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Retail & E-Commerce
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October 15, 2025
Phone-Maker Oppo Wants Out Of Apple Trade Secret Case
Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.
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October 15, 2025
Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit
A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.
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October 15, 2025
Atty Fights Walgreens Sanction Bid In Georgia Bias Suit
A former pharmacist suing Walgreens for discrimination asked a Georgia federal judge to reject the chain's sanctions bid against her attorney, saying the chain did not give the lawyer enough time to respond to a series of communications that led to the motion for sanctions.
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October 15, 2025
Fed. Circ. Affirms ITC Ruling That Brita Filter Patent Is Invalid
The Federal Circuit on Wednesday let stand the U.S. International Trade Commission's decision that a Brita LP water filter patent is invalid, affirming a finding that the patent wasn't adequately described and that it didn't enable someone to make the invention.
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October 15, 2025
TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder
The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.
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May 22, 2025
Fed. Circ. Says Professor Lacks Standing To Fight Rapunzel TM
The Federal Circuit on Thursday backed the Trademark Trial and Appeal Board's rejection of a professor's challenge to a "Rapunzel" trademark as a consumer of fairy tale toy characters, saying the board properly used a framework laid out by the U.S. Supreme Court.
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October 14, 2025
Apple Judge May Decertify Antitrust Class, But Not Toss Case
A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.
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October 14, 2025
Full Fed. Circ. Won't Revisit Dumbbell, Database Patent Cases
The Federal Circuit on Tuesday issued orders rejecting requests for full court scrutiny of separate panel decisions that saved a dumbbell patent owned by PowerBlock Holdings Inc. and that revived Google's challenges to patent claims covering database systems.
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October 14, 2025
Relief Concerns Grow As Sectoral Tariff Actions Build
Importers' hopes for relief from industrywide tariffs are lagging alongside the trade deals President Donald Trump is trying to broker for some goods, while the administration's accelerated rollout of sectoral levies is also stoking concerns the government may be hamstringing its onshoring goals.
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October 14, 2025
Squires Calls For 2nd Look At PTAB Wins By Visa
U.S. Patent and Trademark Office Director John Squires has ordered Patent Trial and Appeal Board officials to review final decisions largely backing Visa Inc. in challenges to three credential verification patents, after patent owner Cortex MCP Inc. argued the holdings were flawed.
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October 14, 2025
Walmart Pay Transparency Suit Returns To Wash. State Court
A Washington federal judge returned a proposed wage transparency class action against Walmart Inc. to state court Tuesday, agreeing with the plaintiff that he didn't claim a concrete enough injury for the suit to proceed in federal court.
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October 14, 2025
Sunbeam Faces Class Action Over 'Defective' Oster Oven
Sunbeam Products Inc. is facing a proposed class action in Georgia federal court over Oster-brand French door countertop ovens that were recalled in September due to burn hazards caused by spring-loaded doors that can unexpectedly close and burn users.
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October 14, 2025
Visa, MasterCard To Pay Combined $199.5M In Fraud Risk Suit
Visa Inc. and MasterCard International Corp. have agreed to pay a combined $199.5 million to resolve a nearly decade-old certified class action accusing the credit card giants of conspiring to dump fraud risk costs on merchants, according to documents filed in New York federal court.
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October 14, 2025
EU Fines Fashion Brands €157M For Price Maintenance
The European Commission has fined fashion companies Gucci, Chloé and Loewe a total of €157 million ($182.2 million) for allegedly breaching the bloc's competition rules by restricting the retail prices of their products.
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October 10, 2025
Judge Dubious Of Amazon Shoppers' Slow Shipping Zone Suit
A Washington federal judge cast doubt Friday on a group of Amazon Prime subscribers' argument that variability in delivery time by ZIP code amounts to an unfair business practice, highlighting data that suggests packages sometimes take longer than two days to arrive regardless of the purchaser's address.
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October 10, 2025
Ill. AG, Retailers Will Split Swipe-Fee Law's Defense At Hearing
A Chicago federal judge has agreed to allow a coalition of merchant groups to take part in a key hearing later this month that could decide a banking industry legal challenge to the Illinois Interchange Fee Prohibition Act, a law banning swipe fees on tax and tip payments.
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October 10, 2025
Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'
A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.
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October 10, 2025
Elf Bar Will No Longer Sell In Calif., Ending Altria Unit Suit
The Chinese companies behind the popular Elf Bar brand of vape will no longer sell their flavored products in California, according to an agreement they signed to end a lawsuit filed by the e-cigarette unit of tobacco giant Altria Group.
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October 10, 2025
More Gun Rights Groups Take Aim At National Firearms Act
Gun rights groups have launched another lawsuit aimed at repealing the National Firearms Act in the Northern District of Texas, joining a growing number of legal challenges to the gun law that controls access to short-barreled rifles and firearms with suppressors.
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October 10, 2025
Bed Bath & Beyond $1.95M ERISA Deal Gets Final OK
A New Jersey federal judge signed off on a $1.95 million class action settlement resolving claims that the administrators of Bed Bath & Beyond Inc.'s 401(k) savings plan shortchanged employees after the retailer's bankruptcy-triggered plan termination.
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October 10, 2025
StubHub Sued Over Failure To Refund Swift's Eras Tour Show
Online ticket reseller StubHub regularly reneges on its "FanProtect Guarantee" to either provide comparable tickets or refund customers if the tickets they bought aren't available the day of the concert, according to a proposed class action by a woman who says she was swindled out of thousands of dollars during Taylor Swift's Eras Tour.
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October 10, 2025
9th Circ. Upholds Tossing Dietary Supplement False Ad Suit
The Ninth Circuit has upheld the dismissal of a proposed class action alleging Golo LLC falsely marketed its supplements as weight loss aids, ruling the claims are barred by federal law.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
City In Okla. Pushes Dismissal Of Hemp Seizure Suit
An Oklahoma city, its police department and its police chief have all separately asked a federal judge to toss a lawsuit claiming they wrongly seized over $125,000 in hemp shipments from companies that say they did not violate state or federal law.
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October 10, 2025
Seyfarth Eyes Middle-Market Bounce As Megadeals Dominate
While multibillion-dollar mergers look good in headlines and have fueled some broader market optimism, Seyfarth attorneys told Law360 on Friday that the middle-market door has yet to fully swing open for a true mergers and acquisitions revival.
Expert Analysis
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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.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.