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Retail & E-Commerce
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Zappos Hit With Wiretapping Suit Over Meta Info Disclosure
A customer of online shoe and apparel retailer Zappos.com sued the company claiming it allowed Meta to eavesdrop on customer activity despite representing that their information was being safeguarded.
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December 12, 2025
Exec Says Netflix Used Vax Status As Cover For Biased Firing
Netflix fired a production executive for refusing to get a COVID-19 vaccine out of retaliation for her complaints that the company mocked the religious beliefs of the unvaccinated and pushed a sexually charged company culture, according to a bias suit the former employee filed in California state court.
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December 12, 2025
Cayuga Nation RICO Win Overshadowed By Pot Shop Verdict
The Cayuga Nation suffered a partial loss Thursday when a New York federal jury essentially sided with a tribal citizen and his partner, who were operating an illicit smoke shop, finding that although the business owners did violate RICO, the damages they incurred due to a tribal police seizure were far worse.
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December 12, 2025
Tool Co. Misclassifies Calif. Workers As Contractors, Suit Says
An Ohio-based tool company stiffs its California dealers on pay by misclassifying them as independent contractors and is threatening to force workers to arbitrate their claims in Ohio, according to a proposed class action filed in California federal court.
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December 12, 2025
Goldberg Segalla Adds Hospitality Pro In Orlando
Goldberg Segalla LLP picked up a new special counsel for its retail and hospitality group in Orlando from Pozo-Diaz & Pozo PA.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 11, 2025
NLRB Judge Tosses Case Against 'Memphis 7' Starbucks
An administrative law judge has determined that Starbucks didn't violate the National Labor Relations Act when it surveilled employees' union activities, more strictly enforced its punctuality policy and disciplined a union employee at a store that illegally fired seven activists in 2022.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
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December 11, 2025
LA Bellwether Jury To Decide If J&J Hid Talc Risk For Decades
An attorney for one of two women who claim Johnson & Johnson's talcum products caused their ovarian cancer told a California jury Thursday in a bellwether trial's closing arguments that the company hid the health risks of talc for decades, while the company's attorney insisted the science is on their side.
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December 11, 2025
Ex-Abercrombie CEO Headed For Competency Hearing
A New York federal judge said Thursday she will hold a competency hearing for former Abercrombie & Fitch Co. CEO Michael Jeffries to see whether he can stand trial on sex trafficking charges, following recent findings that he's overcome his earlier incompetency.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
5th Circ. Weighs Constitutionality Of Gun Dealer Licensing Law
A Fifth Circuit panel seemed dubious Thursday of a gun dealer's claim that licensing requirements imposed on firearm merchants run afoul of the Second Amendment, asking if the dealer was arguing that the federal government cannot regulate gun sellers.
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December 11, 2025
Del. Court Mulls Mootness Fee Options In Bolt Suit Settlement
A Delaware vice chancellor indicated Thursday that he was leaning toward awarding 10% to 15% of the benefit secured by attorneys who battled for cancellation of $37.5 million in Bolt Financial Group stock used by company controller Ryan Breslow to secure a later defaulted-upon personal loan.
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December 11, 2025
Split Pa. Panel Blocks Police Reports On Liquor Licensee
A trial court was wrong to deny a Philadelphia establishment's appeal for renewal of its liquor license, since nearly a dozen police reports the court considered should have been excluded as hearsay, a split appellate panel said Thursday.
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December 11, 2025
Agri Stats Says DOJ Wants To 'Leapfrog' Pork Pricing Claims
Agri Stats urged a Minnesota federal court to reject the Justice Department's bid to "leapfrog" a set of private antitrust cases involving pork prices by using a scheduled May trial for its information sharing claims against the data firm instead.
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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December 11, 2025
Ga. Justices Leave $500K Atty Fee Lien In Place
The Georgia Supreme Court decided it won't review a lower appellate court's ruling that upheld a nearly $500,000 lien awarded to a team of Atlanta personal injury lawyers who said they were bilked by a former client.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
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December 11, 2025
Mass. Panel Drops Tax Value Of Lowe's Store Property
A Lowe's store in Massachusetts was overvalued by more than $4 million, a state tax panel ruled, finding evidence presented by the local assessor in the case unpersuasive.
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December 10, 2025
'Crazy' To Link Talc With Ovarian Cancer, J&J Expert Says
Johnson & Johnson rested its defense Wednesday in a Los Angeles bellwether trial over claims its talc products caused two women's ovarian cancer, with a gynecologic oncologist appearing as its last witness and telling the jury the idea of talc used for feminine hygiene reaching the ovaries is "crazy."
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December 10, 2025
SG Says Justices Should Back Employers In ERISA Split
The U.S. solicitor general is urging the U.S. Supreme Court to back Home Depot's win in a retirement plan fight with its employees, and in the process, resolve a circuit split in employers' favor over who bears the burden of proving a financial loss from alleged mismanagement.
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December 10, 2025
2nd Circ. Tosses Lego Rival's Appeal In IP Fight Over Figurine
The Second Circuit on Wednesday dismissed a Lego rival's appeal challenging an order blocking the sale of its Third-Generation figurines, finding it lacked appellate jurisdiction since the district court correctly found the figurines fell within the ambit of an existing injunction due to a likelihood of confusion with Lego's Minifigure.
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December 10, 2025
Amazon Shoppers In Price-Hike Suit Say Retailer Deleted Docs
Amazon shoppers accusing the e-commerce giant of price-gouging during the COVID-19 pandemic urged a Seattle federal judge to sanction the company for allegedly destroying an "untold number of documents" crucial to their proposed consumer class action.
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.