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Retail & E-Commerce

  • October 21, 2025

    11th Circ. Revives Fla. Slip-And-Fall Case Against Walmart

    The Eleventh Circuit on Tuesday revived a Florida man's slip-and-fall lawsuit against Walmart, finding that the lower court wrongly drew inferences in Walmart's favor about whether store employees should have foreseen the puddle in the aisle that caused the man's back injuries.

  • October 21, 2025

    Fed. Circ. Upholds Coca-Cola Win In Drink Dispenser IP Case

    The Federal Circuit on Tuesday backed a Georgia federal court's finding that Coca-Cola's Freestyle drink dispensers do not infringe a patent on a beverage machine that can recognize users and pour customized drinks.

  • October 21, 2025

    Beauty Exec Wants $40M Set-Aside After $1B L'Oreal Sale

    The former president of a Connecticut beauty brand that L'Oreal bought for around $1 billion wants the company to secure $40 million in case she wins her lawsuit claiming she is owed a much bigger slice of the proceeds.

  • October 21, 2025

    9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit

    Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.

  • October 21, 2025

    J&J Appeals $25M Loss In Conn. Builder's Asbestos Case

    Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.

  • October 20, 2025

    SpaceX Settles Cards Against Humanity's $15M Trespass Suit

    SpaceX and Cards Against Humanity have settled the Chicago-based game company's $15 million suit accusing SpaceX of trespassing and dumping trash and machinery on a once-pristine Texas property that Cards Against Humanity purchased to block President Donald Trump's U.S.-Mexico border wall.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Bankruptcy Courts May Offer Relief For Tariff-Driven Distress

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    The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.

  • How 2nd Circ. Cannabis Ruling Upends NY Licensing

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    A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • How Sustainability Reporting Changed In The 1st Half Of 2025

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    Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • How 9th Circ. Customs Ruling Is Affecting FCA Litigation

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    The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    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.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

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    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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