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Retail & E-Commerce
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December 12, 2025
UPPAbaby Moves To Toss Suit Claiming Car Seat Defects
The maker of UPPAbaby infant products urged a New Jersey federal judge on Thursday to toss a grandmother's proposed class action alleging that three of its infant car seat models are defective, saying the suit "piggybacks" on some parents' grievances about their children's discomfort.
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December 12, 2025
J&J Hit With $40M Verdict In Bellwether Talc Trial In LA
A Los Angeles jury on Friday hit Johnson & Johnson with a $40 million verdict after a month-long bellwether trial, finding its talc products were a substantial factor in causing two women's ovarian cancer but declining to award punitive damages against J&J, which is facing thousands of talc claims nationwide.
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December 12, 2025
Starbucks Defends Ex-CFO In Investors' 'Triple Shot' Suit
Starbucks Corp. is fighting shareholders' effort to reinstate claims against its former chief financial officer in a lawsuit they brought over the company's "Triple Shot" reinvention plan, arguing that a judge in Seattle correctly dismissed claims against the onetime executive.
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December 12, 2025
NC Supreme Court Clarifies Tax On Prepaid Wireless
A North Carolina cellphone retailer for Boost Mobile products is responsible for tax on prepaid wireless calling services, the state's highest court ruled Friday, though finding that when those services changed to take the form of cards with stored value, tax liability shifted to Boost.
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Zappos Hit With Wiretapping Suit Over Meta Info Disclosure
A customer of online shoe and apparel retailer Zappos.com sued the company claiming it allowed Meta to eavesdrop on customer activity despite representing that their information was being safeguarded.
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December 12, 2025
Exec Says Netflix Used Vax Status As Cover For Biased Firing
Netflix fired a production executive for refusing to get a COVID-19 vaccine out of retaliation for her complaints that the company mocked the religious beliefs of the unvaccinated and pushed a sexually charged company culture, according to a bias suit the former employee filed in California state court.
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December 12, 2025
Cayuga Nation RICO Win Overshadowed By Pot Shop Verdict
The Cayuga Nation suffered a partial loss Thursday when a New York federal jury essentially sided with a tribal citizen and his partner, who were operating an illicit smoke shop, finding that although the business owners did violate RICO, the damages they incurred due to a tribal police seizure were far worse.
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December 12, 2025
Tool Co. Misclassifies Calif. Workers As Contractors, Suit Says
An Ohio-based tool company stiffs its California dealers on pay by misclassifying them as independent contractors and is threatening to force workers to arbitrate their claims in Ohio, according to a proposed class action filed in California federal court.
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December 12, 2025
Goldberg Segalla Adds Hospitality Pro In Orlando
Goldberg Segalla LLP picked up a new special counsel for its retail and hospitality group in Orlando from Pozo-Diaz & Pozo PA.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 11, 2025
NLRB Judge Tosses Case Against 'Memphis 7' Starbucks
An administrative law judge has determined that Starbucks didn't violate the National Labor Relations Act when it surveilled employees' union activities, more strictly enforced its punctuality policy and disciplined a union employee at a store that illegally fired seven activists in 2022.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
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December 11, 2025
LA Bellwether Jury To Decide If J&J Hid Talc Risk For Decades
An attorney for one of two women who claim Johnson & Johnson's talcum products caused their ovarian cancer told a California jury Thursday in a bellwether trial's closing arguments that the company hid the health risks of talc for decades, while the company's attorney insisted the science is on their side.
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December 11, 2025
Ex-Abercrombie CEO Headed For Competency Hearing
A New York federal judge said Thursday she will hold a competency hearing for former Abercrombie & Fitch Co. CEO Michael Jeffries to see whether he can stand trial on sex trafficking charges, following recent findings that he's overcome his earlier incompetency.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
5th Circ. Weighs Constitutionality Of Gun Dealer Licensing Law
A Fifth Circuit panel seemed dubious Thursday of a gun dealer's claim that licensing requirements imposed on firearm merchants run afoul of the Second Amendment, asking if the dealer was arguing that the federal government cannot regulate gun sellers.
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December 11, 2025
Del. Court Mulls Mootness Fee Options In Bolt Suit Settlement
A Delaware vice chancellor indicated Thursday that he was leaning toward awarding 10% to 15% of the benefit secured by attorneys who battled for cancellation of $37.5 million in Bolt Financial Group stock used by company controller Ryan Breslow to secure a later defaulted-upon personal loan.
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December 11, 2025
Split Pa. Panel Blocks Police Reports On Liquor Licensee
A trial court was wrong to deny a Philadelphia establishment's appeal for renewal of its liquor license, since nearly a dozen police reports the court considered should have been excluded as hearsay, a split appellate panel said Thursday.
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December 11, 2025
Agri Stats Says DOJ Wants To 'Leapfrog' Pork Pricing Claims
Agri Stats urged a Minnesota federal court to reject the Justice Department's bid to "leapfrog" a set of private antitrust cases involving pork prices by using a scheduled May trial for its information sharing claims against the data firm instead.
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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December 11, 2025
Ga. Justices Leave $500K Atty Fee Lien In Place
The Georgia Supreme Court decided it won't review a lower appellate court's ruling that upheld a nearly $500,000 lien awarded to a team of Atlanta personal injury lawyers who said they were bilked by a former client.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
Expert Analysis
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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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.