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Retail & E-Commerce
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November 17, 2025
Clothier Loft Tied Up In Latest Wash. Spam Email Suit
Women's apparel brand Loft is facing a proposed class action in Seattle federal court accusing the company of misleading Washington shoppers through false or misleading subject lines on marketing emails, adding to a string of suits filed in recent months under the state's Commercial Electronic Mail Act.
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November 17, 2025
Salesforce, Clients Accused Of Ignoring Data Breach Scheme
Credit bureau TransUnion, airline Qantas and luxury goods seller Louis Vuitton — all clients of software company Salesforce Inc. — failed to adequately protect millions of users' data from a July "hub-and-spoke" data breach, a class action filed in California federal court claims.
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November 17, 2025
MGA's IP Clash With Rapper T.I. May Head To 9th Circ.
Hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris urged a California judge Monday not to send their long-running intellectual property case against toy maker MGA Entertainment to the Ninth Circuit, but instead allow a new jury trial on punitive damages to proceed.
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November 17, 2025
Columbia Design Patent Survives Reexam In Seirus Row
A U.S. Patent and Trademark Office examiner has upheld a Columbia Sportswear clothing design patent challenged by rival Seirus Innovative Accessories Inc. in a reexamination, as the companies continue sparring over the patent's validity in a long-running infringement suit.
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November 17, 2025
SAP Proposes Fixes Amid EU Antitrust Probe
German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.
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November 17, 2025
Home Depot Fails In Bid To Ditch Slip-And-Fall Suit
Home Depot must face a man's slip-and-fall lawsuit, a Texas federal judge ruled last week, saying a jury needs to determine whether signage alerting consumers about the potential for slippery floors was at all useful, given that the warning — placed on sliding glass doors — slid out of view when the doors opened.
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November 17, 2025
Ohio Asks To Revive Google Common Carrier Case
The Ohio Attorney General's Office told a state appeals court that Google's search engine meets all the requirements to be declared a common carrier, arguing that a lower court misapplied the law by failing to see information as a good that can be transported.
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November 17, 2025
Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work
A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.
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November 17, 2025
Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach
A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.
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November 17, 2025
Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case
With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.
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November 17, 2025
Cannabis Co. Not Covered In Product Safety Suit, Insurer Says
A cannabis company is not entitled to coverage for a proposed class action accusing it of misrepresenting the nature and safety of its cannabis-infused products, a Nationwide unit told an Illinois federal court, saying the suit doesn't allege bodily injury, property damage, or personal and advertising injury to trigger coverage.
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November 14, 2025
FTC To Make Valvoline, Greenbriar Divest 45 Oil Shops
The Federal Trade Commission said Friday that it will require Valvoline Inc. and Greenbriar Equity Group LP to divest 45 quick oil change shops to resolve antitrust concerns surrounding the automotive services company's planned acquisition of Breeze Autocare from the private equity firm for $625 million.
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November 14, 2025
Lowe's Sheds Suit Over TikTok, Microsoft Trackers
A California federal judge has thrown out a proposed class action accusing home improvement retailer Lowe's of illegally sharing website visitors' personal data with TikTok and Microsoft, finding that while the plaintiffs had adequately laid out their wiretap claim, they failed to allege the type of concrete injury necessary to sustain their suit.
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November 14, 2025
Amazon, New York Square Off Over State's NLRB Fill-In Law
The state of New York urged a Brooklyn federal judge to reject Amazon's bid to block a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, a statute that the online retailer says is flatly unconstitutional.
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November 14, 2025
Campbell's Settles With Politician Who Used Soup Can In Ad
The Campbell's Co. on Friday resolved its trademark fight in federal court with a Michigan congressional candidate for using its iconic can design in her campaign, with the defendant agreeing to stop producing, distributing or using any of Campbell's marks and trade dress in connection with any campaign, fundraising and promotional materials.
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November 14, 2025
Cannabis Co. Green Thumb Seeks Toss Of THC Potency Suit
Green Thumb has urged an Illinois state court to permanently end a proposed class action accusing the cannabis giant and its subsidiaries of mislabeling their products to get around state-mandated THC potency limits, arguing that what the plaintiff-consumers have described is a mistake in law, which is not fraud.
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November 14, 2025
Fed. Circ. Clears New Trial On Unicycle Infringement Damages
The Federal Circuit on Friday ordered a new trial to determine whether Inventist Inc. should receive lost profits after a jury determined Ninebot Inc. infringed its unicycle patent, saying key information was left out that could have impacted the jury's $800,000 award.
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November 14, 2025
Amazon Blasts Claim It Destroyed Evidence In Labeling Suit
Amazon.com Services LLC is fighting calls for sanctions in a proposed class action accusing it of failing to follow federal labeling laws for dietary supplements, saying it shouldn't be penalized for allegedly failing to preserve online product pages for the supplements.
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November 14, 2025
Consumers Want 9th Circ. To Recertify Apple IPhone Class
Apple users want the Ninth Circuit to restore the certification of their antitrust class accusing the technology giant of trapping them within the App Store, arguing a California federal judge improperly front-loaded the identification of individual members, when all that matters is that "nearly 200 million" users were harmed.
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November 14, 2025
Hemp Transporter Sues Ill. Cops Over Traffic Stop Seizure
An entrepreneur who distributes hemp to retailers in St. Louis and Chicago claims in Illinois federal court he is being hassled by local law enforcement, who have unlawfully confiscated much of his Delta-8 inventory and put his business "at risk of collapse," in turn endangering his family's sole source of income.
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November 14, 2025
Perkins Coie Sued By Omani Co. Over Trade Case Defense
An Omani screw manufacturer has launched a legal malpractice suit in Washington state court accusing Perkins Coie LLP of a "series of deadly mistakes" while representing the Middle Eastern company in a U.S. Department of Commerce probe, allegedly leading to steep penalties and tariffs that cost the company hundreds of millions of dollars.
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November 14, 2025
Safeway Beats Claims It Falsely Advertised Wine Discount
Grocery chain Safeway beat a proposed class action alleging that it hawks bogus, limited-time discounts on wine for its rewards members, after a California federal judge said Thursday that the members don't specifically allege how Safeway's representations were false or misleading, since higher, nonmember prices are unquestionably real prices charged to nonmembers.
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November 14, 2025
Fed. Circ. Sends Aaron Judge Slogan TM Case To Panel
The Federal Circuit agreed to have its merit panel review a Trademark Trial and Appeal Board decision that ruled in favor of baseball star Aaron Judge by prohibiting a Long Island man from registering a trademark for several judicial-themed slogans.
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November 17, 2025
CORRECTED: Estate Of Slain Clerk Wins $15.3M In Gaming Co. Suit
Two gaming machine companies, a convenience store owner, and a convicted murderer have been hit with a $15.3 million verdict in a lawsuit filed by the family of a Pennsylvania store clerk who was fatally shot during a 2020 robbery alleged to have been prompted by the presence of skill games on the premises.
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November 14, 2025
Fed. Circ. Clears Fees For Grocer After It Beat Camera IP Suit
The Federal Circuit on Friday affirmed an order granting attorney fees to a grocery store operator that defeated a camera maker's patent infringement claims, saying the Tennessee federal judge who issued the order had not clearly erred in finding the camera maker had a pattern of frivolous lawsuits.
Expert Analysis
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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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.