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Retail & E-Commerce
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August 15, 2025
Ohio Justices Back Landlord In Speedway Store Leases Suit
The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.
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August 15, 2025
Amazon Keeps Damages Expert For FTC's Prime Case
A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."
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August 15, 2025
Post Holdings Sued Over Citric Acid In Pet Food
A California woman is suing Post Holdings Inc. in federal court, alleging that it uses artificially made citric acid as a preservative in its dog food products despite the labels claiming they contain no preservatives.
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August 15, 2025
NY Judge Orders Temu Users To Arbitrate Data Claims
A New York federal judge ordered a group of plaintiffs accusing online bargain app Temu of privacy violations to arbitrate their claims, saying an arbitration agreement in the company's terms is not unconscionable and that an arbitrator must determine the pact's scope.
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August 15, 2025
Epson, Amazon Awarded $7.2M In Counterfeit Ink Suit
A Washington federal judge has granted Amazon and Seiko Epson default judgment against a group accused of selling counterfeit printer ink, agreeing to the two companies' request for $7.2 million in damages.
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August 15, 2025
Kirkland Guides Latest Purchase For PE-Backed Pet Food Co.
Kirkland & Ellis LLP is advising Inspired Pet Nutrition on another pet food acquisition as the U.K.-based company enters exclusive negotiations to purchase Ultra Premium Direct, a French online pet food retailer, from private equity firm Eurazeo.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
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August 15, 2025
LA Judge Upholds $2M Award In Cannabis Investment Battle
A Los Angeles state court judge upheld a $2.25 million judgment against the manager of a medical marijuana collective accused of defrauding an investor, chastising him for "never even" attempting to bring in key evidence that would allegedly help his case.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Nursing Home Pharmacy Co. Hits Ch. 11 With $51M Sale Plan
Partners Pharmacy Services LLC, which provides medications to patients in long-term care facilities across seven U.S. states, has filed for Chapter 11 protection in Texas, with plans for an asset sale to its prepetition lender, who is an existing indirect owner, for a $51 million credit bid.
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August 14, 2025
Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute
Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.
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August 14, 2025
ATF Says Ban On Buying Handguns Out Of State Is Valid
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives asked a Texas federal judge to shoot down a bid from a gun store to overturn the federal ban on citizens purchasing handguns outside their state of residence, saying the law has historic backing.
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August 14, 2025
PTAB Axes Most Claims In Signify Lighting Patent
The Patent Trial and Appeal Board has found that most of the claims in a Signify Holdings BV lighting patent challenged by Luminex International Co. Ltd. and home improvement chain Menard Inc. were invalid.
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August 14, 2025
Rumble's Ad Boycott Suit Tossed For Now
A Texas federal court tossed Rumble's antitrust case against the World Federation of Advertisers and others after finding the claims about a boycott of the video-sharing site, after it refused to follow safety standards, have no connection to the state.
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August 14, 2025
Wilcox Case Dims Amazon NLRB Injunction Hopes At 9th Circ.
A Ninth Circuit panel appeared unlikely Thursday to block the National Labor Relations Board from pressing a case against Amazon, as judges noted the company appears to already have the prize its suit seeks: an end to the bar on the president removing NLRB members.
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August 14, 2025
Fed. Circ. Upholds Hoverboard Co.'s Design Patent Loss
An Illinois federal judge properly followed the Federal Circuit's orders when throwing out an infringement suit over hoverboard designs, the appeals court affirmed Thursday.
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August 14, 2025
Ex-Market Basket Execs Banned From Co. Sites Amid Feud
A Massachusetts judge on Thursday barred two former Market Basket executives from returning to any of its stores or headquarters amid a fight for control over the regional supermarket chain, three days after the company went to court to enforce no-trespassing orders.
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August 14, 2025
Beef Consumers Settle With Cargill In Price-Fixing MDL
Beef consumers have disclosed a new settlement in a consolidated Minnesota federal court litigation accusing major beef producers of price-fixing, resolving their piece of the case against Cargill.
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August 14, 2025
Cargill's $4M Deal Advances In Turkey Price-Fix Case
An Illinois federal judge on Thursday granted his initial approval to a $4 million deal Cargill has reached with commercial and institutional indirect purchaser plaintiffs in antitrust litigation accusing poultry producers of conspiring to pad the price of the bird, saying the amount provides "tangible and substantial" relief to the class.
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August 14, 2025
Bob's Discount Furniture Could Go Public, And Other Rumors
Bob's Discount Furniture may boast about its "Oh My Bob" low prices in TV ads, but the retailer's quirky marketing and expanding e-commerce have helped boost sales to roughly $2 billion last year — a performance that a Wall Street Journal report said could support a $1 billion IPO.
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August 14, 2025
Insurer Avoids Bad Faith Claims In $2M Vandalism Case
A California state court dismissed a property owner's claims that its insurer refused in bad faith to cover nearly $2 million in vandalism losses after its tenant, a cannabis cultivator, ended its lease, but found the owner's breach of contract claim can still proceed to trial.
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August 14, 2025
Rite Aid Gets More Bids For Leases, Properties In Ch. 11
Drugstore chain Rite Aid told a New Jersey bankruptcy judge on Thursday that it has secured another roughly $76 million in bids for leases and property across the country as the debtor works to sell its assets in Chapter 11.
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August 14, 2025
Hemp Sellers Can Challenge NY Raids Outside Court
An administrative law judge has ruled that a group of hemp sellers can raise constitutional challenges in administrative proceedings over raids they say were illegally conducted by New York's Office of Cannabis Management.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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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.