states have launched a proposed class action against Amazon in Washington federal court, accusing the retail giant of greenwashing its claims about its "Basics" line of paper products and misleading buyers about the sustainability of products whose supply chains are in fact "deeply unsustainable."
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March 17, 2025
Amazon Beats Investor Suit Over Third-Party Seller Practices
A Washington federal judge on Monday tossed a consolidated proposed securities class action claiming Amazon and its top brass duped investors about the company's fulfillment capacity and third-party seller practices, finding the lawsuit doesn't sufficiently allege the executives were deliberately reckless or motivated to deceive shareholders.
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March 17, 2025
Hershey Customer Agrees To End Metals-In-Chocolate Suit
A Hershey customer has agreed to permanently end her suit accusing the confectionery giant of selling dark chocolate products containing dangerous levels of heavy metals, but left open the opportunity for absent proposed class members to pursue claims, according to a notice filed Monday in California federal court.
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March 17, 2025
Gorilla Mind Accuses Rival Of Infringing TM For Energy Drinks
A company that sells energy drinks and dietary supplements called "Gorilla Mind" and "Gorilla Mode" has sued a rival for launching competing products in December with "Gorilla" in the name, alleging it has caused confusion in the energy drink market.
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March 17, 2025
Illinois Cannabis Social Equity Licensee Sued By Backer
A company that backs entrepreneurs qualified for social equity cannabis licenses alleged in a new federal lawsuit that a business owner it partnered with reneged on their agreement when he attempted to sell his retail marijuana license to another party.
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March 17, 2025
Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case
Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.
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March 17, 2025
2nd Circ. Sends Amazon Wage Question To Conn. Justices
The Second Circuit asked Connecticut's top court Monday to weigh in on whether employees are owed pay for their time spent undergoing post-shift anti-theft screenings, saying the state's justices have not yet provided guidance on this matter.
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March 17, 2025
Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M
Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.
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March 17, 2025
Hair Care Co.'s Hair, Face Scans Violate BIPA, Consumer Says
Hair care company Living Proof has been sued in Illinois state court by a consumer who says the company illegally collects and uses customers' biometric hair and face geometry to analyze their hair characteristics and recommend products to buy online.
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March 17, 2025
Auto Mogul Says $150M Note Changes Were For Co.'s Survival
An auto parts manufacturer and its leader have urged a Michigan federal judge to find that they didn't fraudulently change promissory notes worth $150 million to cheat Alter Domus LLC out of payment, telling the court the amendments were made to help the company survive the COVID-19 pandemic.
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March 17, 2025
Forever 21 Hits Ch. 11 Again With $1.6B Of Debt, Sale Plan
Fashion retailer Forever 21's U.S. operator has filed for Chapter 11 protection in Delaware bankruptcy court with $1.58 billion of funded debt and plans to wind down operations at its 354 U.S. stores if it fails to find a last-minute buyer for the business.
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March 14, 2025
11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales
Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.
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March 14, 2025
Dunkin' Nears End To ADA Suit Over Milk Alternative Charges
A California federal judge indicated Friday that she's ready to toss a proposed class action claiming doughnut chain Dunkin' violates the Americans with Disabilities Act by charging extra for beverages with nondairy milk after noting that the chain announced it would no longer charge extra for nonlactose alternatives.
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March 14, 2025
'Final Fantasy' Maker Says Rival Created Copycat Game
Square Enix, the creator behind Final Fantasy, sued a Chinese company in Washington federal court for allegedly releasing an infringing role-playing video game that uses substantial elements of Square Enix's Front Mission – 2089: Borderscape, including characters, game mechanics and visual designs.
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March 14, 2025
Ford Bronco TM Suit Looks Under Hood Of Vintage Market
Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.
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March 14, 2025
Market Turbulence Threatens To Stall IPO Recovery
Stock market volatility is impeding a recovery in initial public offerings that market dealmakers hoped would begin by spring, prompting many IPO lawyers and advisers to defer hopes of a rebound until at least the second half of 2025.
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March 14, 2025
Home Depot Nixes 3rd Lynk Labs Patent Claim At Fed. Circ.
Home Depot U.S.A. Inc. persuaded Federal Circuit judges on Friday to override the Patent Trial and Appeal Board and throw out another claim in a patent issued to a late 1990s tech developer that later pivoted to LED lights.
Expert Analysis
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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.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.