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Retail & E-Commerce
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
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August 15, 2025
LA Judge Upholds $2M Award In Cannabis Investment Battle
A Los Angeles state court judge upheld a $2.25 million judgment against the manager of a medical marijuana collective accused of defrauding an investor, chastising him for "never even" attempting to bring in key evidence that would allegedly help his case.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Nursing Home Pharmacy Co. Hits Ch. 11 With $51M Sale Plan
Partners Pharmacy Services LLC, which provides medications to patients in long-term care facilities across seven U.S. states, has filed for Chapter 11 protection in Texas, with plans for an asset sale to its prepetition lender, who is an existing indirect owner, for a $51 million credit bid.
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August 14, 2025
Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute
Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.
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August 14, 2025
ATF Says Ban On Buying Handguns Out Of State Is Valid
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives asked a Texas federal judge to shoot down a bid from a gun store to overturn the federal ban on citizens purchasing handguns outside their state of residence, saying the law has historic backing.
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August 14, 2025
PTAB Axes Most Claims In Signify Lighting Patent
The Patent Trial and Appeal Board has found that most of the claims in a Signify Holdings BV lighting patent challenged by Luminex International Co. Ltd. and home improvement chain Menard Inc. were invalid.
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August 14, 2025
Rumble's Ad Boycott Suit Tossed For Now
A Texas federal court tossed Rumble's antitrust case against the World Federation of Advertisers and others after finding the claims about a boycott of the video-sharing site, after it refused to follow safety standards, have no connection to the state.
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August 14, 2025
Wilcox Case Dims Amazon NLRB Injunction Hopes At 9th Circ.
A Ninth Circuit panel appeared unlikely Thursday to block the National Labor Relations Board from pressing a case against Amazon, as judges noted the company appears to already have the prize its suit seeks: an end to the bar on the president removing NLRB members.
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August 14, 2025
Fed. Circ. Upholds Hoverboard Co.'s Design Patent Loss
An Illinois federal judge properly followed the Federal Circuit's orders when throwing out an infringement suit over hoverboard designs, the appeals court affirmed Thursday.
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August 14, 2025
Ex-Market Basket Execs Banned From Co. Sites Amid Feud
A Massachusetts judge on Thursday barred two former Market Basket executives from returning to any of its stores or headquarters amid a fight for control over the regional supermarket chain, three days after the company went to court to enforce no-trespassing orders.
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August 14, 2025
Beef Consumers Settle With Cargill In Price-Fixing MDL
Beef consumers have disclosed a new settlement in a consolidated Minnesota federal court litigation accusing major beef producers of price-fixing, resolving their piece of the case against Cargill.
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August 14, 2025
Cargill's $4M Deal Advances In Turkey Price-Fix Case
An Illinois federal judge on Thursday granted his initial approval to a $4 million deal Cargill has reached with commercial and institutional indirect purchaser plaintiffs in antitrust litigation accusing poultry producers of conspiring to pad the price of the bird, saying the amount provides "tangible and substantial" relief to the class.
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August 14, 2025
Bob's Discount Furniture Could Go Public, And Other Rumors
Bob's Discount Furniture may boast about its "Oh My Bob" low prices in TV ads, but the retailer's quirky marketing and expanding e-commerce have helped boost sales to roughly $2 billion last year — a performance that a Wall Street Journal report said could support a $1 billion IPO.
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August 14, 2025
Insurer Avoids Bad Faith Claims In $2M Vandalism Case
A California state court dismissed a property owner's claims that its insurer refused in bad faith to cover nearly $2 million in vandalism losses after its tenant, a cannabis cultivator, ended its lease, but found the owner's breach of contract claim can still proceed to trial.
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August 14, 2025
Rite Aid Gets More Bids For Leases, Properties In Ch. 11
Drugstore chain Rite Aid told a New Jersey bankruptcy judge on Thursday that it has secured another roughly $76 million in bids for leases and property across the country as the debtor works to sell its assets in Chapter 11.
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August 14, 2025
Hemp Sellers Can Challenge NY Raids Outside Court
An administrative law judge has ruled that a group of hemp sellers can raise constitutional challenges in administrative proceedings over raids they say were illegally conducted by New York's Office of Cannabis Management.
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August 13, 2025
Dick's Sporting Goods Suit Should Be Trimmed, Judge Says
A Pennsylvania federal judge has recommended trimming a shareholder class action that claims Dick's Sporting Goods misled investors about inventory levels and losses because of theft after the COVID-19 pandemic, finding that some of the suit's challenged statements are forward-looking and inactionable, among other things.
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August 13, 2025
David Protein Tees Up Bid To Toss Ingredient Antitrust Suit
David Protein told a New York federal judge on Wednesday that a lawsuit accusing the trendy bar maker of violating antitrust law should be tossed, saying in a letter that a group of low-calorie food companies still could not cure legal deficiencies the court previously flagged, despite twice amending their complaint.
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August 13, 2025
Whole Foods Battles Dismissal Bids In $1M Asbestos Suit
Grocery giant Whole Foods aimed to fend off dismissal bids Wednesday from a shopping plaza owner and landlord, telling the North Carolina Business Court that it sufficiently alleged contract breaches that led to asbestos entering one of its stores.
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
Colo. AG To Stay Enforcement Of Gas Stove Labeling Law
The Colorado Attorney General's Office agreed to stay enforcement of a recent law mandating that a health warning be placed on all gas stoves until a resolution is reached on a forthcoming request for preliminary injunction by a trade association, which claims the law is unconstitutional.
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August 13, 2025
Edible Arrangements Asks 11th Circ. To Revive Trademark Suit
Attorneys for Edible Arrangements on Wednesday urged the Eleventh Circuit to overturn the dismissal of its trademark infringement suit against 1-800-Flowers, arguing a lower court wrongly found the action was barred by a prior settlement between the parties related to similar conduct.
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August 13, 2025
Gun Rights Orgs. Drop NJ Gov. From Suit Over Age Limits
Two firearm-ownership advocacy groups and a New Jersey teen seeking to invalidate prohibitions on teens buying and carrying handguns have dropped New Jersey Gov. Phil Murphy from their lawsuit, choosing to focus on other state officials and U.S. Attorney General Pam Bondi.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
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.
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Franchise Group Dispute Reflects Rising Intercreditor Suits
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.
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A Path Forward For Colo. Pot Products After Failed Safety Test
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.
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The Legal Risks Of US Restrictions On Investments In China
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.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
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.
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Series
Playing Poker Makes Me A Better Lawyer
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.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
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.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
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.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
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.
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How NY's FAIR Act Mirrors sa¹ú¼Ê´«Ã½ State Recommendations
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.
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How Mass Arbitration Defense Strategies Have Fared In Court
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.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
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.
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Cosmetic Co. Considerations As More States Target PFAS
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.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
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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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.