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Retail & E-Commerce
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August 06, 2025
Jewelry Chain Claire's Hits Ch. 11 Again, Will Close 700 Stores
The parent company of jewelry chain Claire's filed for Chapter 11 protection Wednesday for the second time in seven years with $690 million in funded debt and plans to close 700 stores.
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August 05, 2025
Retailer To Face Wiretap, Hacking Claims In Data Sharing Row
A California federal judge has trimmed a proposed class action accusing footwear retailer Rack Room Shoes Inc. of allowing Meta and other third parties to intercept website visitors' personal information, axing a pair of consumer protection claims while permitting revamped federal wiretap and state anti-hacking allegations to proceed.聽
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August 05, 2025
Walmart Largely Snuffs Out Exploding Candle Class Action
An Ohio federal judge has largely thrown out a proposed class action claiming that Mainstays-branded candles sold at Walmart have dangerous defects that can lead to them exploding, finding a long list of deficiencies in the candle purchasers' sprawling complaint.
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August 05, 2025
Grocery Chain Ralphs Wins $7M Employment Bias Trial
A California jury cleared Kroger-owned Ralphs Grocery Co. of liability in a Muslim worker's $7 million bias suit after hearing that the worker simply refused to use the scheduling software to keep his Saturdays free for religious activities and that he had been suspended multiple times for insubordination.
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August 05, 2025
Cannabis Co. Can't Blame Defaults On Neglectful Attorney
A defunct Los Angeles dispensary and its operators cannot undo default entries issued against them by investors who seek more than $325,000, a California state judge has ruled, rejecting the company's attempt to pin the loss on their attorney who "lost track" of the case.
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August 05, 2025
Apple Looks To Nix Consumer Antitrust Case, Decertify Class
Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.
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August 05, 2025
Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent
A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.
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August 05, 2025
Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case
A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.
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August 05, 2025
Google Ad Exchange Rival Follows DOJ With Antitrust Suit
A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.
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August 05, 2025
DC Judge Pauses Walmart Pricing Suit, Citing Chicago Case
A federal judge in the District of Columbia pressed pause on a lawsuit accusing Walmart of charging customers more for certain items at the register than the retailer advertises on its shelves, saying an older Chicago case should be resolved first given its revival last year.
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August 05, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regime
Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.
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August 05, 2025
Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint
The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Disbarred North Carolina Atty Admits To Wire Fraud Scheme
A disbarred lawyer in North Carolina has copped to criminal wire fraud charges stemming from the misuse of his trust account after federal prosecutors said he used escrow funds earmarked for the sale of personal protective equipment to pay back another company.
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August 05, 2025
Zazzle Nabs Win After Judge Cuts Font Copyright Claim
A California federal judge has tossed a copyright infringement claim against online retailer Zazzle over a set of fonts used on its site after previously allowing the claim to stand, finding her earlier order misstated Zazzle's argument.
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August 05, 2025
Amazon, DC AG Seek To Delay Antitrust Trial To May 2027
The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.
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August 04, 2025
Sandwich Seller Owes $32K For Breaching Noncompete Pact
A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.
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August 04, 2025
Vestis Shareholder Drops Suit Over Growth Plan Statements
A Vestis Corp. shareholder on Monday dropped his latest attempt to hold current and former executives and board members liable for allegedly breaching their fiduciary duties by making false and misleading statements about the uniform and workplace supply provider's financial condition and growth prospects.
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August 04, 2025
Michigan Tribe Joins State Cannabis Market
Michigan has signed its first tribal-state compact with the Bay Mills Indian Community, which will give the federally recognized tribe the ability to sell cannabis goods within the state's borders.
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August 04, 2025
4 Firms Build $558M Crypto Treasury With Telegram Token
Guided by Perkins Coie LLP and Brownstein Hyatt Farber Schreck, Verb Technology Co. Inc. announced Monday a $558 million private placement deal to stockpile the Telegram-afflilated TONcoin token.
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August 04, 2025
'Dadbod' Apparel Brand Sues To Cancel Rival's 'GirlDad' TM
Activewear brand DadBod Apparel LLC has filed suit in Ohio federal court seeking to cancel another company's registered "GirlDad" trademark, saying the company fraudulently used the mark to thwart DadBod's sales of gear bearing the slogan, "Support Your Local Girl Dad."
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August 04, 2025
Consumers Want Fees Of $49M From $203M In Chicken Deals
Broiler chicken consumers asked an Illinois federal judge on Monday for about $49 million in attorney fees from two rounds of price-fixing deals they've struck with major producers, matching the settlement percentage to which a Seventh Circuit panel last month found class counsel was entitled.
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August 04, 2025
Rite Aid Seeks $90M Clawback From McKesson
Rite Aid is seeking to claw back about $90 million it paid out聽to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.
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August 04, 2025
Tax Court Declares Grocery Chain's In-House Insurer Ineligible
A grocery store chain's in-house insurance company did not operate as a normal insurer and therefore cannot deduct millions of dollars it received in insurance premiums, the U.S. Tax Court said Monday.
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August 04, 2025
Hemp Org. Applauds Removal Of Ban From Spending Bill
A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.
Expert Analysis
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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 鈥 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鈥檚 authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
鈥淣o comment鈥 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 鈥 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.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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6 Tips For Cos. To Comply With Influencer Gifting Rules
A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.