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Retail & E-Commerce

  • October 15, 2025

    Munchkin Wants $3.9M Sippy Cup Verdict Boosted To $8.2M

    Munchkin Inc. has asked an Illinois federal court to award it almost $8.2 million in damages after a jury last month said baby product maker TOMY International owes it $3.9 million for infringing a pair of patents on a spill-proof cup.

  • October 15, 2025

    Consumer Says Nail Fungus Product Falsely Marketed

    A North Carolina man hit Arcadia Consumer Healthcare Inc. with a proposed class action in federal court accusing the company of falsely advertising that its product Fungi-Nail is meant to treat nail fungus, although the fine print on the back label says otherwise.

  • October 15, 2025

    Hertz Must Face Investors' Claims Over EV Statements

    Car rental giant Hertz Global Holdings Inc. can't completely shed securities fraud claims over its statements that it was seeing strong demand for electric cars that artificially boosted stock prices, a Florida federal judge has ruled, while also dismissing other claims in the proposed class action.

  • October 15, 2025

    Lender Sues For Access To High-Tech Kiosks After Default

    A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.

  • October 15, 2025

    Geico Says Cos. Owe $415K For Fraudulent Med Gear Scheme

    A group of Geico auto insurers told a New York federal court that they are entitled to recoup $415,000 from companies that they allege submitted hundreds of fraudulent no-fault insurance claims, totaling over $1.25 million, for unnecessary durable medical equipment.

  • October 15, 2025

    Phone-Maker Oppo Wants Out Of Apple Trade Secret Case

    Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.

  • October 15, 2025

    Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit

    A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.

  • October 15, 2025

    Atty Fights Walgreens Sanction Bid In Georgia Bias Suit

    A former pharmacist suing Walgreens for discrimination asked a Georgia federal judge to reject the chain's sanctions bid against her attorney, saying the chain did not give the lawyer enough time to respond to a series of communications that led to the motion for sanctions.

  • October 15, 2025

    Fed. Circ. Affirms ITC Ruling That Brita Filter Patent Is Invalid

    The Federal Circuit on Wednesday let stand the U.S. International Trade Commission's decision that a Brita LP water filter patent is invalid, affirming a finding that the patent wasn't adequately described and that it didn't enable someone to make the invention.

  • October 15, 2025

    TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder

    The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.

  • May 22, 2025

    Fed. Circ. Says Professor Lacks Standing To Fight Rapunzel TM

    The Federal Circuit on Thursday backed the Trademark Trial and Appeal Board's rejection of a professor's challenge to a "Rapunzel" trademark as a consumer of fairy tale toy characters, saying the board properly used a framework laid out by the U.S. Supreme Court.

  • October 14, 2025

    Apple Judge May Decertify Antitrust Class, But Not Toss Case

    A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.

  • October 14, 2025

    Full Fed. Circ. Won't Revisit Dumbbell, Database Patent Cases

    The Federal Circuit on Tuesday issued orders rejecting requests for full court scrutiny of separate panel decisions that saved a dumbbell patent owned by PowerBlock Holdings Inc. and that revived Google's challenges to patent claims covering database systems.

  • October 14, 2025

    Relief Concerns Grow As Sectoral Tariff Actions Build

    Importers' hopes for relief from industrywide tariffs are lagging alongside the trade deals President Donald Trump is trying to broker for some goods, while the administration's accelerated rollout of sectoral levies is also stoking concerns the government may be hamstringing its onshoring goals.

  • October 14, 2025

    Squires Calls For 2nd Look At PTAB Wins By Visa

    U.S. Patent and Trademark Office Director John Squires has ordered Patent Trial and Appeal Board officials to review final decisions largely backing Visa Inc. in challenges to three credential verification patents, after patent owner Cortex MCP Inc. argued the holdings were flawed.

  • October 14, 2025

    Walmart Pay Transparency Suit Returns To Wash. State Court

    A Washington federal judge returned a proposed wage transparency class action against Walmart Inc. to state court Tuesday, agreeing with the plaintiff that he didn't claim a concrete enough injury for the suit to proceed in federal court.

  • October 14, 2025

    Sunbeam Faces Class Action Over 'Defective' Oster Oven

    Sunbeam Products Inc. is facing a proposed class action in Georgia federal court over Oster-brand French door countertop ovens that were recalled in September due to burn hazards caused by spring-loaded doors that can unexpectedly close and burn users.

  • October 14, 2025

    ​​​​​​​Visa, MasterCard To Pay Combined $199.5M In Fraud Risk Suit

    Visa Inc. and MasterCard International Corp. have agreed to pay a combined $199.5 million to resolve a nearly decade-old certified class action accusing the credit card giants of conspiring to dump fraud risk costs on merchants, according to documents filed in New York federal court.

  • October 14, 2025

    EU Fines Fashion Brands €157M For Price Maintenance

    The European Commission has fined fashion companies Gucci, Chloé and Loewe a total of €157 million ($182.2 million) for allegedly breaching the bloc's competition rules by restricting the retail prices of their products.

  • October 10, 2025

    Judge Dubious Of Amazon Shoppers' Slow Shipping Zone Suit

    A Washington federal judge cast doubt Friday on a group of Amazon Prime subscribers' argument that variability in delivery time by ZIP code amounts to an unfair business practice, highlighting data that suggests packages sometimes take longer than two days to arrive regardless of the purchaser's address.

  • October 10, 2025

    Ill. AG, Retailers Will Split Swipe-Fee Law's Defense At Hearing

    A Chicago federal judge has agreed to allow a coalition of merchant groups to take part in a key hearing later this month that could decide a banking industry legal challenge to the Illinois Interchange Fee Prohibition Act, a law banning swipe fees on tax and tip payments.

  • October 10, 2025

    Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'

    A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.

  • October 10, 2025

    Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit

    The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.

  • October 10, 2025

    More Gun Rights Groups Take Aim At National Firearms Act

    Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.

  • October 10, 2025

    Bed Bath & Beyond $1.95M ERISA Deal Gets Final OK

    A New Jersey federal judge signed off on a $1.95 million class action settlement resolving claims that the administrators of Bed Bath & Beyond Inc.'s 401(k) savings plan shortchanged employees after the retailer's bankruptcy-triggered plan termination.

Expert Analysis

  • 4 Steps To Designing Effective Survey Samples For Trial

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    The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Keys To Extended Producer Responsibility Compliance

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    As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • IPO Suit Reinforces Strict Section 11 Tracing Requirement

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    A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Privacy Policy Lessons After Google App Data Verdict

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    In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Recent Precedent May Aid In Defending Ad Tech Class Actions

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    An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • How Fashion, Tech Can Maximize New Small Biz Tax Breaks

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    Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

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