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Retail & E-Commerce
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 20, 2025
Claire's Pitches Over $104M Sale Of US Stores In Ch. 11
Bankrupt jewelry chain Claire's announced plans Wednesday to sell intellectual property and some of its U.S. stores to a private holding company for $104 million in cash as well as other inducements.
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August 20, 2025
Freshfields, Weil Build Lowe's $8.8B FBM Buy
Home improvement giant Lowe's, advised by Freshfields LLP, on Wednesday unveiled plans to buy private equity-backed Foundation Building Materials, led by Weil Gotshal & Manges LLP, in an $8.8 billion deal meant to create a "premier" business to better serve Lowe's home improvement for professionals platform.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
Google Should Pay Billions To App Users For Data, Jury Told
Google made billions of dollars collecting data from the cellphones of tens of millions of Americans despite their opting out of tracking, a lawyer for consumers in a class action told a California federal jury Tuesday, while Google countered that the data collected after the privacy setting was activated isn't tied to users' identity.
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August 19, 2025
Ga. Salon's Ex-Worker Sues Over 'Egregious' Sexual Abuse
An Atlanta hair salon has been hit with a lawsuit from a former employee alleging that she was "systematically preyed upon and sexually assaulted" by its owner, who she says pressured her into performing sexual favors and retaliated against other workers who tried to intervene.
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August 19, 2025
Texas Co., Exec To Pay $12.4M In Customs Evasion FCA Suit
A Dallas-based countertop and cabinetry product supplier and its president agreed on Tuesday to pay more than $12.4 million to settle a False Claims Act suit alleging they conspired to evade import duties on quartz products from China, with more than $2.1 million designated for a whistleblower.
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August 19, 2025
Sony, PlayStation Gamers Revive Bid For $7.85M Settlement
Gamers who struck a $7.85 million settlement with Sony Interactive Entertainment to resolve their antitrust claims over downloadable game card prices have renewed their motion for preliminary approval of the deal, addressing issues a California federal court found in a previous request, including Sony's provision of account credits.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
Live Nation Customers Seek Antitrust Class Certification
Consumers accusing Live Nation of monopolizing the live entertainment industry are asking to certify a class in California federal court covering millions of concertgoers who have allegedly been overcharged for tickets since the concert promotion giant's 2010 merger with Ticketmaster.
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August 19, 2025
Detroit Fund Owner Gets 100 Months For $39M Investor Fraud
The former CEO and majority owner of a Detroit-based hedge fund firm was sentenced Monday to 100 months in federal prison for his role in a scheme to obtain more than $39 million from investors by lying about the fund's and investors' individual financial performance.
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August 19, 2025
Booking Holdings Settles Texas Junk Fee Suit For $9.5M
The parent company of popular hotel booking sites Booking.com and Kayak will pay $9.5 million to settle claims that it misled customers through rampant use of junk fees, the Texas Office of the Attorney General announced Tuesday.
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August 19, 2025
Onewheel Skateboard Maker Sued For Not Issuing Recall
A man allegedly injured using a motorized one-wheel skateboard has told a Colorado state court his injury was the fault of the skateboard's creator for not issuing a recall of a product it knew was dangerous.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
Sacramento Says 2nd Circ. Erred In Cannabis Ruling
The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.
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August 19, 2025
Cannabis Store Defends NY Labor Peace Law Challenge
A cannabis store challenging New York's requirement that marijuana businesses have labor peace agreements with employees asserted on Monday that the state's arguments in favor of the case's dismissal were unavailing.
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August 19, 2025
FTC Fights Order Blocking Media Matters Probe
The Federal Trade Commission is appealing a D.C. federal court's order preliminarily blocking an investigation into left-leaning watchdog Media Matters for America over concerns about collusion in the advertising industry and is asking to pause the order for the appeal.
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August 19, 2025
Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal
Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.
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August 18, 2025
Williams-Sonoma Loses Bid To Narrow Thread-Count Class
A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
Boehringer Long Ignored Zantac's Cancer Risks, Jury Hears
Boehringer Ingelheim ignored years of mounting concerns that the active ingredient in its over-the-counter drug Zantac degraded into a highly toxic compound, and it simply changed the color of its tablets to shield their problems, a colorectal cancer patient told an Illinois state jury Monday.
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August 18, 2025
Patent Licensing Co. Drops Starbucks Infringement Suit
A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.
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August 18, 2025
Fla. Rapper Sentenced To 3½ Years In Prison For $1M Fraud
A Florida federal judge sentenced a Miami rapper to more than three years in prison after a jury convicted him of fraud-related charges in connection with a scheme to defraud luxury merchandise vendors of more than $1 million.
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August 18, 2025
Ex-Lovesac Execs Stuck With Bulk Of SEC Fraud Suit
The U.S. Securities and Exchange Commission's suit against two former executives of beanbag chair maker Lovesac will move forward after a Connecticut federal judge ruled that the SEC had adequately pled knowledge of wrongdoing by the defendants and the materiality of alleged misstatements.
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August 18, 2025
Ex-GC Ordered To Destroy Files In Trade Secret Dispute
Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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What To Know About Bill Aiming To Curb CIPA
A bill pending in the California Assembly would amend the California Invasion of Privacy Act to allow for the use of website tracking technologies for commercial business purposes, limiting class actions seeking damages under the act for industry standard practices, say Katherine Alphonso and Avazeh Pourhamzeh at Kaufman Dolowich.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of the year, New York utilized every available tool to fill gaps left by federal retrenchment from consumer finance issues, including sweeping updates to its consumer protection framework and notable amendments to cybersecurity rules, say attorneys at Steptoe.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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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.