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Retail & E-Commerce
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December 19, 2025
9th Circ. Takes Up IPhone Buyers' Class Decertification
The Ninth Circuit has summarily agreed to let consumers appeal what they had described as the "death knell" district court ruling that decertified their class of iPhone users that was expected to reach 200 million members in an antitrust case over Apple's App Store policies.
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December 18, 2025
The Biggest Rulings From A Busy Year At The 1st Circ.
The nation's smallest federal appellate panel punched above its weight in 2025, grappling with numerous suits against the Trump administration, high-profile criminal appeals, a $34 million legal fee bid and a hotly contested kickback law.
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December 18, 2025
ITC Clears Toy Gun Imports, Will Review Smart Rings, Vapes
The U.S. International Trade Commission has had a busy week in intellectual property, determining a series of toy gun imports don't infringe Spin Master patents licensed to Hasbro, instituting reviews requested by companies including Ouraring, AbbVie and Juul, and receiving several new complaints.
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December 18, 2025
Instacart Will Pay $60M Over FTC's Deceptive Delivery Claims
Instacart has agreed to pay $60 million to resolve Federal Trade Commission claims it deceptively advertised "free delivery" on customers' first orders while charging a service fee and for not clearly disclosing the terms of its subscription membership.
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December 18, 2025
Amazon Can't Shed Class Status In Virtual Try-On Privacy Suit
A Seventh Circuit panel has affirmed an Illinois district judge's certification of a class of more than 100,000 Amazon shoppers who accuse the e-commerce giant of illegally collecting and preserving their facial geometry data when they used the company's virtual try-on feature to preview products such as makeup and eyewear.
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December 18, 2025
Feds Say PE Firm Founder Funded Wife's Co. With $50M Fraud
The managing partner of a New Hampshire-based private equity firm was indicted for allegedly fraudulently soliciting over $50 million in investments for purported health and wellness companies, using the money to support his personal image and wife's skincare brand instead of properly paying investors and employees.
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December 18, 2025
Trump Order Rallies Cannabis Industry, Advocates Want More
The executive order signed by President Donald Trump on Thursday, marking the most substantial shift in federal cannabis policy in over half a century, is expected to have favorable ramifications for the marijuana industry even as it falls short of decriminalizing the drug or resolving the many tensions between federal and state law.
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December 18, 2025
Judge Wants Live Nation Antitrust Trial Limited To 5 Weeks
A New York federal judge nudged the Justice Department and Live Nation during a hearing Thursday to limit next year's antitrust jury trial against the live entertainment giant to no more than five weeks, not the eight the government wants, although he left open the possibility for more time.
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December 18, 2025
Top Trade Secrets Decisions Of 2025
The Ninth Circuit clarified the rules of engagement in trade secrets disputes with guidance on when confidential information must be precisely detailed during litigation, and jurors delivered a $200 million verdict against Walmart over product freshness technology. Here are Law360's picks for the biggest trade secrets decisions of 2025.
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December 18, 2025
Amazon Loses Bid To Upend AlmondNet's $136M Patent Win
A Texas federal judge has denied Amazon's attempt to overturn a $136 million judgment against it, saying online advertising company AlmondNet had produced enough evidence to back a jury's verdict that Amazon infringed AlmondNet patents covering online ad space auctions.
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December 18, 2025
Apollo Could Fetch $12B For Atlas Air, And More Rumors
The past week saw no lack of chatter about potential sales, backdoor discussions, fundraises, initial public offerings and activist investor power moves.
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December 18, 2025
EU Approves Bakery Biz Deal With Plant Sales
European enforcers approved Belgian food group Vandemoortele's proposed acquisition of Délifrance SA from French grain cooperative Vivescia, conditioned on the sale of two production facilities for frozen dough products.
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December 18, 2025
Menards To Pay $4.25M To End 10 States' Deception Probe
Menards Inc. will pay $4.25 million to resolve 10 states' investigation into allegedly deceptive marketing tactics they say the Midwestern home-improvement giant used while advertising its merchandise credit check program.
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December 18, 2025
Sprouts Grocery Brass Face Suit Over Rosy Growth Forecast
The brass of specialty grocery chain Sprouts Farmers Market Inc. face a shareholder derivative suit alleging they hid the risks of faltering consumer spending, and ended up overpaying by $26.5 million on stock buybacks ahead of an October sales growth miss that caused the company's share price to fall.
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December 18, 2025
Plus-Size Fashion Co. Ashley Stewart Hits Ch. 11 To Nix Sale
Ashley Stewart, a plus-size clothing retailer, has petitioned for Chapter 11 protection in New Jersey bankruptcy court, listing between $50 million and $100 million of liabilities and seeking to void the sale of its assets to a new operator called G Ashley.
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December 18, 2025
Fake Quotes In Pa. Patent Case Lead To Judicial Rebuke
Two Barley Snyder attorneys have been directed to explain to a Pennsylvania federal judge how nonexistent quotes from cited cases appeared in a July filing, according to a recently published order that also denied a holiday light clip manufacturer's request for a temporary restraining order preventing a rival company from selling a similar product.
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December 18, 2025
DOJ, Plastic Resin Co. Resolve Tariff Fraud Probe
The U.S. Department of Justice declined to prosecute a major plastic resin distributor as part of a resolution reached over a scheme promoted by a former executive to change the country of origin on imports from China to avoid duties, the DOJ said Thursday.
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December 18, 2025
Car Dealer Credit Check Co. Sued Over Breach Affecting 5.8M
A company that handles credit inquiries for car dealerships is facing a proposed class action accusing it of negligence, following a cyberattack on its systems in October that compromised the personal information of more than 5.8 million people.
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December 18, 2025
Ringleader Of Beer Train Robbery Crew Gets 63 Months
A Manhattan federal judge on Thursday handed down a 63-month prison sentence to a Bronx man who led a crew that stole nearly half-a-million dollars' worth of beer from trains, saying the defendant is fortunate nobody was harmed.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
Amazon, Le Labo Say Ripoff 'Basgax' Perfumes Reek Of Fraud
Amazon and New York fragrance maker Le Labo accused a Florida-based company known as Basgax of selling bogus Le Labo products, claiming the company and its operators illegally copied Le Labo's promotional images and product names such as "Iris 39" and "Patchouili 24."
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December 17, 2025
Fed. Circ. Reverses Injunction After Car Seat IP Trial
Evenflo Co. Inc. persuaded the Federal Circuit on Wednesday to free it from a Delaware federal court's injunction issued after a jury found it had infringed Wonderland Switzerland AG's car seat patents.
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December 17, 2025
Starbucks Brass Face Derivative Suit Over 'Triple Shot' Plan
Executives and directors of Starbucks have been hit with a shareholder derivative complaint accusing them of misleading investors about the coffee chain's prospects for its so-called Triple Shot Reinvention strategy, which the suit alleges fell short.
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December 17, 2025
Lighting Co. Strikes Deal In 401(k) Forfeiture, Tobacco Fee Suit
An automotive lighting company told an Illinois federal court Wednesday that it has settled an ex-worker's proposed class action claiming the business mismanaged forfeited 401(k) funds and failed to inform workers who used tobacco how to avoid paying an extra health plan fee.
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December 17, 2025
Crypto Card Co. Claims Millions Lost To Counterfeit Scheme
A Florida-based cryptocurrency trading card company claimed in Colorado federal court Wednesday that a man obtained counterfeit versions of its "Currency Series 1" cards and attempted to sell them on Facebook.
Expert Analysis
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Keys To Extended Producer Responsibility Compliance
As states' extended producer responsibility laws come into effect, reshaping packaging obligations for businesses, regulated entities should ensure they register with a producer responsibility organization, understand state-specific deadlines and obligations, and review packaging to improve recyclability and reduce compliance costs, say attorneys at Baker Donelson.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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IPO Suit Reinforces Strict Section 11 Tracing Requirement
A California federal court's recent dismissal of an investor class action against Allbirds in connection with the company's initial public offering cites the U.S. Supreme Court's 2023 Slack v. Pirani decision, reinforcing the firm tracing requirement for Section 11 plaintiffs — even at the pleading stage, say attorneys at Paul Weiss.