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Retail & E-Commerce
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
Amazon Beats 'Flawed' Suit Over Prime Video Ads, For Now
A Washington federal judge Friday tossed a putative class action over Amazon's recent introduction of commercials on its Prime Video streaming service, saying the lawsuit rests on a "flawed premise" that subscribers ever purchased an ad-free viewing package.
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February 07, 2025
Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks
The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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February 07, 2025
Customs Broker Pleads Guilty To Wire Fraud, Tax Evasion
A customs broker pled guilty Friday in California federal court to evading $1.5 million in taxes and overcharging clients about $5.4 million in import duty fees as part of a plea agreement he reached with the U.S. Department of Justice.
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February 07, 2025
Auctioneer Of 'Unknown' Van Gogh Wins $215 Bidder's Fight
An auction service was within its rights to halt in-progress bidding for what one woman claims could be a "previously unknown" Vincent van Gogh painting because Connecticut law presumes auctions can be shut down before the hammer falls unless other terms are stated, a state court judge has ruled.
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February 07, 2025
Amazon To Pay $3.95M To End DC Tip Fraud Suit
Amazon will pay $3.95 million to resolve a lawsuit the Washington, D.C., attorney general launched accusing the company of misleading consumers to believe that all of the tips they left went directly into drivers' pockets, a Friday news release said.
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February 07, 2025
Too Early To Challenge RI Pot License Plan, Judge Finds
A Rhode Island federal judge has dismissed two suits challenging the state's social equity cannabis licensing program, saying the Rhode Island Cannabis Control Commission hasn't set its rules yet, so the issue isn't ripe for judicial review.
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February 06, 2025
Atlanta Can't Dodge Suit Over Foiled Starbucks Development
The City of Atlanta can't dodge allegations from a property owner that it illegally condemned a disused fast food joint, and in doing so foiled his plans to redevelop the land into a Starbucks coffee shop, a Georgia federal judge said Thursday.
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February 06, 2025
Buyers Want Kratom Cos. Addiction Suit To Go On
Two California kratom manufacturers shouldn't be allowed to escape a lawsuit claiming they failed to warn about the "highly addictive" nature of their products, a proposed class of consumers argued, pointing to a podcast where a company executive suggested their products were more potent than morphine.
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February 06, 2025
Illinois Judge Extends Hold On Swipe Fee Law To More Banks
An Illinois federal judge on Thursday expanded a preliminary injunction against Illinois' controversial swipe fee law, adding out-of-state banks to the list of financial institutions shielded from having to comply with the law when it takes effect later this year, while declining to add federal credit unions to the list.
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
EIP Grows US Team With 2 Pranger Law Attys
Global intellectual property firm EIP said Wednesday it has hired two attorneys from Pranger Law PC, including the head of its patent prosecution team.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
Texas' Google Ad Tech Trial Delayed From March To August
A Texas federal judge has pushed back the trial date for a group of Texas-led states' antitrust suit against Google over its digital advertising business, moving the scheduled start from March to August.
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February 06, 2025
Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit
A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.
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February 06, 2025
Pot Co. Jushi Can't End Rival Shop's Antitrust Claims
Cannabis distributor Jushi Holdings could plausibly be shown to have taken advantage of a Massachusetts town's retail marijuana permitting process and conspired with the sellers of a shop it purchased in 2021 to block a competitor from opening nearby, a Massachusetts federal judge ruled.
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February 06, 2025
Judge Tosses Heat-Wicking Patent Suit Against Columbia
A Colorado federal judge has issued a final judgment siding with Columbia Sportswear Co. in textile manufacturer Cocona Inc.'s case accusing Columbia of infringing a patent for heat-wicking technology.
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February 06, 2025
2nd Circ. Clears Up 'Blurry' Trade Dress Standard
The Second Circuit on Thursday revived a dispute between motorcycle helmet designers as it clarified a key legal standard in trade dress infringement cases.
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February 06, 2025
Meta Eyes Texas Skies, Another Crypto IPO, And More Rumors
Facebook owner Meta Platforms Inc. is considering relocating its legal residence to Texas, while cryptocurrency exchange Bullish is moving forward on an initial public offering, and Unilever PLC is eyeing New York as a listing destination for its ice cream business.
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February 06, 2025
Mobility Scooter Co. Gets Nod For $2.1M Deal In ESOP Fight
A Pennsylvania federal judge gave initial approval to a $2.1 million deal Thursday that would resolve a class action claiming a mobility scooter company invested funds from its employee stock ownership plan into dismally performing Treasury bills and cash equivalents.
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February 06, 2025
Mich. Man's Challenge To LA Pot Social Equity Program Axed
A California federal judge has dismissed with prejudice a Michigan man's suit challenging Los Angeles' social-equity cannabis-licensing scheme, finding he can't claim the program is unconstitutional because the dormant commerce clause does not apply to the federally illegal interstate cannabis market.
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February 05, 2025
Tillis Takes Over Senate IP Subcommittee Again
Sen. Thom Tillis, R-N.C., will again lead the U.S. Senate subcommittee overseeing intellectual property, while Sen. Adam Schiff of California will be debuting as the subcommittee's top Democrat.
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February 05, 2025
House Republicans Target CFPB's Small-Biz Rule For Repeal
House Republicans at a Wednesday hearing sought to build momentum for reversing the Consumer Financial Protection Bureau's small-business loan data rule, casting it as harmful to smaller banks while Democrats argued the real danger is the Trump administration itself.
Expert Analysis
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Best Practices To Find Del. Earnout Provisions That Hold Up
Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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Penn State Brand Case Leaves Ornamentality Unresolved
While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.