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Retail & E-Commerce
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October 20, 2025
Campbell's Hit With $17M Verdict In Store Rack Patent Case
An Illinois federal jury has returned a $17 million verdict against soup maker Campbell's in litigation over patents covering gravity-operated racks found in grocery aisles, according to a judgment docketed Monday.
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October 20, 2025
Calif. Credit Cardholders Can't Get Swipe Fee Case Do-Over
A New York federal judge who was recently assigned to a putative interchange fee class action lawsuit from California cardholders against Visa, Mastercard and major banks in long-running multidistrict litigation has denied their motion for reconsideration of another judge's reconsideration denial.
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October 20, 2025
Drugmakers Say Conn. Law Illegally Extends Beyond State
A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.
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October 20, 2025
Vape Co. Can't Resume Selling 'Breeze' Products
A New Jersey hookah and vape company suffered two setbacks in its legal battle over the "Breeze" trademark, with a Michigan federal judge refusing to lift a court order blocking it from using the mark and throwing out its counterclaims against the rival who initiated the litigation.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
Lord & Taylor Hit With $1.3M Judgment In Gucci IP Case
Gucci has won a $1.3 million judgment in a suit accusing retailer Lord & Taylor of selling counterfeit handbags designed to look like Gucci's bags without permission.
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October 20, 2025
Mission Foods Says 2 Tortilla Cos. Ripped Off Its Branding
Mission Foods' parent company has filed a trademark infringement lawsuit in California federal court, accusing two companies in the Golden State and Texas of ripping off its Mission name and logo when selling tortillas online and through the messaging application WhatsApp.
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October 20, 2025
Emergency Tariffs Unlawfully Unprecedented, Justices Told
The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Court Tosses Constitutional Challenge To Md. Pot Licensure
A Maryland federal judge on Monday dismissed a cannabis entrepreneur's constitutional challenge to the state's social equity marijuana licensure program, saying the U.S. Constitution's dormant commerce clause does not apply to cannabis.
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October 20, 2025
Trade Court OKs Gov't Nixing Duties On Chinese Tile
The U.S. Department of Commerce correctly found composite tile from China outside the scope of duties ordered on imported ceramic tile after twice failing to support its determination with sufficient evidence, according to an opinion issued by the U.S. Court of International Trade on Monday.
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October 20, 2025
Bridal Shop Says Insurer Can't Avoid Fire Coverage Suit
A bridal shop that won a $38 million judgment against a contractor following a fire at a neighboring property told a New York federal court that the contractor's insurer can't hide behind a default judgment it obtained against its policyholder in a prior suit to avoid the shop's coverage action.
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
Fragrance Co. Cuts $26M 'Icebreaker' Deal In Price-Fixing Suit
A proposed class of direct purchasers asked a New Jersey federal judge Friday to preliminarily sign off on International Flavors and Fragrances Inc.'s $26 million settlement, the first "icebreaker" deal cut in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.
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October 17, 2025
Audible Users Blocked From Using Calif. Law In Privacy Row
A pair of Audible customers can't sustain claims that the audiobook provider violated California's wiretap law on allegations it shared their browsing and listening activities with Meta Platforms Inc. because they agreed to litigate any disputes under Washington law when they signed up for the service, a federal judge in Seattle held in tossing the proposed class action for now.
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October 17, 2025
Altria, Juul May Face Certified 'Frankenstein' Antitrust Class
A California federal judge indicated on Friday that he will likely certify classes of direct and indirect purchasers accusing e-cigarette makers Juul and ex-rival Altria of violating antitrust laws by conspiring to reduce product variety on the market, although Altria's lawyer urged the judge to reconsider and avoid a "Frankeinstein" for damage calculations.
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October 17, 2025
Bankers Lobby Warns Of 'Operational Crises' From Penny Halt
A banking industry group on Friday urged leaders of the Federal Reserve and the U.S. Department of the Treasury to swiftly address "operational crises" the institutions say have arisen from a policy restricting penny deposits at coin terminals as the U.S. phases out the one-cent coin.
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October 17, 2025
Electronic Co. Tells Justices Trump Tariffs Are The Emergency
Emergency tariffs imposed by President Donald Trump are creating extraordinary economic threats under a law that was intended to protect U.S. retailers from such harm, a Virginia-based electronics company told the U.S. Supreme Court on Friday.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
$2.25M Deal In Lighting Co. ESOP Suit Gets Initial Nod
A California federal judge gave the initial OK to a $2.25 million settlement that aims to shutter a former lighting company worker's class action claiming the business mismanaged a $25 million asset ownership sale that established its employee stock ownership plan.
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October 17, 2025
Fed. Circ. Backs Noninfringement Ruling In Fence Patent Case
The Federal Circuit on Friday wouldn't revive an Ohio-based outdoor product company's lawsuit accusing a Texas rival of infringing various fencing patents, finding nothing was wrong with the way the lower court interpreted key terminology in the patent.
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October 17, 2025
Latham To Bring On 3 Restructuring Pros From Ropes & Gray
Latham & Watkins LLP announced Friday that it will be adding three restructuring partners from Ropes & Gray LLP, including one who steered that firm's business restructuring practice.
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October 17, 2025
MGA Fights New Trial On Damages In Doll TM Case
Toy maker MGA Entertainment wants to appeal a California federal judge's decision calling for a new jury trial to consider whether to award punitive damages to hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris over a line of dolls called L.O.L. Surprise O.M.G.
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October 17, 2025
Pennsylvania Auto Parts Co. Sued Over Loading Dock Fall
A Pittsburgh auto parts warehouse employee moved a loading dock plate while a delivery driver had her back turned, causing her to fall into an unseen gap and severely injure her shoulder, according to a lawsuit seeking to hold Rohrich Automotive Group and affiliates liable for the incident.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Tips For Companies Crafting Tariff Surcharge Disclosures
As the Trump administration imposes tariffs on imports, retail businesses considering itemizing tariff-related costs separately for consumers must ensure that any disclosures are both accurate and defensible to avoid regulatory enforcement or private suits, says Christopher Cole at Katten.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.