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Retail & E-Commerce
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September 22, 2025
Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge
A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.
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September 22, 2025
Weedmaps Accused Of Promoting Illegal Cannabis Cos.
Weedmaps Technology Inc. is allegedly violating California laws by knowingly allowing unlicensed cannabis retailers to advertise on its online delivery platform, according to a new proposed class action filed in Los Angeles County court that claims the practice puts law-abiding dispensaries at a competitive disadvantage.
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September 22, 2025
Davis Polk, Latham Advise On $3.2B Heineken FIFCO Buy
Dutch brewer Heineken NV said Monday it has agreed to acquire most of Costa Rica's FIFCO beverage and retail operations for approximately $3.2 billion.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says
A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.
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September 22, 2025
Judge Lets Suit Over Audible's Expiring Credits Move Forward
A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.
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September 22, 2025
Amazon Suit Claims Prime Day Deals Based On Phony Prices
Amazon's deep Prime Day sales deals mislead consumers by calculating the advertised savings based on bogus list prices that customers don't actually pay, according to a proposed class action filed Monday in Washington federal court.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
Toy Company Eyes UBS Records Amid FINRA Arbitration
A toy company whose brands include Bratz dolls and Little Tikes has urged an Iowa federal judge to unseal records that it says will bolster its arbitration against UBS over claims that the global wealth manager wrongly advised the company to short-sell Tesla stock.
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September 22, 2025
Hasbro Faces Copyright Suit Over Star Wars Helmet Inserts
Hasbro Inc. was sued in Georgia federal court by a hobbyist who alleges a line of inserts and liners the company makes for its Star Wars-themed helmets infringe his copyright for inserts and liners he creates for fan-made helmets.
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September 22, 2025
McDonald's, UK Insurer Entity To End $5.5M Coverage Fight
McDonald's and a London-based insurer entity formally asked an Illinois federal court to terminate their dispute over the fast-food chain's claim for more than $5.5 million in outstanding coverage for property damage stemming from a high-speed vehicle crash.
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September 22, 2025
Atlas Holdings Buying Office Depot Owner In $1B Deal
The ODP Corp. said Monday that it has agreed to be acquired by an affiliate of Atlas Holdings for $28 per share in cash, valuing the company at about $1 billion.
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September 22, 2025
Kirkland, DLA Piper Steer Thoma Bravo's $1.4B PROS Buy
Artificial intelligence-powered service pricing and selling solutions company PROS Holdings Inc., advised by DLA Piper LLP, on Monday announced plans to go private after being bought by Kirkland & Ellis LLP-led private equity giant Thoma Bravo in an all-cash deal that values the software company at $1.4 billion.
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September 22, 2025
Dorel Sued Over Fall From Recalled Kitchen Step Stool
A New York woman is suing Dorel Home Furnishings Inc. in a proposed class action in Missouri federal court, alleging she fell because of a defect in the company's step stool that caused its safety handle to break off while she was on it.
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September 19, 2025
Feds Urge Justices To Back Trump's Emergency Tariffs
The federal government told the U.S. Supreme Court Friday that lower courts incorrectly determined President Donald Trump's emergency tariffs unlawful under a statute that gives the executive broad authority to regulate the economy in matters of national emergency,.
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September 19, 2025
Goodwin, Latham Steer E-Commerce Co. Pattern's $300M IPO
Top Amazon.com reseller Pattern Group Inc. kicked off its public-market trading debut on the Nasdaq on Friday with a $300 million initial public offering guided by Goodwin Procter LLP, and Latham & Watkins LLP represented the underwriters, which include Goldman Sachs & Co. LLC and J.P. Morgan.
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September 19, 2025
Agri Stats Looks To Nix DOJ Antitrust Case Ahead Of Trial
Agri Stats is asking a Minnesota federal court to toss the government's antitrust case ahead of trial, arguing that enforcers still lack evidence to support their information-sharing claims despite scrutinizing the agricultural data firm's industry reports for more than a decade.
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September 19, 2025
Estée Lauder Faces Derivative Suit In Del. After Stock Drops
An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.
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September 19, 2025
Shopify Looks To Toss Sezzle's 'Buy Now, Pay Later' Claims
E-commerce company Shopify Inc. seeks to sink payment platform Sezzle Inc.'s lawsuit accusing it of monopolizing the "buy now, pay later" market, arguing that the fact its platform shows "no fewer than 16 payment options" on checkout pages undermines any anticompetitive practices allegations.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
Wash. Biz Owner Sexually Harassed Bikini Baristas, AG Says
The owner of several Seattle-area "bikini barista" espresso stands has been hit with a sweeping employment discrimination suit claiming he made women strip naked in front of him during job interviews, provide sexual favors to keep their hours and get paid, and perform similar nude "shows" for customers.
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September 19, 2025
Fla. Entrepreneur Urges 1st Circ. To Remand RI Pot Regs Suit
A Florida entrepreneur on Friday urged the First Circuit to remand to Rhode Island federal court his constitutional challenge to Rhode Island's cannabis retail licensure scheme, now that the cannabis regulations at issue have been made public and the license application process is open.
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September 19, 2025
Fireball, Parrot Bay Buyers Win Cert. Over Malt Liquor False Ad
A New York federal judge has certified classes of Fireball and Parrot Bay customers who have alleged beverage company Sazerac misleadingly labeled malt beverage versions of those products that led them to think they contained distilled spirits, ruling that whether the labels are materially misleading can be determined on a classwide basis.
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September 19, 2025
Hagens Berman Seeks To Limit Sanctions For AI Mistakes
A Hagens Berman Sobol Shapiro LLP partner should face only limited sanctions and the firm shouldn't be sanctioned at all over a contract attorney's use of artificial intelligence to generate legal briefs in a proposed class action against online platform OnlyFans since its attorneys did not act in bad faith, the firm told a California federal judge.
Expert Analysis
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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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.