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Retail & E-Commerce
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March 25, 2025
PTAB Leader Explains Denial Policy After Withdrawn Memo
The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.
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March 25, 2025
Mondelez, Ghost Beat Suit Over Candy-Flavored Energy Drink
An Illinois federal judge has tossed out parents' claims that Mondelez and energy drink maker Ghost illegally deceive consumers into thinking Ghost's "Sour Patch Kids"-flavored beverages are suitable for children, saying no reasonable adult consumer would interpret the labels that way.
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March 25, 2025
Philly Beats Curfew Suit By Minority-Owned Liquor Stores
A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.
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March 25, 2025
7-Eleven Defends Cautious Antitrust Approach To Deal Talks
The parent company of 7-Eleven on Tuesday defended its wary approach to a proposed acquisition by Alimentation Couche-Tard Inc. saying it has legitimate concerns about the deal clearing U.S. antitrust enforcers.
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March 25, 2025
Privacy Statements OK By Pa. Wiretapping Law, Judge Says
Websites that disclose third-party data collection in privacy statements that a "reasonably prudent person" could see do not violate Pennsylvania's laws against wiretapping, a federal judge has ruled, throwing out a long-running lawsuit that defendants claimed could have rendered many websites illegal.
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March 25, 2025
Court Tosses Suit Alleging NY Pot Regulations Are Biased
A New York federal judge on Tuesday dismissed an action alleging that the Empire State's cannabis social equity licensure program discriminated against white men.
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March 25, 2025
No More C-Suite 'Deference' At FTC, Ferguson Says
Federal Trade Commission Chairman Andrew Ferguson took aim Tuesday at previous antitrust enforcers' "hands off" approach, which he said worried too much about stifling Big Tech's momentum and innovation and not enough about the power that online platforms "wielded over our daily lives."
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March 25, 2025
Franchise Group Senior Lenders Sue Junior Creditors
First-lien lenders of debtor Franchise Group Ltd. that are owed $1 billion have filed an adversary complaint in the retail chain operator's Chapter 11 case in Delaware, saying junior lenders owed more than $100 million are seeking to cash out secured collateral in violation of an intercreditor agreement.
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March 25, 2025
Va. Gov. Youngkin Blocks Recreational Cannabis Sales Again
Glenn Youngkin, the Republican governor of Virginia, on Monday once again vetoed lawmaker-approved legislation that would have taxed and regulated the sale of adult-use cannabis.
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March 25, 2025
Baker Botts Atty Says Patent Exec Can't Prove Defamation
A Baker Botts LLP lawyer is contending that a Florida federal court cannot side with a patent-licensing company executive on his defamation claim against the attorney over her comments in a news article about a patent suit against Starbucks, saying she didn't say anything false.
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March 25, 2025
No Easy Out In $5M Mich. Dispensary Flip-Flop Suit
A Michigan federal court has refused to hand a win to either party in developer American 5 LLC's suit alleging a Michigan township improperly revoked its permit for a marijuana dispensary, finding that the parties hadn't resolved whether the permit was the developer's to begin with.
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March 25, 2025
DEA Seeks Exit From Hemp Group's Suit Over Raid
Federal drug enforcers have asked a Texas federal judge to release them from a hemp industry trade group and retailer's lawsuit challenging the legality of a raid on a smoke shop, saying that the enforcement actions at issue were conducted by local authorities.
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March 25, 2025
Ariz. AG Warns Cops, Retailers About Illegal THC Sales
Arizona's attorney general has sent letters to both retailers and law enforcement over the sale of THC products by unlicensed shops, clarifying that such sales are illegal and giving them a month to prepare for enforcement by the attorney general's office.
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March 24, 2025
Beyond Meat Sued On Allegations Broker Accessed User Data
Plant-based meat substitute producer Beyond Meat Inc. has covertly teamed up with data broker Experian to track website visitors and sell their personal data "to the highest bidders" without their permission, according to a proposed class action filed in California federal court.
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March 24, 2025
T-Mobile, Customers Push Dish For Docs In Sprint Merger Suit
T-Mobile and the customers suing over its 2020 merger with Sprint are both asking an Illinois federal judge to force Dish to turn over discovery documents, with the plaintiffs claiming the documents are key to showing why Dish never became an effective competitor in the wireless market.
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March 24, 2025
Fed. Circ. Affirms Invalidity Finding In Tape Patent Fight
The Federal Circuit on Monday backed a lower court's finding that a patent covering a type of marking tape was invalid as anticipated, while also mostly upholding a sanctions award that tape manufacturer ShieldMark secured in the case accusing it of infringement.
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March 24, 2025
Chancery Won't Restart Disputed Bitcoin ATMs For Now
Delaware's Court of Chancery refused on Monday to order reactivation of dozens of bitcoin cryptocurrency ATM kiosks shut down by an Iowa grocery chain after that state's attorney general sued Bitcoin Depot and a similar operation for alleged scamming of users.
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March 24, 2025
Skechers Says Insurer Shirked Defense Of Nonslip Shoe Suit
Skechers' insurer wrongfully refused to defend the shoe giant in a putative class action over slip-resistance problems with some of its shoes, Skechers told a California state court in seeking at least $750,000.
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March 24, 2025
Apple, Sony, Others Facing ITC Probes Over Imports
The U.S. International Trade Commission has said it is launching a series of investigations into whether imports of products such as video game consoles, nose cleaning devices and semiconductors have infringed various U.S. patents.
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March 24, 2025
No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules
A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.
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March 24, 2025
Neb. AG Sends 35 Cos. Cease Letters Over THC Sales
The Nebraska attorney general has sent cease and desist letters to 104 retail locations in Omaha saying they are selling products with THC beyond the state's legal limits.
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March 24, 2025
'Powering' Algorithm Not Enough To Merit Price-Fixing Claim
A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.
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March 24, 2025
NYC Shops' Suit Over Pot Crackdown Tossed
A New York federal judge has thrown out a suit by 27 businesses alleging that New York City violated due process by shutting some of them down as illegal cannabis operations, saying not only did the shops have the opportunity to be heard in an impartial hearing, but several of them were allowed to reopen following those hearings.
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March 24, 2025
Dog Toy Maker Appeals Injunction In Jack Daniel's TM Dispute
The maker of a poop-themed dog toy that mimics Jack Daniel's bottles is appealing a permanent injunction that an Arizona federal court entered after finding the company tarnished the whiskey-maker's brand by associating it with feces.
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March 24, 2025
High Court Turns Down Case Over Amazon Patent Program
The U.S. Supreme Court decided Monday not to hear an appeal of a Federal Circuit decision that found a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state.
Expert Analysis
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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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.