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Retail & E-Commerce
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October 29, 2025
Compass Loses Bid For Redfin Docs In Zillow Antitrust Suit
A New York federal court Wednesday refused to order property listing company Redfin Corp. to turn over documents requested by brokerage Compass in its antitrust suit against Zillow Inc., finding that the request should have been made in Washington federal court instead.
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October 29, 2025
Visa Must Face Cardholders' Antitrust Claims, Judge Says
A New York federal judge has trimmed two antitrust suits against Visa Inc. over its use of exclusive contracts in the U.S. debit card market, axing certain state law and damages claims but also finding that the consumer plaintiffs plausibly alleged the company's conduct suppressed competition.
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October 29, 2025
'NJWeedman' Asks To Add State To Suit Over City Hall Protest
A Garden State cannabis advocate known as "NJWeedman" is asking a federal court to allow him to add the state of New Jersey and its Cannabis Regulatory Commission as defendants in his existing First Amendment lawsuits against the city of Trenton, which he says retaliated against him after he projected a "Batman-like" protest message on City Hall.
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October 29, 2025
Del. Justices Mull Call To Revive Amazon-Blue Origin Suit
An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.
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October 29, 2025
Where PTAB Institution Reviews Stand As Squires Takes Lead
U.S. Patent and Trademark Office Director John Squires will be maintaining the agency leader's new role of gatekeeper at the Patent Trial and Appeal Board. Here's what to know about his plans and the pushback on them.
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October 29, 2025
Google Loses Bid To Transfer Monopolization Case To Calif.
A Texas federal court has refused Google's bid to transfer a case from Branch Metrics accusing the search giant of monopolizing several markets related to searching on mobile devices to California, where the companies are both headquartered.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
Wash. Judges Probe Starbucks Shareholders' Labor Claims
Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Pa. Barred From Enforcing Medical Dispensary Staffing Rule
A Pennsylvania appellate judge has decided to keep the state from enforcing a rule that says each medical marijuana dispensary must have its own pharmacist, doctor or nurse practitioner available for consultations, until the full Commonwealth Court can hear a challenge claiming the rule oversteps the state's medical marijuana law.
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October 29, 2025
Google, Epic Can't Delay Play Store Injunction Any Longer
A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.
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October 29, 2025
Claire's Gets OK To Exit Ch. 11 After Sale To Ames Watson
Jewelry retailer Claire's on Wednesday won a Delaware bankruptcy judge's approval of a plan to exit Chapter 11 after selling most of its North American business to private equity firm Ames Watson last month.
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October 29, 2025
Full Fed. Circ. Won't Review VirtaMove Venue Cases
The Federal Circuit on Wednesday said it won't rethink its refusal to send back to Texas federal court a pair of suits from a software company accusing Google and Amazon of patent infringement.
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October 29, 2025
Beyond Meat, Rival Headed To Trial After Mixed TM Ruling
Meat substitute maker Beyond Meat Inc. has lost a final attempt to avoid a trademark infringement trial slated to get underway next month in a Massachusetts federal courtroom, following a mixed ruling on cross-motions for summary judgment Wednesday.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Unibrands Says Ex-Pen Co. Heirs Infringing Luxury Brand
Pen manufacturer Unibrands Corp. alleges in New Jersey federal court that the former heirs to Italian fountain pen maker Omas are attempting to "steal the fruits" of the company's labor to revive the luxury fountain pen brand.
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October 29, 2025
Designer's Heirs Fight MillerKnoll's Atty Fees Bid After IP Loss
The heirs of a modernist future designer argued the MillerKnoll furniture company shouldn't get to collect attorney fees after defeating the family's intellectual property claims over designer George Nelson's notable bubble lamps because the case was strong enough to survive a dismissal bid and cannot be characterized as "extraordinarily weak."
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October 29, 2025
Publix Heiress Asks To Quash IRS Summons For Bank Info
An heiress to the Publix grocery store chain asked a Florida federal court to quash an IRS summons seeking her bank information on behalf of Italian tax officials, arguing that the agency's request flouts the Italy-U.S. tax treaty.
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October 29, 2025
Coupon Company Seeks To Halt Class Discovery In TCPA Suit
A coupon book company told a North Carolina federal court Tuesday that a putative class action against it over telemarketing texts will ultimately fail because the North Carolinian who sued signed up for the messages at issue.
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October 29, 2025
'Smart Drugs' Amphetamine Suit Moves Forward Minus Execs
A Washington federal judge declined to trim claims from a former army nurse's suit alleging that Thesis "smart drugs" contained amphetamines without warning consumers, while dismissing her claims against two executives for the company.
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October 28, 2025
CVS, Ad Partner Can't Shake Suit Over User Data Tracking
A California federal judge has refused to release CVS Pharmacy Inc. and a marketing partner from a putative class action accusing them of illegally intercepting personal health information from those who visited the retail chain's website, finding that the plaintiff had sufficiently alleged the disclosure of sensitive information and that consumers' loss of control of this data caused concrete harm.
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October 28, 2025
9th Circ. Won't Revive IPhone Web App Antitrust Suit
The Ninth Circuit on Tuesday refused to revive Apple customers' proposed antitrust class action alleging that Apple's mobile ecosystem barriers against advanced web-based apps result in higher iPhone prices, ruling they lack standing to seek injunctive relief and that an injunction against Apple likely wouldn't eliminate those barriers.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Insurers Can't Avoid Tanger's COVID Coverage Suit In NC
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its insured interests to its operations in North Carolina.
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October 28, 2025
Adidas Says Email Gaffe Should Revive Thom Browne TM Suit
Adidas told the Second Circuit on Tuesday that four emails that were never turned over by counsel for fashion brand Thom Browne call for the ordering of a new trial because the emails show senior executives discussing "the very issues at the heart of the trial."
Expert Analysis
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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.
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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.