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Retail & E-Commerce
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October 24, 2025
'Rehashed' Arg Sinks Wholesaler Bid To Revive Antitrust Suit
A California federal judge refused Thursday to rethink permanently dismissing a retail wholesaler's antitrust lawsuit against a rival, reiterating that customers could easily end allegedly exclusive arrangements, and declined to consider an asserted change in Ninth Circuit law because that change was raised without observing government shutdown procedures.
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October 24, 2025
Generic-Drug Makers Want Conn. Price Cap Blocked During Suit
A trade group for generic and biosimilar drugmakers is asking a Connecticut federal judge to block the state's new drug price cap during the pendency of its challenge, saying it illegally controls prices on sales made outside the state.
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October 24, 2025
Trump Ends Canada Trade Talks Over Ontario's Reagan Ad
President Donald Trump said he ended trade negotiations with Canada because of an advertisement by Ontario's provincial government featuring critical remarks about tariffs by President Ronald Reagan.
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October 24, 2025
Amazon Stole Delivery Driver Restroom Routing IP, Suit Says
Amazon.com Inc. was accused of stealing another company's technology that can route delivery drivers to nearby restrooms, after entering a nondisclosure agreement during discussions of the product.
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October 24, 2025
Conn. High Court Snapshot: Discipline Powers Top Docket
When the Connecticut Supreme Court reconvenes Monday, it will consider two appeals with ramifications for the way attorneys are disciplined in the state and take up a wage case against Amazon that it previously punted due to a lawyer's family emergency.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
'Civility' A Concern As IP Atty Asks To Depose Party Suing Her
A Florida federal magistrate judge overseeing discovery in a patent licensing company executive's defamation suit against a Baker Botts LLP intellectual property litigator told the parties Thursday that she's inclined to appoint a special master to oversee depositions in the case to ensure "the appropriate decorum and civility."
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October 23, 2025
Retailer To Pay $4.8M To End AGs' Membership Fee Claims
An online retailer has reached a $4.8 million deal ending a multistate consumer protection probe asserting the company deceptively enrolled customers in paid membership programs, charged them high monthly fees, then tried to keep them from canceling their memberships.
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October 23, 2025
Adidas Hid Ye's Hate Speech From Investors, 9th Circ. Told
Adidas investors urged the Ninth Circuit on Thursday to revive allegations that the sportswear giant failed to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, arguing that executives hid evidence of his "raging" antisemitism, like his proposal for a swastika shoe design.
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October 23, 2025
Split DC Circ. Won't Lift Block On FTC's Media Matters Probe
A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.
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October 23, 2025
Google Rips $425M Privacy Verdict As Users Seek $2.4B More
A class of some 98 million cellphone users who won a $425 million jury verdict finding that Google unlawfully collected their information asked a California federal judge to make the tech giant disgorge another $2.36 billion, while Google asked the court to dismantle the class and vacate the verdict.
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October 23, 2025
Walgreens Urges Pretrial Win In Shelf Space Fight
Electronics accessories manufacturer Zeikos Inc. should not be allowed to take its product placement contract suit against Walgreens to trial because it's clear Zeikos misinterpreted sales data that spurred an agreement the company itself never fully satisfied, the pharmacy retailer argued Wednesday.
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October 23, 2025
Triumph Tries Again To Dump Pork Price-Fixing Claims
Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.
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October 23, 2025
Ga. Justices Question 'Tesla Carveout' In Direct Car Sales Ban
Georgia's Supreme Court justices appeared to harbor reservations Thursday about the viability of a state ban on car manufacturers engaging in direct-to-consumer sales, thanks in part to a "Tesla carveout" that allowed the leading electric vehicle maker to continue operating its own dealerships.
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October 23, 2025
Telehealth Ketamine Provider Hit With Wrongful Death Suit
Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
Columbia University Wants Out Of Sportswear Trademark Suit
Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Whole Foods Strikes Deal To End Calif. Pregnancy Bias Probe
Grocery giant Whole Foods Market has struck a deal with the California Civil Rights Department to resolve a worker's allegations that she was illegally fired after seeking pregnancy-related accommodations, the agency announced Wednesday.
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October 22, 2025
'Danger Zone': 9th Circ. Judge Warns Atty Battling L'Oreal
A Ninth Circuit judge warned an attorney Wednesday he was in a "danger zone" and should have considered never appealing a district court's order throwing out his client's trade secrets case against L'Oreal USA Inc., saying the lower court's finding that his client fabricated evidence puts the attorney in the panel's crosshairs. Â
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October 22, 2025
Monsanto's Roundup Blamed For Husband's Fatal Cancer
A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
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October 22, 2025
4th Circ. Seems Wary Of Under Armour's $100M Coverage Win
The Fourth Circuit didn't seem convinced Wednesday that it should affirm a lower court's finding that government investigations into Under Armour are unrelated to a securities class action against the sportswear company and thus trigger an additional $100 million in directors and officers coverage from Under Armour's excess insurers.
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October 22, 2025
RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive
R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.
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October 22, 2025
StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets Suit
StubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour.
Expert Analysis
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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.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.