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Retail & E-Commerce
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December 23, 2025
Walmart Gets $623K As Sanction Award In Avocado Oil Suit
A California federal judge has ordered two attorneys from a Santa Monica-based law firm to pay Walmart $623,000 in attorney fees as a sanction in their client's decertified class action that accused Walmart of falsely labeling its avocado oil as containing only avocado oil despite allegedly containing other oils.
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December 23, 2025
Top Illinois Decisions Of 2025
State and federal courts have handed down rulings in Illinois cases this year that made clear plaintiffs must allege concrete injury for common law standing, narrowed the scope of the federal anti-kickback statute and laid out a new standard for certifying collective actions.
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December 23, 2025
IP Lawyer Aims To Toss Amazon's Claims Of Trademark Abuse
A U.S. intellectual property lawyer living in Japan asked a Washington federal court on Tuesday to throw out Amazon.com Inc.'s lawsuit accusing him of conspiring with a Chinese company to use his legal credentials to circumvent a U.S. Patent and Trademark Office rule requiring that foreign trademark applicants be represented by U.S. counsel.
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December 23, 2025
Estate Of 1970s Cannabis Pioneer Sues Publisher Over IP Use
The family of cannabis legalization activist and author Jack Herer is seeking to wrestle back control of his IP, filing a lawsuit in California state court which claims the patriarch's name, image and likeness have been "fraudulently" taken.
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December 23, 2025
Justices Urged To Review 'Bike+' TM Suit Against Peloton
A fitness company with a cycling app called Bike+ has urged the U.S. Supreme Court to review a Ninth Circuit decision dismissing its trademark infringement claims against Peloton, saying the appeals court erred in assessing the likelihood of confusion and should have let a jury decide the matter.
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December 23, 2025
Yankees Defend 'Iconic' Logo Against Cannabis Apparel Seller
The New York Yankees are hoping to stifle a cannabis apparel seller's effort to secure a trademark registration for his products, telling the Federal Circuit that the application was correctly denied for copying the team's "iconic" logo.
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December 23, 2025
CFPB Says Earned Wage Access Products Aren't Loans
The Consumer Financial Protection Bureau has determined that "earned wage access" products are generally not considered credit covered by the Truth in Lending Act, while withdrawing a Biden-era proposed interpretive rule that would have identified all such products as credit.
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December 23, 2025
Google Not A Common Carrier, Think Tanks Tell Ohio Judges
Right-leaning institutions are lining up behind Google before an Ohio appeals court to argue that the state is trying to "skirt the First Amendment" by fighting to have the internet titan classified as a common carrier and a lower court was right to rebuff the attempt.
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December 23, 2025
Why It Took A Trial For The NASCAR Antitrust Case To Settle
It took eight days of trial and more than 50 hours of testimony to finally force a settlement that a North Carolina judge had spent months prodding Michael Jordan's race team and NASCAR to negotiate in their high-stakes antitrust battle — a signal to experts that a billionaire athlete, powerhouse lawyers and the iconic stock car racing organization wouldn't go down without a fight.
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December 23, 2025
Shuttered Network Co. Gets One More Chance Against AWS
A shuttered network optimization startup has one more chance to fix market definition and other failings in its antitrust case accusing Amazon Web Services Inc. of deliberately sabotaging its work to drive it out of business, after a Washington federal judge gutted most of the suit Monday.
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December 23, 2025
Amazon Escapes Suit Over Conn. Construction Site Nooses
A Connecticut federal judge has dismissed a racial discrimination lawsuit against Amazon by five electricians who said they found eight nooses displayed in a warehouse being built, finding the online retailer did not have enough control over the premises while it was under construction to face possible liability.
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December 23, 2025
Judge Says Ashley Stewart Ch. 11 Was Unauthorized
A New Jersey bankruptcy judge on Tuesday dismissed the Chapter 11 case of plus-size clothing retailer Ashley Stewart, saying it had been filed without proper authority by board members appointed in violation of a state court order.
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December 23, 2025
Fed. Circ. Urged To Erase Aaron Judge's TM Phrases Win
A Long Island man seeking to register trademarks for the judiciary-themed expressions "All Rise" and "Here Comes The Judge" has asked the Federal Circuit to overturn the Trademark Trial and Appeal Board's rejection of his applications, arguing it erroneously concluded that New York Yankees slugger Aaron Judge has priority over the phrases.
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December 23, 2025
'Gas Station Heroin' Cos. Sued Over User's Overdose
The estate of a woman who died of a tianeptine overdose is suing the makers and sellers of tianeptine products in Pennsylvania state court, saying while they market the products as safe diet supplements, they're actually highly addictive opioids.
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December 23, 2025
Rent-To-Own Co. FlexShopper Hits Ch. 11 After Fraud Claims
FlexShopper, a company offering lease-to-own services for appliances and electronics, has filed for Chapter 11 protection in the Delaware bankruptcy court, listing more than $100 million in debt and alleging its former CEO used forged documents to secure financing for the firm before its collapse.
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December 23, 2025
Johnson & Johnson Hit With $1.5B Talc Verdict In Baltimore
A Baltimore jury late Monday returned a walloping verdict of more than $1.5 billion in favor of a woman who claimed that Johnson & Johnson talc products caused her mesothelioma, which her attorneys say is the largest verdict against the company for a single plaintiff.
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December 23, 2025
Pot Investors Say Collective Mishandled Profits And Funds
A pair of investors is suing the managers of a cannabis retail collective in California state court, alleging that they have been diverting funds and failing to properly distribute profits, instead using them to prop up their own businesses and enrich themselves.
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December 22, 2025
Black & Decker Delayed Dangerous Defects Reports, Feds Say
Stanley Black & Decker Inc. knowingly dragged its feet on reporting potential hazardous defects in some of its utility bars and miter saws for years in violation of the Consumer Product Safety Act, according to a suit filed Monday by the U.S. Department of Justice.
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December 22, 2025
Aritzia, J. Crew, Albertsons, More Sued Over Card Reader IP
The owner of a series of patents covering credit card reader technology has filed a slew of infringement suits against retailers, including Aritzia, J. Crew and Albertsons, claiming the companies infringed the patents with their payment processing systems.
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December 22, 2025
DOJ, SEC Charge 6 In $41M Insider Trading Scheme
Federal prosecutors in New Jersey have charged six people in connection with what the government is alleging are securities fraud schemes that led to at least $41 million in illicit profits from insider trading, as well as gains from manipulating the stock prices of biopharmaceutical companies.
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December 22, 2025
Colo. Atty Sued Again For Multimillion-Dollar Ferrari 'Scam'
Two operators of a Wisconsin auto dealership filed a federal lawsuit Friday against a Colorado attorney and his firm, alleging the attorney failed to provide multiple customized Ferrari cars after the pair paid millions under a contract they say the lawyer breached.
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December 22, 2025
Ashley Stewart's Board Seeks To Nix Ch. 11 As Bogus
The battle for plus size fashion retailer Ashley Stewart is continuing in a Delaware bankruptcy court, with one director seeking to dismiss the case while others are calling for a court-appointed trustee to investigate the company's November asset sale.
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December 22, 2025
11th Circ. Says Language Hostility Can't Save Bias Suit
The Eleventh Circuit declined Monday to revive a Russian ex-Walmart worker's suit claiming she was harassed by co-workers and customers because she didn't speak much English, ruling the frustrations she faced over her language barrier alone don't rise to the level of national origin bias.
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December 22, 2025
IP Atty, Patent Exec File Dueling Bids To End Defamation Case
A patent licensing company executive and a Baker Botts LLP intellectual property litigator filed competing summary judgment motions in a defamation suit in Florida federal court.
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December 22, 2025
Vape Cos. Get Partial Block Of Va. Law, But Claims Trimmed
A Virginia federal judge has agreed to halt enforcement of certain provisions of a state law barring the sale of vapes that are not yet approved by the U.S. Food and Drug Administration, while dismissing two of the three claims vape companies had brought in the lawsuit.
Expert Analysis
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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A Guide To Permanent Capital Vehicles As Access Widens
Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.