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Retail & E-Commerce
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December 02, 2025
CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims
CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday.
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December 02, 2025
Tribe Can't Recover Lost Profits For Pot Sales Under RICO
A New York federal judge has ruled that cannabis' federal illegality means that the Cayuga Nation cannot invoke a federal racketeering law to recover lost profits from retailers' unsanctioned cannabis sales on tribal land.
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December 01, 2025
Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets
Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
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December 01, 2025
Home Depot Ex-Worker's Appeal In 401(k) Suit Dismissed
The Eleventh Circuit on Monday tossed an appeal by a former Home Depot worker in a proposed class action alleging the company misspent forfeited employer contributions in its employee 401(k) plan, several months after a Georgia lower court concluded that the lawsuit failed to state a claim.
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December 01, 2025
Chancery OKs $9.4M Deal To End Sears Take-Private Suit
Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.
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December 01, 2025
Apple IPhone Buyers Push To Appeal Class Decertification
Consumers told the Ninth Circuit they need to appeal a district court ruling that decertified a class of iPhone buyers expected to reach 200 million members in an antitrust case over Apple's App Store policies because the ruling was a "death knell" for the case.
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December 01, 2025
NY Cannabis Regulators Says Town's Zoning Code Preempted
New York State Office of Cannabis Management told a New York federal court that a local town's zoning law at the heart of a dispute between the town and a licensed cannabis dispensary "is preempted and invalid" due to a prior state board decision.
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December 01, 2025
Worker Wants Cannabis Co. Trade Secrets Suit Trimmed
A former supervisor at New Jersey cannabis products maker Kushi Labs LLC is looking to whittle down a trade secrets lawsuit accusing her of siphoning off confidential materials and giving them to a rival, arguing in a Wednesday filing that a federal law prohibits only hacking, not employees' misuse of their access.
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December 01, 2025
Crocs' 3D Marks Not Famous, Rival Tells Colorado Court
A footwear company has told a Colorado federal court that Crocs' shoe designs lack the necessary widespread recognition to be registered for a trademark, asking for the court to grant it a win on its arguments that Crocs' "3D" marks are invalid.
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December 01, 2025
Starbucks To Pay $39M In NYC's Fair Workweek Law Probe
Starbucks has agreed to shell out nearly $39 million following a New York City Department of Consumer and Worker Protection probe that found the coffee chain had violated the city's Fair Workweek Law, the department and Mayor Eric Adams announced on Monday.
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December 01, 2025
Trump Tariff Refund Rights Should Be Preserved, Costco Says
The federal government should have to refund President Donald Trump's emergency tariffs paid by Costco Wholesale Corp., the company told the U.S. Court of International Trade.
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December 01, 2025
Samsung Accused Of Infringing Security Patents In EDTX
A Wyoming-based patent owner has hit Samsung with a lawsuit in Texas federal court, claiming the South Korean electronics giant's security platform is infringing a pair of patents on ways to protect data.
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December 01, 2025
Suit Against Erika Girardi's Atty Tossed As 'Shotgun Pleading'
A Florida federal court has dismissed a clothing company's abuse of process suit against an attorney of "Real Housewives of Beverly Hills" star Erika Jayne for being a shotgun pleading.
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December 01, 2025
Somnigroup Lobs All-Stock Takeover Offer For Leggett & Platt
Bedding giant Somnigroup International Inc., advised by Cleary Gottlieb Steen & Hamilton LLP, on Monday revealed it had submitted an unsolicited all-stock takeover proposal for Latham & Watkins LLP-advised Leggett & Platt.
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December 01, 2025
Texas Says Shein May Have Sold Unsafe Products
The Texas Office of the Attorney General has launched an investigation into global retailer Shein US Services LLC Corp. and its affiliates, saying Monday the fast-fashion company may have violated consumer safety laws.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
Libertarian Orgs. Tell Justices Cannabis Ban Is Outdated
A pair of libertarian advocacy groups have filed friend-of-the-court briefs urging the U.S. Supreme Court to hear a case challenging the federal prohibition on marijuana, arguing that a 20-year-old precedent wrongly expanded Congress' power to regulate intrastate commerce.
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December 01, 2025
Chewy Can't Strike Negligence Claim In Tripping Death Suit
A Connecticut state judge won't let pet supply company Chewy Inc. strike a negligence claim in a suit alleging that a woman died after tripping over a delivery package, rejecting the company's argument that it owed no duty that was breached.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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November 26, 2025
Huggies' 'Hypoallergenic' Diapers Cause Rashes, Suit Says
A "secret reformulation" of disposable Huggies children's diapers is causing severe skin reactions, a proposed class action filed in New York federal court has alleged, claiming that manufacturing giant Kimberly-Clark is still marketing the product as "hypoallergenic" despite pleas for a recall on the Huggies website.
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November 26, 2025
Amazon Gets NY's NLRB Fill-In Law Blocked For Now
A New York federal judge issued a preliminary injunction blocking a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, ruling that Amazon is likely to prevail in its challenge of the measure.
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November 26, 2025
Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary
California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches.
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November 26, 2025
Bergdorf Goodman Exec Is Sued To Stop Move To Nordstrom
Saks Global has filed suit in Texas federal court seeking to stop a "high-visibility executive" who recently resigned from its Bergdorf Goodman subsidiary from joining Nordstrom Inc., accusing the former executive of breaching noncompete obligations and improperly retaining trade secrets she allegedly downloaded before resigning.
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November 26, 2025
Justices Urged To Mull 9th Circ. OK Of NLRB Order On Macy's
The Ninth Circuit defied U.S. Supreme Court precedent and opened a circuit split when it upheld a National Labor Relations Board order making Macy's rehire striking workers and dole out novel remedies covering workers' losses, the company argued in a bid for the high court's review.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Bankruptcy Courts May Offer Relief For Tariff-Driven Distress
The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.