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Retail & E-Commerce
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March 21, 2025
Amazon Beats Consumer's Suit Over Late Delivery Again
A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.
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March 21, 2025
Latham-Led Online Ticket Giant StubHub Files IPO
Private equity- and venture-backed online ticket reseller StubHub Holdings Inc. on Friday filed its long-awaited initial public offering plans, represented by Latham & Waktins LLP and underwriters counsel Cooley LLP.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Meta Defends Need For Current Data In FTC Case
Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.
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March 21, 2025
Gibson Gets Infringement Finding Plus $1 In Guitar TM Retrial
A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.
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March 21, 2025
No 'Cosmic Coincidence,' Atty Suggests In Peet's Privacy Suit
Counsel for a digital marketing company on Friday urged a California federal judge to reject a class certification bid in a suit accusing it and Peet's Coffee of unlawfully tracking internet users' browsing activity, accusing a would-be lead plaintiff of trying to intentionally trigger the tracking to become a class representative.
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March 21, 2025
Crocs Defends News Release In Bid To Beat Defamation Suit
Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Unlockd To Take Google Antitrust Battle To 9th Circ.
Defunct advertising app maker Unlockd is hoping the Ninth Circuit will revive its antitrust suit accusing Google of allowing the then-up-and-coming business to build a reliance on Google platforms and then cutting it off once it became a threat.
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March 21, 2025
Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge
The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.
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March 21, 2025
Black Ex-Manager Hits Lowe's With Racial Bias Claims In NC
A Black former manager at Lowes Companies Inc. has said that she was fired because of her race and that before her termination she was treated differently from white colleagues by her supervisor to the point that she was not given resources necessary to do her job.
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March 21, 2025
DC Circ. Won't Let Apple Intervene For Google Search Fix Trial
A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.
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March 20, 2025
FTC Asks 8th Circ. To Nix Click-To-Cancel Rule Challenges
The Trump administration's Federal Trade Commission isn't planning an about-face on the "click-to-cancel" rule debuted last year under the Biden administration, at least according to a recent filing asking the Eighth Circuit to dismiss a petition challenging the rule.
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March 20, 2025
Industry Groups Criticize Withdrawal Of PTAB Denial Memo
Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.
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March 20, 2025
Class In Bayer 'One A Day' Gummies Lawsuit Gets Judge's OK
A New York federal judge on Wednesday certified a class of consumers who allege that the labeling on Bayer's "One A Day" vitamin gummies is misleading, finding that an expert's survey found that the consumers found that it was so.
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit
The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.
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March 20, 2025
Texas Senators Approve Bill Banning THC Consumables
The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.
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March 20, 2025
Samsung's Phone Screen Patent Case Dies At ITC
Samsung has failed to convince the U.S. International Trade Commission to second-guess an administrative law judge who decided last year that the smartphone giant could not bring a patent case at the agency against a major Chinese rival that makes replacement screens for smartphones.
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March 20, 2025
9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit
A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.
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March 20, 2025
Chinese Pool Firms Banned From US Sales Until Judgment Is Paid
A North Carolina federal judge barred multiple Chinese companies and their owner from importing and selling pool equipment in the United States until they pay off a prior $17.8 million judgment after finding them in contempt for "actively frustrating" collection efforts by moving money around despite restraining orders.
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March 20, 2025
Saatva Misled Consumers About Mattress Material, Suit Says
Saatva, a direct-to-consumer mattress brand, has been hit with a proposed class action in a New York federal court, with shoppers accusing it of misrepresenting that its products are nontoxic, natural and chemical-free, even though its mattresses contained materials that pose health and environmental concerns.
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March 20, 2025
Oracle Eyes Stake In TikTok's US Entity, And More Rumors
Oracle is considering acquiring a stake in TikTok's U.S. operations that would allow the social media giant to continue doing business here under certain security assurances. Meanwhile, Brookfield Asset Management has emerged as the top contender to acquire Colonial Pipeline, and German drugmaker Stada is delaying its IPO until at least September because of market volatility. Here, Law360 breaks down the notable deal rumors from the past week.
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March 19, 2025
Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.
A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.
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March 19, 2025
Philip Morris Must Face Bulk Of Fla. Zyn Injury Suits
A Florida federal judge trimmed on Wednesday a single fraudulent concealment claim against Philip Morris' subsidiary in a pair of consumer lawsuits alleging ongoing injuries caused by addictions to Zyn nicotine pouches, but the judge refused to toss other claims, rejecting Philip Morris' jurisdictional challenges.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.