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Retail & E-Commerce
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June 18, 2025
Belk Didn't Protect Private Info From Data Breach, Suits Say
Belk Inc. allegedly failed to safeguard the personal information of its employees and customers from hackers, resulting in a cyberattack that the department store chain has reportedly concealed, according to a pair of class action lawsuits filed in North Carolina.
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June 18, 2025
Judge Skeptical That Assa Abloy Needn't Extend Supply Deal
A D.C. federal judge suggested Tuesday that Assa Abloy faces an uphill fight resisting efforts by its divestiture buyer to extend a supply agreement inked as part of an asset sale deal resolving a U.S. Department of Justice merger lawsuit.
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June 18, 2025
NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'
A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.
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June 18, 2025
Defamation Brawl Over Braves Auction Booted To Georgia
A Texas federal judge shipped auctioneer Heritage Vintage Sports' defamation suit against the Atlanta Braves over auctions of the team's merchandise to Georgia federal court, finding that the dispute did not carry specific ties to the Lone Star State.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
8th Circ. Says NLRB Misapplied Standard In Starbucks Case
The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.
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June 17, 2025
Pot Shops Have Rights In Federal Court, Mich. Judge Says
A Michigan federal judge Tuesday declined to remand a lawsuit from cannabis companies alleging the city of Grand Rapids' marijuana licensure program imposes illegal fees, rejecting the companies' argument that the case belongs in state court since marijuana remains illegal under federal law.
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June 17, 2025
David Protein Avoids Court Ordered Ingredient Sale For Now
A New York federal court has refused to issue an early order requiring David Protein to supply a fat replacement ingredient to several low-calorie food producers after the protein bar-maker purchased the ingredient's only manufacturer.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
Ill. Increases Sports Betting, Tobacco Tax And Taxes Airbnbs
Illinois increased its tax on sports betting and tobacco products and extended its tax on hotel operators to include short-term rentals like Airbnbs and Vrbos under a budget bill approved by the governor.
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June 17, 2025
Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit
Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.
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June 17, 2025
Hemp Interests Urge Court To Halt Md. Licensing Policy
A group of Maryland hemp interests is urging a federal court to halt enforcement of a state policy which would require retailers to obtain recreational cannabis licenses to buy and sell hemp products, which they say is impossible to do.
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June 17, 2025
Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal
A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
Meta Can't Nix FTC's Lead Econ Expert From Antitrust Trial
A D.C. federal judge on Tuesday refused to exclude testimony by the Federal Trade Commission's lead economics expert during an antitrust trial over Meta's acquisitions of WhatsApp and Instagram, finding Meta already had the chance to question if he was biased and that it wouldn't improperly influence a jury since it's a bench trial.
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June 17, 2025
Hyundai Dealership Sues Snell & Wilmer Over 'Botched' Filing
A Los Angeles Hyundai dealership has hit Snell & Wilmer with a professional negligence lawsuit in California state court, accusing the firm and three attorneys of lying about an allegedly obviously "botched" arbitration motion in underlying litigation and then pursuing a meritless appeal costing Hyundai over $725,000 in unwarranted fees.
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
School's Out: 8 Summer Reading Picks For IP Attorneys
For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
Sam's Club $310M Tobacco Tax Bill OK'd By Ill. Appeals Panel
A Sam's Club outlet in Illinois was correctly assessed $310 million for its failure to pay county tobacco taxes on cigarettes it sold to out-of-county retailers, a state appeals panel said in a judgment, reversing a circuit court decision.
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June 17, 2025
PepsiCo Makes Workers Undercount Hours, PAGA Suit Says
PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.
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June 17, 2025
Chicago Smoke Shop Fights License Ban Near Midway Airport
A Chicago smoke shop on Monday sued the city over a new ordinance banning the sale of and possession of cannabinoid hemp products, saying an additional clause blocking tobacco licenses in a neighborhood near the Chicago Midway International Airport goes too far.
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June 16, 2025
Ex-Gree Execs Get 3 Yrs. In Landmark Product Safety Case
Two former Gree USA Inc. executives were sentenced to approximately three years in prison each by a California federal judge on Monday, after being found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission by failing to report defective humidifiers in landmark criminal convictions under the Consumer Product Safety Act.
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June 16, 2025
Smoke Shop Fights 2nd Shutdown By NY Cannabis Agency
A western New York smoke shop, shut down for allegedly selling cannabis without a license, is urging a state court to override a decision by the Office of Cannabis Management to close the shop months after it was allowed to reopen, arguing that the agency violated state law by not giving the business a chance to challenge the second closure.
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June 16, 2025
Bank Groups Will Join In On Fed's Debit-Card Swipe Fee Fight
Two banking industry groups received a North Dakota federal judge's permission Monday to present the perspective of banks when he holds a key hearing next month to mull a retailer-backed legal challenge to the Federal Reserve's limits on debit-card swipe fees.
Expert Analysis
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.