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Retail & E-Commerce
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October 29, 2025
'NJWeedman' Asks To Add State To Suit Over City Hall Protest
A Garden State cannabis advocate known as "NJWeedman" is asking a federal court to allow him to add the state of New Jersey and its Cannabis Regulatory Commission as defendants in his existing First Amendment lawsuits against the city of Trenton, which he says retaliated against him after he projected a "Batman-like" protest message on City Hall.
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October 29, 2025
Del. Justices Mull Call To Revive Amazon-Blue Origin Suit
An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.
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October 29, 2025
Where PTAB Institution Reviews Stand As Squires Takes Lead
U.S. Patent and Trademark Office Director John Squires will be maintaining the agency leader's new role of gatekeeper at the Patent Trial and Appeal Board. Here's what to know about his plans and the pushback on them.
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October 29, 2025
Google Loses Bid To Transfer Monopolization Case To Calif.
A Texas federal court has refused Google's bid to transfer a case from Branch Metrics accusing the search giant of monopolizing several markets related to searching on mobile devices to California, where the companies are both headquartered.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
Wash. Judges Probe Starbucks Shareholders' Labor Claims
Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Pa. Barred From Enforcing Medical Dispensary Staffing Rule
A Pennsylvania appellate judge has decided to keep the state from enforcing a rule that says each medical marijuana dispensary must have its own pharmacist, doctor or nurse practitioner available for consultations, until the full Commonwealth Court can hear a challenge claiming the rule oversteps the state's medical marijuana law.
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October 29, 2025
Google, Epic Can't Delay Play Store Injunction Any Longer
A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.
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October 29, 2025
Claire's Gets OK To Exit Ch. 11 After Sale To Ames Watson
Jewelry retailer Claire's on Wednesday won a Delaware bankruptcy judge's approval of a plan to exit Chapter 11 after selling most of its North American business to private equity firm Ames Watson last month.
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October 29, 2025
Full Fed. Circ. Won't Review VirtaMove Venue Cases
The Federal Circuit on Wednesday said it won't rethink its refusal to send back to Texas federal court a pair of suits from a software company accusing Google and Amazon of patent infringement.
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October 29, 2025
Beyond Meat, Rival Headed To Trial After Mixed TM Ruling
Meat substitute maker Beyond Meat Inc. has lost a final attempt to avoid a trademark infringement trial slated to get underway next month in a Massachusetts federal courtroom, following a mixed ruling on cross-motions for summary judgment Wednesday.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Unibrands Says Ex-Pen Co. Heirs Infringing Luxury Brand
Pen manufacturer Unibrands Corp. alleges in New Jersey federal court that the former heirs to Italian fountain pen maker Omas are attempting to "steal the fruits" of the company's labor to revive the luxury fountain pen brand.
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October 29, 2025
Designer's Heirs Fight MillerKnoll's Atty Fees Bid After IP Loss
The heirs of a modernist future designer argued the MillerKnoll furniture company shouldn't get to collect attorney fees after defeating the family's intellectual property claims over designer George Nelson's notable bubble lamps because the case was strong enough to survive a dismissal bid and cannot be characterized as "extraordinarily weak."
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October 29, 2025
Publix Heiress Asks To Quash IRS Summons For Bank Info
An heiress to the Publix grocery store chain asked a Florida federal court to quash an IRS summons seeking her bank information on behalf of Italian tax officials, arguing that the agency's request flouts the Italy-U.S. tax treaty.
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October 29, 2025
Coupon Company Seeks To Halt Class Discovery In TCPA Suit
A coupon book company told a North Carolina federal court Tuesday that a putative class action against it over telemarketing texts will ultimately fail because the North Carolinian who sued signed up for the messages at issue.
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October 29, 2025
'Smart Drugs' Amphetamine Suit Moves Forward Minus Execs
A Washington federal judge declined to trim claims from a former army nurse's suit alleging that Thesis "smart drugs" contained amphetamines without warning consumers, while dismissing her claims against two executives for the company.
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October 28, 2025
CVS, Ad Partner Can't Shake Suit Over User Data Tracking
A California federal judge has refused to release CVS Pharmacy Inc. and a marketing partner from a putative class action accusing them of illegally intercepting personal health information from those who visited the retail chain's website, finding that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers' loss of control of this data caused concrete harm.
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October 28, 2025
9th Circ. Won't Revive IPhone Web App Antitrust Suit
The Ninth Circuit on Tuesday refused to revive Apple customers' proposed antitrust class action alleging that Apple's mobile ecosystem barriers against advanced web-based apps result in higher iPhone prices, ruling they lack standing to seek injunctive relief and that an injunction against Apple likely wouldn't eliminate those barriers.Â
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Insurers Can't Avoid Tanger's COVID Coverage Suit In NC
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its insured interests to its operations in North Carolina.
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October 28, 2025
Adidas Says Email Gaffe Should Revive Thom Browne TM Suit
Adidas told the Second Circuit on Tuesday that four emails that were never turned over by counsel for fashion brand Thom Browne call for the ordering of a new trial because the emails show senior executives discussing "the very issues at the heart of the trial."
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October 28, 2025
Wash. Justices Pick Apart Aeropostale Shopper Discount Suit
The Washington Supreme Court cast doubt Tuesday on an Aeropostale customer's claims over an alleged fake discounting scheme, with one justice noting consumers cannot sue post-purchase just because they didn't get "as good of a deal" as they thought they were getting.
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October 28, 2025
Unsecured Creditors Blast Mountain Sports' Ch. 11 Plan
A pair of unsecured creditors of sports retailer Mountain Sports have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying the plan attempts to split their claims into a separate creditor class to undermine their power in a vote on the plan.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.