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Retail & E-Commerce

  • August 28, 2025

    IP Notebook: 'Lazy Reaction' Vids, Lafufus, Proud Boys TM

    In this round of emerging copyright and trademark issues, Law360 delves into "lazy reaction video" lawsuits from YouTube creators who accuse others of pilfering video views, and the attempt by the creator of Labubu plush dolls to get ahead of the "Lafufu" knockoff craze.

  • August 28, 2025

    NJ Borough Sues American Dream Mall Over Sunday Sales

    A New Jersey borough sued a major East Rutherford mall owner, its main tenant and other parties in state court over the mall allegedly violating the state's ban on selling certain items on Sundays, urging the court to block the main tenant's retail operations and to declare the mall's premises and the sale of the banned products to be public nuisances.

  • August 28, 2025

    Medical Pot Cos. Sue To Shutdown Most Of Pa.'s Hemp Market

    Medical marijuana dispensaries owned by Jushi Inc. are asking a Pennsylvania state court to block local retailers from selling and distributing a range of intoxicating hemp products, claiming these illicit shops are "deceiving consumers and unlawfully diverting sales" away from their licensed businesses.

  • August 28, 2025

    DOJ Seeks Kroger Patient Data In Opioid FCA Probe

    The U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices.

  • August 28, 2025

    Cincoro Tequila Falls Short Of 'Gold Standard,' Suit Says

    Cincoro tequila isn't truly 100% agave under authenticity and quality regulatory standards, but instead contains significant amounts of ethanol "not derived from agave plants," a proposed class action filed in Florida federal court alleges.

  • August 28, 2025

    Mylan Must Face Generic Drug Price-Fixing Claims In MDL

    A Pennsylvania federal judge shot down most of Mylan's request for an early win in multidistrict litigation claiming price-fixing of the generic antidepressant clomipramine, finding sufficient evidence for the company to have to face direct buyers' claims at trial, but trimming claims that it inflated the drug's price at CVS.

  • August 28, 2025

    Cannabis Biz Says Long Island Town Illicitly Blocked Opening

    A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.

  • August 28, 2025

    ByteDance Buyback To Bring $330B Value, And More Rumors

    A planned employee share buyback by ByteDance could value the company at $330 billion, the Pinault family is reaching out to potential buyers for the German sports apparel brand Puma SE, and Canada Goose might be up for sale by its private equity owner Bain Capital. Here, Law360 breaks down these and other notable rumors from the past week.

  • August 28, 2025

    Sycamore Closes $24B Walgreens Deal, Replaces CEO

    New York-based private equity firm Sycamore Partners has completed its $24 billion acquisition of Walgreens Boots Alliance Inc., and the pharmacy chain named a new CEO, the companies announced Thursday.

  • August 28, 2025

    NFL, Teams Defend Stay In Licensed Merch Monopoly Case

    The NFL, its 32 teams and Fanatics have asked a New York federal court to maintain a stay on a lawsuit that accuses them of colluding to monopolize online sales of league-licensed merchandise, arguing the outcome of a similar lawsuit is relevant to its litigation.

  • August 27, 2025

    Google Expert Says Its Disclosures Avoid 'Cognitive Overload'

    Google's user-interface expert witness testified Wednesday in a multibillion-dollar data privacy case that Google's decision not to tell users up front that it collected some information despite an activated privacy switch was "good UI design" that protected users from "cognitive overload."

  • August 27, 2025

    Buyers Drop State Claims In Target Deceptive 'Clean' Label Suit

    A proposed class of consumers alleging Target's Clean range of beauty products actually contain chemicals harmful to humans and the environment agreed Wednesday to voluntarily dismiss their specific state law claims without prejudice.

  • August 27, 2025

    Alter Domus Says Mogul Blocked Bidders From Asset Sale

    In a seemingly rare move, an administrative agent seeking fulfillment of an award worth hundreds of millions of dollars challenged an auto mogul's purchase of his own trust's assets through a judicial sale, with an attorney arguing Wednesday that the $19 million sale is significantly lower than the assets' value and was made without a fair bidding process.

  • August 27, 2025

    Stew Leonard's, Cookie Co. Face Trimmed Allergy Death Case

    Grocery chain Stew Leonard's and a manufacturer must face punitive damages and product liability claims by the estate of a professional dancer who ate mislabeled cookies and died from an allergic reaction, but both companies won't have to face stand-alone wrongful death claims under a separate statute, a Connecticut judge has ruled.

  • August 27, 2025

    2nd Circ. Partially Revives Suit Over Peloton COVID-19 Sales

    A split Second Circuit panel Wednesday revived a shareholder suit accusing Peloton of intentionally misleading investors to believe that its pandemic-era spike in demand was sustainable, finding that three statements at issue in the complaint are actionable.

  • August 27, 2025

    Target Warehouse Workers Sue Over Unpaid Walking Time

    Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.

  • August 27, 2025

    Chancery Pressed For Faster Track In Skechers Doc Suit

    Citing post-deal deadlines for share appraisal demands, attorneys for Skechers USA Inc. stockholders asked Delaware's chancellor on Wednesday for an emergency reargument on expediting a books and records demand suit, saying that the court's "more leisurely" timetable might have overlooked the urgency.

  • August 27, 2025

    IP Atty Beats Temu's Claims He Lied To Bag Settlements

    A Massachusetts federal judge has dismissed Chinese e-commerce platform Temu's lawsuit accusing a California intellectual property attorney of lying to secure settlements for his clients, but the judge refused Wednesday to sanction Temu and its counsel at WilmerHale and Keker Van Nest & Peters LLP for filing a frivolous suit.

  • August 27, 2025

    Investors Push 4th Circ. To Revive Auto Parts Fraud Suit

    Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.

  • August 27, 2025

    CVS To Pay $12M To Settle Mass. Medicaid Overbilling Claims

    CVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday.

  • August 27, 2025

    Former Workers Can Be Experts In FTC's Amazon Prime Trial

    A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.

  • August 27, 2025

    FTC Calls Judge 'Fundamentally Mistaken' On Media Matters

    The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.

  • August 27, 2025

    CoStar Says Copyright Claims Against CREXi Can't Wait

    CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.

  • August 27, 2025

    No Coverage For Voluntary Phishing Payments, Insurer Says

    A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-owner were voluntary and thus excluded by its policy.

  • August 27, 2025

    Boehringer Wins Another Zantac Cancer Trial In Ill.

    An Illinois state court jury sided with Boehringer Ingelheim on Wednesday in a man's lawsuit claiming over-the-counter Zantac use contributed to his colorectal cancer development, adding another tally on the German drugmaker's list of victories over similar accusations.

Expert Analysis

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.

  • A Path Forward For Colo. Pot Products After Failed Safety Test

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    As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill

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    As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • How NY's FAIR Act Mirrors sa¹ú¼Ê´«Ã½ State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Cosmetic Co. Considerations As More States Target PFAS

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    In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

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