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Retail & E-Commerce
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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."
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October 28, 2025
Wash. Justices Pick Apart Aeropostale Shopper Discount Suit
The Washington Supreme Court cast doubt Tuesday on an Aeropostale customer's claims over an alleged fake discounting scheme, with one justice noting consumers cannot sue post-purchase just because they didn't get "as good of a deal" as they thought they were getting.
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October 28, 2025
Unsecured Creditors Blast Mountain Sports' Ch. 11 Plan
A pair of unsecured creditors of sports retailer Mountain Sports have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying the plan attempts to split their claims into a separate creditor class to undermine their power in a vote on the plan.
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October 28, 2025
Activists Drop Challenge To FDA Inaction On Menthol Cigs
A lawsuit accusing the U.S. Food and Drug Administration of slow-walking the Biden administration's proposed ban of menthol cigarettes was voluntarily dismissed, months after the Trump administration withdrew the ban entirely.
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October 28, 2025
Jushi Sues Doordash, Beverage Sellers Over Hemp Products
A medical marijuana company owned by cannabis giant Jushi Holdings has sued delivery company DoorDash and beverage industry players, alleging they colluded to sell intoxicating hemp products that mirror marijuana's effects.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Vegan Protein Powder Contains Lead, Cadmium, Class Says
A proposed class of buyers of protein powder is suing vegan meal and supplement maker Huel Inc. in Illinois federal court, saying the company hid toxic levels of lead and cadmium in its products.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Minn. Court Blocks Immediate Appeal In Pork Price-Fixing Suit
A Minnesota federal court refused Monday to allow immediate appeals for its summary judgment ruling in multidistrict litigation over alleged price-fixing in the pork industry, saying certain pork producers and a benchmarking company have not properly articulated a controlling question of law.
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October 27, 2025
Apple Gets Class Decertified In App Store Antitrust Case
A California federal judge Monday decertified a class of consumers claiming Apple violated antitrust laws with its App Store policies, finding that the plaintiffs' damages expert isn't qualified to do the work and submitted an analysis that included several "alarming" errors.
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October 27, 2025
Porsche Can't Escape $300M Suit By Miami Dealer
A Florida judge ruled Thursday that German automaker Porsche AG can be hauled into court in Florida to face a $300 million lawsuit by a Miami luxury car dealership accusing the carmaker of using strong-arm tactics by withholding inventory over a disagreement to build a new facility.
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October 27, 2025
2nd Circ. Tosses Ex-Iconix CEO's Fraud Conviction
The Iconix Brand Group founder who was convicted of falsely inflating revenue by $11 million had his conviction overturned Monday by a Second Circuit panel that said he was subjected to double jeopardy.
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October 27, 2025
Brandt's Fruit Trees Ends TM Suit Against Washington Farm
Brandt's Fruit Trees has agreed to drop a lawsuit in Washington federal court claiming a Yakima Valley farm illegally used its Pink Lady apple trademark in connection with approximately 55,000 unlicensed trees that produce Lady in Red apples.
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October 27, 2025
PayPal Accused Of Hiding Evidence In Charity Donation Suit
PayPal has been accused of abusing confidentiality rules by mislabeling documents as secret to unjustly shield its business practices from scrutiny amid a lengthening discovery dispute in a user's federal suit over the platform's charitable distributions.
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October 27, 2025
CVS Let 401(k) Get Bogged Down With High Fees, Suit Says
CVS costs workers millions in retirement savings and violated federal benefits law by failing to rein in excessive administrative fees in its $27 billion 401(k) plan, a former pharmacist said in a proposed class action filed in New York federal court.
Expert Analysis
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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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.