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Retail & E-Commerce
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November 06, 2025
Crocs Urges Fed. Circ. To Reverse ITC Clog Import Ruling
Clogs maker Crocs urged the Federal Circuit on Thursday to reverse a decision from the U.S. International Trade Commission not to impose a ban on imports that the Colorado-based company says are confusingly similar to its own footwear, arguing that the ITC erred in how it considered Crocs' fame and its competitors' intent to confuse consumers.
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November 06, 2025
Auto Parts Co. Cheated Drivers Out Of Wages, Court Told
An automotive parts retailer paid drivers based on how long a specific route was supposed to take, not how much they actually worked, a former employee said in a proposed class and collective action filed in North Carolina federal court.
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November 06, 2025
Google-Epic Judge Raises Doubts About App Antitrust Deal
The California federal judge overseeing Epic Games' antitrust suit against Google expressed serious doubts Thursday about their recent deal to end their fight over Android app distribution, ordering an evidentiary hearing and warning he's not sure the proposed deal will correct Google's illegal conduct.
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November 06, 2025
Pfizer Matches Novo's $10B Metsera Bid, And Other Rumors
Pfizer Inc. reportedly raised its offer for Metsera Inc. to match a $10 billion bid from Novo Nordisk Inc., as a bidding war and legal squabble play out between the drugmakers. Among other deal-related rumors, Apollo Global Management Inc. reportedly dropped its bid to take private pizza chain Papa Johns International Inc., and new developments emerged as Warner Bros. Discovery Inc. weighs potential sale options.
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November 06, 2025
Meijer Health Plan Smoking Charge Shirked ERISA, Suit Says
Supercenter chain Meijer unlawfully penalized workers with a $20-a-week health plan charge for using tobacco, a worker said in a proposed class action, claiming the company failed to properly follow regulations that allow workers to recoup the fee by participating in a wellness program.
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November 06, 2025
Wayfair's Quotas Stood In Way Of Breaks, Ex-Worker Says
Wayfair imposed unreasonable quotas on workers for unloading and sorting furniture that led to missing meals, rest and cooling-down breaks, as well as unpaid wages, a former employee told a California state court.
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November 05, 2025
4 Firms Fueling Website Tracking Claims, Cyber Insurer Says
A quartet of California-headquartered consumer law firms were behind nearly three-quarters of the website tracking and data privacy claims that both large and small businesses have reported to cyber insurer Coalition Inc. in recent years, according to a new report released Wednesday.
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November 05, 2025
Mallinckrodt Faces Antitrust Suit Over Oxycodone Supply Halt
A generic-drug company has claimed in a lawsuit filed in Pennsylvania federal court that Mallinckrodt LLC and a subsidiary have cut off the supply of active ingredients necessary to make competing drugs that include oxycodone and acetaminophen.
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November 05, 2025
Microsoft Wants To Weigh In On Google Search Fixes, Too
Microsoft is urging a D.C. federal court to make sure that the limits imposed on Google in the U.S. Department of Justice's search monopolization case prevent the search giant from inking multiyear default agreements and that they reach new types of generative artificial intelligence products.
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November 05, 2025
Apple, Google CEOs Can't Yet Be Deposed In Antitrust Suit
Consumers accusing Google of hatching a deal with Apple to make it the default search engine on the iPhone will not be allowed to depose Apple CEO Tim Cook and Google CEO Sundar Pichai as part of their antitrust case accusing Google of suppressing rival search engines.
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November 05, 2025
Hanes Juiced Sales With False 'Last Day' Email Ads, Suit Says
Advertising emails sent by Hanes about apparently limited-time deals violated a Washington state law barring commercial emails with false or misleading subject lines, a Thurston County woman claimed in a proposed class action removed to federal court in Spokane on Wednesday.
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November 05, 2025
PTAB Upholds Shopping Patent After Google Challenge
The Patent Trial and Appeal Board has refused to invalidate claims in an image-capturing patent used in retail clothes shopping environments, finding that Google was unable to show the claims were obvious.
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November 05, 2025
Convicted Man Seeks New Trial In $200M Smuggling Case
A man who was convicted of assisting in a scheme to smuggle as much as $200 million worth of counterfeit luxury goods into the U.S. has asked a California federal judge for a new trial, challenging the government's evidence that he knew what he was doing was illegal.
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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.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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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.