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Retail & E-Commerce
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September 25, 2025
Sunbeam Sued Over Alleged Crock-Pot Burn Injury
Sunbeam Products Inc. and its parent Newell Brands Inc. were hit with a lawsuit in Georgia federal court on Wednesday brought by a woman who alleges she was able to remove the lid from a Sunbeam pressure cooker while it was still under pressure, causing her to be seriously burned.
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September 25, 2025
Perrigo Mostly Beats US In $163M Tax Refund Dispute
A Michigan federal court largely sided Thursday with pharmaceutical company Perrigo in a $163 million tax refund case, rejecting the government's claim that the company's transactions with a foreign entity lacked economic substance and were meant only to avoid taxes.
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September 25, 2025
FTC, 19 States Halt Cancer Charity Scheme
A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.
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September 25, 2025
Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case
The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Texas Wins Remand Of PFAS Lawsuit Targeting 3M, Corteva
A Texas federal judge has remanded the state's lawsuit alleging that chemical companies including 3M Co. marketed and sold products like Teflon, Stainmaster and Scotchgard despite being aware of the toxicity of the forever chemicals within them.
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September 25, 2025
Pa. High Court Backs Two-Lab Rule For Medical Pot Products
The Pennsylvania Supreme Court on Thursday upheld a state rule requiring medical marijuana businesses to test their products at two separate laboratories, finding that the state law's emphasis on public safety empowered regulators to impose the requirement.
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September 25, 2025
Mich. Judge Backs $778M Judgment Against Auto Parts Mogul
A Michigan federal judge on Thursday said Alter Domus LLC can pursue a judgment against a Detroit-area businessman's trust in a decades-old dispute over a guaranty agreement, renewing the more than $770 million award to the administrative agent after determining it properly took over the case from JPMorgan Chase.
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September 25, 2025
TM Dispute Over DIY Dentures Dismissed In NC
A trademark row between a dental lab and denture manufacturer was dismissed Wednesday when a North Carolina federal judge agreed with Mabel Dental Lab Inc. and Crown Warranty LLC that their connections to the state are sparse at best.
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September 25, 2025
Costco Loses Bid To Slip Ugg Maker's Copycat IP Suit
Costco Wholesale Corp. cannot escape a trade dress infringement lawsuit by the maker of Ugg footwear, accusing it of ripping off its signature shearling footwear designs, a California federal judge ruled, saying the complaint plausibly alleges that consumers associate the designs with the Ugg brand.
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September 25, 2025
PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables
PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
EU, US Trade Officials Meeting On Tariff Deal
In advance of a meeting Thursday between European and U.S. trade officials, European Commission trade spokesman said discussion topics could include possible rate reductions and tariff exemptions for additional goods under an evolving bilateral framework trade agreement.
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September 25, 2025
Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi
The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
European Commission Probing SAP Over Software Support
European enforcers have opened an investigation into concerns that German software giant SAP restricts the market for maintenance and support services for the company's business management software.
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September 25, 2025
Fed. Circ. Upholds China Tariffs From Trump's 1st Term
The Federal Circuit on Thursday blessed a large batch of tariffs on Chinese goods installed by President Donald Trump during his first White House term, turning away a host of importers' claims that the levies had been imposed illegally.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ticketmaster, LA Sued For Sabotaging Kingston Trio Concerts
A concert promoter for the current iteration of the Kingston Trio has filed suit in California federal court, accusing the city of Los Angeles, the Greek Theater and Ticketmaster of sabotaging the folk and pop group's concerts in late 2024, including by making it hard for its older fan base to buy tickets.
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September 24, 2025
Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told
An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.
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September 24, 2025
Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal
A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.
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September 24, 2025
CVS Moves To End Worker's Tobacco Surcharge ERISA Suit
CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.
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September 24, 2025
Ill. Justices Won't Hear Pepsi's $2.1M Tax Penalty Case
An Illinois appeals court decision allowing $2.1 million in penalties against PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll will stand, as the state's highest court declined to review the dispute Wednesday.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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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.