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Retail & E-Commerce
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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.
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October 10, 2025
FCC's Carr Reminds Retailers To Heed Banned Equipment List
Brendan Carr, the Federal Communications Commission chair, said that millions of online sales listings have been taken down because of manufacturing ties to Chinese telecoms and warned that retailers must comply with the federal ban on telecommunications devices made in foreign adversary countries.
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October 10, 2025
'Lambo' Website Acquired In Bad Faith, 9th Circ. Affirms
Italian luxury automaker Lamborghini won at the Ninth Circuit when the appellate court found that a man who registered the online domain name "lambo.com" did so in bad faith.
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October 10, 2025
Amazon Gets Massive Antitrust Class Action Trial Delayed
Amazon.com Inc. has got a reprieve from facing a massive consumer antitrust class action and a California attorney general enforcement action in overlapping trials, with a Washington federal judge granting the retail giant's bid to delay the consumer case from October 2026 to June 2027.
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October 10, 2025
7th Circ. Backs SuperValu's $22.6M Pension Withdrawal Tab
The Seventh Circuit shut down SuperValu's challenge to a $22.6 million bill for pulling out of a union pension plan, rejecting the grocery chain's position that federal benefits law blocked the fund from factoring sold stores into its math.
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October 10, 2025
Bic Sues Vape Co. Over Counterfeit Lighters
The Bic Corp. sued a New York-based smoke shop products distributor claiming it is selling counterfeit and "gray market" Bic pocket lighters, infringing on its trademarks and posing a safety risk to U.S. consumers due to the knockoffs' low production standards.
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October 10, 2025
Rite Aid Fires Back At Claims It Broke CVS Sale Deal
Bankrupt drugstore chain Rite Aid Friday defended its decision to not pay for druggist insurance to cover ex-employees at pharmacies it has sold to former competitor CVS, while saying CVS has breached the sale deal itself by withholding its final payment.
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October 10, 2025
EDTX Jury Says Samsung Owes $445.5M After Patent Trial
Samsung has to pay up about $445.5 million after a Texas federal jury found that the South Korean electronics giant infringed a series of patents related to wireless communication network efficiency owned by Collision Communications.
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October 09, 2025
Cannabis Co. Says 'Disgruntled' Employee Stole Trade Secrets
New Jersey cannabis products maker Kushi Labs LLC is suing its former employees, claiming they stole confidential trade secrets and took them over to a rival manufacturer, according to a federal lawsuit seeking at least $750,000 in damages.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
Photo Editing Software Co. Faces Patent Infringement Suit
A patent protection services firm told a North Carolina federal court Wednesday that a photo editing software company has knowingly infringed three of its patents related to advanced image processing.
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October 09, 2025
BeFrugal Marketing Firm Says Exec Steered Clients To Rival
Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.
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October 09, 2025
Q3 Notches Biggest Megadeal Quarter In Three Years
The value of global mergers and acquisitions worth $10 billion or more hit $289.5 billion in the third quarter, the highest since the second quarter of 2022, according to a report provided by S&P Global Market Intelligence on Thursday.
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October 09, 2025
Paramount Eyes $60B Warner Bid, And Other Rumors
Paramount Skydance is in talks with private equity firms including Apollo Global Management as it mulls a potential $60 billion bid for Warner Bros. Discovery. Another mega-deal that's further along its path to closing — Mars' $36 billion bid to acquire Kellanova — is set to win European antitrust approval. And Armani has approached potential buyers to sell a minority stake in the first phase of late designer Giorgio Armani's wishes.
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October 09, 2025
Fashion Brand Cato Hits Oakley With TM Suit Over 'Kato' Mark
Cato of Texas LP has sued eyewear maker Oakley Inc., saying it had adopted a "nearly identical" mark called "Kato" in connection with its sunglasses.
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October 09, 2025
7th Circ. Denies Rehearing In Harley-Davidson Warranty Case
The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.
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October 09, 2025
Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit
Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.
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October 09, 2025
Retailer Faces Class Action Over Excluding Bonuses From OT Pay
A Colorado retail supplier was hit with a proposed collective action in federal court Thursday from a former employee who said it failed to properly calculate overtime premiums.
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October 09, 2025
Shopify Elevates Former Facebook, Biden-Harris Atty To COO
Shopify has promoted its general counsel, whose previous roles include working for the Biden administration, Facebook and Jenner & Block LLP, to chief operating officer.
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October 09, 2025
Ga. Panel Revives Broad & Cassel Malpractice Claims
The Georgia Court of Appeals has partially revived a legal malpractice suit filed against Broad & Cassel LLP over allegations that one of its partners blew an auto dealership's lawsuit in the midst of a mental health crisis, ruling that the claims may not have been filed too late after all.
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October 09, 2025
Pa. Court Nixes Gun Shop Rules In Town's Zoning Code
A Pennsylvania town's "conditional use" zoning requirements that restrict gun shops operating in certain parts of town are preempted by laws that say only the state Legislature can regulate guns, a split state appellate court found Oct. 9.
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October 09, 2025
Alliance Laundry Raises $826M With IPO Amid Shutdown
Commercial laundry equipment maker Alliance Laundry Holdings began trading publicly Thursday after raising $826.3 million in its upsized initial public offering, a move that comes as the ongoing government shutdown has made it difficult for companies to make their public debuts.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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What Expanding Merchant Code Regs Mean For Processors
Arkansas and South Dakota recently joined a host of other states that restrict payment processors' usage of merchant category codes with laws that include noteworthy prohibitions against maintaining registries of firearms owners, with ramifications for multistate payment systems, say attorneys at Mayer Brown.
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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.