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Retail & E-Commerce
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November 05, 2025
Home Depot Must Face False Arrest Suit, Fla. Panel Says
A Florida appeals court on Wednesday revived a man's suit alleging a Home Depot store falsely imprisoned him on suspicion of stealing windows, saying there are disputes of fact that should have precluded summary judgment in the store's favor.
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November 05, 2025
Amazon Sues Perplexity Over Shopper-Impersonating AI Tool
Global retailer Amazon.com slapped Perplexity AI with a federal lawsuit that claims the San Francisco startup's use of an AI-powered "personal assistant" Comet to make purchases on the Amazon platform goes against its terms of service and is creating a security risk.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
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November 05, 2025
NY Bill Would Nix Mobile Telecom Services Sales, Excise Tax
New York would eliminate state sales and compensating use tax and state excise tax on mobile telecommunication services and authorize local governments to eliminate their portion of sales and use tax for such services under a bill introduced in the state Assembly.
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November 04, 2025
Hagens Berman Owes $2M Over Failed Suit, Tech Giants Say
Amazon and Apple have told a Seattle federal judge that Hagens Berman Sobol Shapiro LLP should cover nearly $2 million in defense costs because of the firm's "misrepresentations" while litigating a lawsuit accusing the two companies of conspiring to limit device sales on the e-commerce platform.
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November 04, 2025
Hustler Casino HR Manager Fired For Speaking Up, Suit Says
Flynt Management Group's former human resources manager alleges he was terminated after speaking up about the company's "entrenched culture of non-compliance" that spilled out onto its Hustler Casino, saying the company fired employees who blew the whistle over gaming regulations and those whose documented medical absences kept them off work, according to a complaint filed Monday in California state court.
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November 04, 2025
4th Circ. Urged To Revive Bias Suit Over COVID Vaccine Firing
A Black former sales administrator asked the Fourth Circuit on Monday to revive her religious and race bias lawsuit, arguing that her employer knew she was deeply religious and she proved a "sincerely-held belief" against receiving the COVID-19 vaccine.
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November 04, 2025
Nordstrom Customers Sue Over Allegedly Misleading Spam
Nordstrom Inc. sent hundreds of marketing emails that tricked customers into thinking they had only a short window of time to obtain deep discounts at Nordstrom Rack, plaintiffs said in a new proposed class action alleging the messages broke Washington state law.
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November 04, 2025
DOJ, Google Spar Over Breakup Bid In Ad Tech Case
The U.S. Department of Justice is continuing to push a Virginia federal court to force Google to sell its ad exchange in the monopolization case over the company's advertising placement technology while Google is asking the court to impose more modest behavioral remedies.
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November 04, 2025
Industry Groups Want Trump Admin To Stop PTAB Changes
Various organizations representing manufacturers have asked the Trump administration to rein in recent policies of the U.S. Patent and Trademark Office that they say are harming their ability to defend themselves in infringement litigation and will end up "looting" the economy.
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November 04, 2025
Mass. Attys Split As Punitive Damages Rules Go To Top Court
A case before Massachusetts' top appellate court over whether more safeguards are needed to cap runaway punitive damage awards has divided attorneys, with some saying the big-dollar verdicts can be skewed by improper evidence and others calling the matter a solution in search of a problem.
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November 04, 2025
Alcohol Interests Urge Congress To Ban Intoxicating Hemp
Alcohol industry trade organizations on Tuesday urged congressional leaders to close the federal policy loophole that allowed for the proliferation of loosely regulated products containing intoxicating THC derived from hemp.
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November 04, 2025
Top Groups Lobbying The FCC
October's government shutdown didn't snuff out lobbying efforts at the Federal Communications Commission. While the number of disclosed appearances fell sharply, various groups managed to share their views on broadband "nutrition" labels, next-generation TV, C-band spectrum, anti-robocall rules and more.
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November 04, 2025
Colo. Car Broker's Misclassification Shorted OT, Court Told
An automotive broker company misclassified brokers as overtime-exempt under an exemption that applies only to outside sales workers, a former employee alleged in a proposed class and collective action in Colorado federal court.
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November 04, 2025
Littler Adds Veteran In-House Atty From Amazon In California
Employment and labor law firm Littler Mendelson PC has expanded its offerings in San Francisco with a veteran in-house attorney who most recently spent over eight years at Amazon.
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November 03, 2025
Squires' First Orders Reject PTAB Petitions En Masse
U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation.
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November 03, 2025
Judge Denies New Trial In SuperValu Whistleblower Drug Case
An Illinois federal judge has refused to grant a new trial to whistleblowers who said grocery chain SuperValu systematically overbilled the government for prescription drugs, finding there was no issue with jury instructions on causation.
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November 03, 2025
OpenAI Seeking Rejected DOJ Search Fixes, Google Says
Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.
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November 03, 2025
College Apparel Co. Denied New Trial In Penn State TM Suit
A Washington sportswear company can't get a new trial over its alleged infringement of Pennsylvania State University's trademarks on its print-on-demand merchandise, after the company was permanently barred from using the university's name or logos by a federal judge.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Apparel Co. Demands Defense Coverage For Adidas TM Suit
Apparel brand Aviator Nation Inc. told a California federal court that its general liability carrier must defend an ongoing lawsuit from Adidas America Inc. alleging that Aviator Nation violated Adidas' famous "three-stripe" trademark, saying that even the potential for coverage triggers an insurer's duty to defend.
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November 03, 2025
Philip Morris To Pay $66M Under New Wash. Tobacco Deal
Washington will receive $66 million from Philip Morris under a new settlement resolving long-running disputes over annual payments owed by the major tobacco company under a landmark multistate deal with tobacco producers in 1998 over public health costs, according to the Washington State Attorney General's Office.
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November 03, 2025
'Exercise More Restraint,' Judge Tells OpenAI Co-Founder
A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.
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November 03, 2025
Amazon Should Pay For Security Checks, Conn. Justices Told
Amazon must pay Connecticut warehouse workers for time spent waiting for and undergoing security screenings because state wage and hour laws contain unique "hours worked" definitions that do not appear in the federal Fair Labor Standards Act, the employees' lawyer told the Connecticut Supreme Court on Monday.
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November 03, 2025
Compass Says Zillow Ban Update Proves Its Point
Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.
Expert Analysis
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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.
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Latest Influencer Marketing Class Actions Pinpoint 5 Themes
Several recent deceptive marketing class actions against both brands and influencers attempt to transform arguably routine business practices into a new focus area for consumer complaints, suggesting a coordinated approach to test what could become an increasingly popular area of litigation, say attorneys at Morgan Lewis.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.