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Retail & E-Commerce
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February 12, 2025
Joann To Close Over 500 US Stores In Second Ch. 11
Joann Inc., a fabrics and crafts retailer that reentered bankruptcy in January, asked a Delaware bankruptcy judge Wednesday for permission to close more than 500 underperforming stores throughout the country that the company said potential buyers of the business aren't interested in taking on.
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February 12, 2025
Fried Frank Faces Sanctions Bid Over RICO Suit
Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds."
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February 12, 2025
Meta User Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
KPMG Taps Walmart Executive For General Counsel
A top executive for Walmart is leaving the retail giant at the end of the month to join the leadership ranks of KPMG LLP, one of the Big Four accounting firms, as general counsel.
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February 12, 2025
$180M Deals In Poultry Process Wage-Fixing Row Get First OK
A Maryland federal judge gave her blessing to several settlements totaling approximately $180 million in a suit accusing a slew of poultry companies of conspiring to keep wages low at their plants, greenlighting what the workers called "a historic recovery."
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February 12, 2025
Starbucks Accused Of Flouting Mass. Polygraph Hiring Law
Starbucks is ignoring a Massachusetts law requiring employers to inform job-seekers that the state doesn't allow the use of lie detector tests in employment decisions, according to a putative class action filed in state court.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
Kratom Producers Hid 'Addictive' Risks, Consumers Say
Companies that make kratom are facing a proposed class action in New York federal court over sales of kratom, standing accused of not disclosing that the substance is just as addictive as opioids.
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February 11, 2025
High Court Urged To Skip Amazon Patent Program Fight
A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.
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February 11, 2025
Orion Telescope Partly Revives $4M Fraudulent Transfer Suit
A California appellate court on Monday partially revived Orion Telescope's suit accusing rival Celestron Acquisition of orchestrating a fraudulent $4.2 million transfer to help another company avoid paying a judgment owed to Orion, ruling that Orion indeed adequately alleged conspiracy or aiding and abetting a fraudulent transfer.
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February 11, 2025
Logan Paul Co. Won't Fight Messi's Absence In Drink IP Suit
Logan Paul's company told a New York federal judge it won't object to Lionel Messi's absence in an upcoming settlement conference in a trademark dispute due to the soccer legend's unavailability, after Messi's counsel claimed Monday the demand for the athlete's attendance appears to be designed "solely to harass" him.
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February 11, 2025
Patent Attys Can Be Liable For Fees Too, Justices Told
The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
FTC Says Small Stores Pay Southern Glazer's Up To 67% More
The Federal Trade Commission's price discrimination case against Southern Glazer's accuses the wine and spirits distributor of routinely charging small retailers up to 67% more for the same products as large chain stores, according to newly unsealed redactions.
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February 11, 2025
Conn. High Court Won't OK Claims Of Relational Loss Of Child
The Connecticut Supreme Court ruled Tuesday that state law does not recognize a cause of action for loss of filial consortium, answering a question from a federal judge who was overseeing a product liability case against Target Stores Inc. and the maker of an infant car seat that caught fire, severely injuring a baby.
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February 11, 2025
Olaplex Can't Escape IPO Investors' Formula Change Suit
Olaplex and some of its executives must face investor claims that the company's initial public offering documents did not disclose the European Union had banned a controversial ingredient known as lilial, which would impact Olaplex's main product offering, but the IPO underwriters and selling stockholders were allowed to escape the suit.
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February 11, 2025
Former Marvel Exec Sues Disney For 'Old White Guy' Bias
The former co-president of Marvel Entertainment has filed a discrimination lawsuit in California state court alleging he was passed over for a promotion to lead the consumer products division of parent company Disney because he is an "old white guy."
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February 11, 2025
DC Circ. Won't Pause Google Search Case For Apple Appeal
The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.
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February 11, 2025
Fed. Circ. Revives Patent Suit Against Groupon
A Patent Trial and Appeal Board ruling that invalidates some claims of a patent does not prevent the patent owner from asserting different claims in court, the Federal Circuit has ruled, finding that a lower court wrongly dismissed a patent suit against Groupon Inc.
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February 11, 2025
Plaintiff Firm Sues More THC Makers In Potency Class Action
A pair of attorneys has hit another set of cannabis companies with a proposed class action in Illinois federal court, alleging they are selling goods that go beyond state limits on THC in cannabis-infused products.
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February 11, 2025
Starbucks Fights Fla. Defamation Suit Over Atty's Statements
Coffee giant Starbucks Corp. wants out of a lawsuit brought by a patent-licensing company executive's defamation lawsuit, arguing its attorney was not speaking for the company when she made allegedly defamatory statements in an October news article.
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February 11, 2025
Jones Day Gets Amazon Atty For Energy Practice In Houston
Jones Day has hired an attorney who previously worked as senior corporate counsel at Amazon and as an in-house lawyer for Chevron Phillips Chemical to strengthen its energy practice group.
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February 11, 2025
Lane Bryant Worker Can't Get $1.15M Wage Deal OK'd
A California federal judge refused to greenlight a $1.15 million deal that would have resolved a stylist's Private Attorneys General Act suit against fashion company Lane Bryant, saying the settlement does not disincentivize the company from acting illegally and devalues the wage and hour claims.
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February 10, 2025
Judge Refuses To Certify '70s Rockers' Royalty Class Action
A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.
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February 10, 2025
Apple Urges 9th Circ. Not To Revive Web App Antitrust Suit
Apple asked the Ninth Circuit on Friday to affirm a lower court's dismissal of a case from iPhone buyers accusing it of violating antitrust law by preventing iPhones from running web-based apps, saying the suit alleges a "highly indirect and speculative" harm that's not even an antitrust injury.
Expert Analysis
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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.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.