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Retail & E-Commerce
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September 10, 2025
Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals
The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.
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September 10, 2025
Long Island Town Hit With Another Pot Shop Suit Over Zoning
The Long Island town of Southampton, New York, was hit with another lawsuit accusing it of weaponizing its zoning to block marijuana shops from opening, with the latest suit claiming it changed its laws at the last minute to prohibit an all but ready-to-open retail shop, wasting hundreds of thousands of dollars the cannabis entrepreneur spent.
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September 10, 2025
Medical Pot Manager Appeals $2M Judgment In Fraud Case
The manager of a medical marijuana collective is appealing a $2.25 million judgment against him after losing a jury trial and a subsequent motion for a new trial in a lawsuit brought by an investor concerning shareholder rights in a cannabis corporation.
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September 10, 2025
Coupang Escapes Securities Suit Over IPO Disclosures
A New York federal judge has dismissed a securities class action against South Korean e-commerce company Coupang Inc., several of its executives and offering underwriters alleging they failed to disclose that Coupang was participating in "illicit practices" and ruled that some of the alleged omissions were publicly available information.
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September 10, 2025
Del. Justices Urged To Revive $10.5B Zendesk Deal Challenge
An attorney for stockholders of software-as-a-service business Zendesk Inc. told Delaware's Supreme Court Wednesday that a conflict at the heart of a challenge to the company's $10.5 billion take-private deal with a private equity consortium was undisclosed at the time of its approval.
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September 10, 2025
Texas Gov. Issues Executive Order On Hemp Products For Kids
Texas Republican Gov. Greg Abbott on Wednesday issued an executive order requiring state agencies to implement rules restricting the sale of hemp-derived psychoactive products to anyone under the age of 21.
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September 10, 2025
Md. Appeals Court Says Psychoactive Hemp Wares Illegal
A Maryland appeals court on Tuesday ruled that products containing psychoactive compounds derived from hemp are illegal, delivering a blow to a coalition of hemp interests that brought a constitutional challenge to the state's recreational marijuana legalization law.
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September 10, 2025
Texas Justices Wary Of Shifting Franchise Tax Calculation
The Texas Supreme Court on Wednesday pushed an energy company to explain why the Texas tax code would make it eligible for a refund for bunker oil sold in the Lone Star State, asking where it should look in the law to create a "destination test" for state franchise taxes.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
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September 10, 2025
In Juniper's $14B Sale To HPE, Interim Covenants Were Key
Over the course of more than a decade, Juniper Networks had been on and off the block several times, but bids never quite matched the board's sense of the company's worth, Amr Razzak, the Skadden partner who led the team advising Juniper, told Law360.
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September 10, 2025
Vehicle Cosmetics Co. Sues Over AI-Voice Suit Threats
A manufacturer of vehicle wax and wash products has sued a voice actor in Texas federal court, seeking a declaration that he doesn't have a claim for misappropriating his likeness, saying a rogue employee created an artificial intelligence-generated version of his voice and that no revenues were derived from it.
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September 10, 2025
3rd Circ. Seeks Standing Specifics In Website Tracking MDL
The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 10, 2025
Massachusetts Grocery Chain Ousts CEO In Power Struggle
The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.
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September 09, 2025
CVS Says Takeda Tried To Block Heartburn Drug Competition
Drugmaker Takeda Pharmaceutical Co. Ltd. and other entities engaged in a "horizontal conspiracy and agreement" to restrain competition in the U.S. market for the acid reflux drug Dexilant and its generic equivalents, CVS Pharmacy Inc. alleged in a complaint filed in California federal court Tuesday.
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September 09, 2025
Shein, Designers Resolve IP, RICO Dispute Over Copying
Shein has reached a settlement with a group of independent designers accusing the ultra-fast fashion company of copyright infringement and racketeering, according to a notice filed Monday in California federal court.
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September 09, 2025
Hemp Interests Drop Challenge To Louisiana THC Law
A cannabis industry group and a wholesaler have asked a Louisiana federal judge to dismiss their lawsuit seeking to block the state from imposing new restrictions on consumables infused with hemp-derived THC.
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September 09, 2025
PTAB Leader Urges Specificity In Discretionary Denial Briefs
The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.
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September 09, 2025
7th Circ. Questions Decertifying Amazon Makeup Try-On Class
Two judges on a Seventh Circuit panel seemed skeptical Tuesday that individual location questions or the risk of a substantial damages award require reversing a district court decision certifying a 160,000-member class in a biometric privacy suit targeting a virtual makeup try-on feature in Amazon's app.
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September 09, 2025
Ky. Judge Pauses Suit Over CFPB's Small-Biz Loan Rule
A Kentucky federal judge on Tuesday paused a banking industry lawsuit challenging the Consumer Financial Protection Bureau's small business lender data collection rule while the agency works to revamp the Biden-era measure.
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September 09, 2025
Mich. Judge OKs Auto Mogul's $19M Bid To Reclaim Assets
A Michigan federal judge on Tuesday allowed a Detroit-area auto parts manufacturer to buy assets in a sale held by his own trust as part of efforts to satisfy a years-old $775 million judgment against it, finding the businessman didn't interfere with the sale or flout a court sales procedure order.
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.
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September 09, 2025
Hoodie Co. Wants $3.6M In Fees After Trial Loss Overturned
A sweatshirt maker wants $3.6 million in attorney fees from a rival after a $21 million judgment that forced it into bankruptcy was overturned by the Federal Circuit in July, saying the judgment was based on meritless allegations all along.
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US
Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Bankruptcy Courts May Offer Relief For Tariff-Driven Distress
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.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
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.
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Parenting Skills That Can Help Lawyers Thrive Professionally
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.
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Class Actions At The Circuit Courts: September Lessons
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.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
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.
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How Sustainability Reporting Changed In The 1st Half Of 2025
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.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
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.
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Union Interference Lessons From 5th Circ. Apple Ruling
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.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
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.
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High Court E-Cig Ruling Opens Door For FDA Challenges
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.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
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.