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Retail & E-Commerce
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Texas Senate Again Approves Ban On Hemp-Derived THC
Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Wiggin And Dana Adds Real Estate Partner From Polsinelli
Law firm Wiggin and Dana LLP said Vasiliki Yiannoulis-Riva has joined as partner from Polsinelli PC in its real estate, environmental, construction and facilities department.
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July 30, 2025
Apple Says DOJ Attacking Legitimate 'Design Choices'
Apple leaned on a familiar playbook of privacy, security and independent choice in its answer to the U.S. Department of Justice monopolization lawsuit in New Jersey federal court, arguing the government "fundamentally misunderstands" the restrictions it imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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July 29, 2025
Auto Dealer Software Biz Hit With Antitrust Counterclaims
A data company accused alongside Tekion Corp. of hacking into rival technology firm CDK Global's auto dealership management software system to steal proprietary information hit CDK Tuesday with an antitrust counterattack, accusing it of "usurping control over dealer data" that doesn't belong to it in an effort to thwart competition.
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July 29, 2025
J&J Owes $43M For 30-Year Talc User's Mesothelioma
A Massachusetts state court jury ordered Johnson & Johnson Tuesday to pay more than $42.6 million to a former talc user with mesothelioma and his wife, following a trial in which the man's lawyer told jurors the alleged cancer-causing effects of the company's baby powder were its "dirty little secret."
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July 29, 2025
Colo. Sues PetSmart Over Allegedly Illegal 'TRAP' Contracts
PetSmart LLC is under fire from the state of Colorado, with the attorney general's office filing a complaint in state court on Tuesday claiming it tricked dog groomers into signing up for a "free" training program that included a "training repayment agreement provision" with fees of up to $5,500 if they left before working for two years.
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July 29, 2025
Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told
The maker of a dog toy parodying Jack Daniel's iconic whiskey bottle has urged the Ninth Circuit to reverse a finding that its "Bad Spaniels" toy tarnishes Jack Daniel's mark, arguing the ruling constitutes unconstitutional viewpoint discrimination over "mild poo jokes" that weren't similar to famous Jack Daniel's marks.
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July 29, 2025
$32M Verdict Holds Up In Curaleaf Pot Farm Dispute
A Michigan federal judge on Tuesday said he was "waving goodbye" to a years-old case as he denied Curaleaf units' bid to unravel a $32 million verdict in favor of a marijuana farm that alleged the companies breached a sales contract, finding the jury had enough evidence to support its decisions.
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July 29, 2025
New Guidelines Aim To Reform Counterfeiter Case Practices
Amid federal courts' growing concern toward a legal strategy of joining dozens of alleged counterfeiters in a single complaint, plaintiff attorneys who are among the most frequent filers of such cases have announced what they consider best practices for the litigation.
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July 29, 2025
Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death
The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."
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July 29, 2025
Del. Justices Undo Amazon's Chancery Win In Docs Row
A Delaware Supreme Court panel has reversed a Court of Chancery decision tossing a suit from Amazon stockholders seeking company documents to probe alleged anticompetitive behavior, wrongdoing and mismanagement, finding the lower court declared the claims "overbroad" without considering their credibility.
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July 29, 2025
Some OpenAI Defenses Nixed In 'Over-Litigated' Musk Suit
A California federal judge briefly took Elon Musk and OpenAI to task on Tuesday, in an order summarily nixing some of the ChatGPT-maker's affirmative defenses against the billionaire's lawsuit challenging plans to change its corporate structure.
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July 29, 2025
Leagues, Fanatics Seek Exit From Trading Card Antitrust Suit
The NFL, MLB, NBA and Fanatics have urged a New York federal court in separate filings to toss an antitrust lawsuit that accuses the organizations of monopolizing the trading card market, arguing the complaint fails to establish an unlawful conspiracy to restrain the market.
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July 29, 2025
Another Pot Co. Targeted In Potency Suit By Plaintiff Firm
Attorneys with plaintiff firm Luisi Holz Law have hit another cannabis vape company with a suit alleging that it misrepresents its vapable oils as concentrates to get around Illinois's limits on sale and possession of THC-containing products.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Ex-Munchkin GC Sues Over 'War On Families' At Baby Co.
Munchkin Inc.'s former general counsel says he was fired for trying to sound the alarm about the baby products brand's "war on families" and culture of discrimination against working mothers and families, in a $10 million suit filed in California state court on Friday.
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July 28, 2025
Fiserv Misled Investors On Platform Growth, Suit Says
Fiserv has been hit with a proposed shareholder class action in New York federal court accusing the payment processing technology company of artificially inflating its growth numbers through the forced migration of customers from its older platform to a newer, more expensive system.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
DraftKings Escapes Class Action Over $1,000 Bonus Promo
A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.
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July 28, 2025
Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit
Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.
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July 28, 2025
Electrolux Range's Defect Led To Fire, Insurer Tells Court
Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
Expert Analysis
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.