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Retail & E-Commerce
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September 03, 2025
Pressure Washers Can Explode, Cause Injuries, Suit Claims
A consumer claims in a proposed California federal class action suit that TTI Outdoor Power Equipment Inc. pressure washers can explode and injure users, and that the company did nothing for years despite complaints.
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September 03, 2025
Texas Bill Would OK More Sales Tax For Property Tax Relief
Texas would allow local governments to impose supplemental sales and use tax to raise additional revenue for property tax relief if the sales and use tax is approved by voters under a bill introduced in the state House of Representatives.
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September 02, 2025
Visa, Mastercard Still Can't Beat Intuit, Block Antitrust Claims
A New York federal judge has rejected Visa and Mastercard's latest effort to ditch antitrust claims brought by Intuit and Block in long-running multidistrict litigation over payment processing fees, agreeing with a magistrate judge's finding that the court has already considered and rejected the credit companies' arguments.
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September 02, 2025
Billions Or 'Bogus'? Google Privacy Case Goes To Calif. Jury
Google should pay billions of dollars in compensatory damages for unlawfully collecting data from 98 million cellphone users, a lawyer for a class of consumers told a California federal jury during closing arguments Tuesday, while Google said it obtained consent and called the damages sought "bogus."
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September 02, 2025
Overnight Oat Co. Exaggerates Protein Content, Suit Says
The Chicago-based maker of Mush Overnight Oats, which was featured on "Shark Tank," was hit with a proposed class action in California federal court by a woman who claims it overstates the protein amount consumers will get from eating its products.
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September 02, 2025
Amazon Judge Unseals Ruling Certifying Huge Antitrust Class
A largely unredacted version of a Washington federal judge's order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies was filed Friday, offering a window into the court's viewpoints after the initial order was sealed.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
$33M Pfizer Antitrust Deal OK'd, First MDL Trial Date Set
A Pennsylvania federal judge has granted preliminary approval for a $33 million settlement between Pfizer and a class of direct purchasers claiming it fixed the prices of generic drugs, while also setting a date for the first bellwether trial in the antitrust litigation.
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September 02, 2025
Harley-Davidson Riders Want Another Look At Warranty Case
Customers targeting Harley-Davidson's motorcycle warranties are asking the Seventh Circuit for a rehearing, arguing that an appeals panel misconstrued language in the warranties and was wrong to reject claims that the company competes in a market for American motorcycles.
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September 02, 2025
Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit
A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.
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September 02, 2025
Colo. Gun Group Challenges Semi-Auto Restrictions Law
Colorado's official branch of the National Rifle Association told a federal judge on Tuesday that recently passed legislation restricting ownership of certain semi-automatic firearms violates the Second Amendment.
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September 02, 2025
Google Calls DOJ Ad Tech Expert 'Unqualified'
Google asked a Virginia federal judge to block key U.S. Department of Justice evidence from the upcoming trial in which the government will seek the breakup of the company's advertising placement technology business, arguing its internal analysis on the feasibility of a breakup is protected.
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September 02, 2025
Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit
Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.
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September 02, 2025
Nike, StockX Resolve Counterfeiting Suit Ahead Of Trial
Shoe giant Nike and sneaker reseller StockX LLC have agreed to end Nike's false advertising claims that StockX sold counterfeit Nike shoes, according to a filing in New York federal court.
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September 02, 2025
Digimarc Hit With Second Investor Suit Over Lost Contract
Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
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September 02, 2025
Google Keeps Chrome, Payments, But Must Prop Up Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser or that it be barred from paying for search engine placement.
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September 02, 2025
Mich. Judge Nixes 5-Hour Energy Rival's Antitrust Suit
A Michigan federal judge has tossed a lawsuit accusing 5-Hour Energy of blocking competitors from the market through deals to have its products displayed at checkout counters, finding a competitor failed to adequately allege antitrust injury.
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September 02, 2025
Ex-Target Legal Chief To See $3M In 'Income Continuation' Pay
Target's former chief legal and compliance officer, who left the retailer in June after less than a year, is set to receive just over $3 million in "income continuation" payments, according to a securities filing Friday.
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August 29, 2025
Google Fights Gemini AI Query As App Privacy Trial Wraps
A multibillion-dollar trial over claims that Google illegally collected app data from 98 million consumers grew contentious Friday when the plaintiff's lawyer asked the tech giant's expert if he considered using Google's AI tool to see if data Google says is scrubbed of personal information could be re-identified.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Ohio Appeals Common Carrier, Public Utility Bid For Google
The Ohio Attorney General's Office said that enforcers have appealed a pair of state court rulings that refused to subject Google to heightened oversight by declaring its search engine a common carrier or a public utility.
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August 29, 2025
OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role
A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.
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August 29, 2025
EEOC, Sam's Club Strike $60K Deal In ADA Suit
The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.