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Retail & E-Commerce
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October 03, 2025
9th Circ. Reopens Circle K Age Bias Suit Over Promotion
The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.
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October 03, 2025
Man In Fake 5-Hour Energy Plot Sentenced To Time Served
A Mexican national who admitted to being part of a scheme to peddle counterfeit 5-Hour Energy drinks has been sentenced to time served and ordered to pay nearly $556,000 in restitution to the maker of the supplement in California federal court.
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October 03, 2025
Split 3rd Circ. Backs Fiat Chrysler In Deceptive Sticker Claims
A split Third Circuit panel upheld the dismissal of a class action alleging that Fiat Chrysler put deceptive price stickers on its vehicles to hide the fact that it "injected profit" into the cost, with the court holding that car buyers weren't actually harmed.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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October 02, 2025
Walmart Can't Arbitrate Suit Over Health Purchase Disclosures
A California federal judge rejected Walmart's bid to send to arbitration a proposed class action accusing the retail giant of illegally sharing information about sensitive health items that website visitors purchased, finding that the website's terms of service weren't prominent enough to establish a binding agreement to arbitrate.
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October 02, 2025
Full 5th Circ. To Rehear Bid To Void DOT Airline Fees Rule
The full Fifth Circuit Thursday vacated a panel's January ruling that allowed for the redo of a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront and agreed to consider a request from airlines that the rule itself be wiped off the books entirely.
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October 02, 2025
Google Fights Push To Get Reports From Gov't Monopoly Suit
Google on Thursday pushed back against a software development company's bid to make the tech giant produce expert reports used in the federal government's lawsuit that resulted in Google being deemed a monopolist in the general search market, saying the reports had no relevance to the present case.
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October 02, 2025
Ad Tech Judge Sees 'Tension' In Google's Economist
A Virginia federal judge told Google's economics expert Thursday that there's "tension" in his assertions that remedies for the company's advertising placement technology monopolies must be narrowly tailored to block the particular anticompetitive findings won by the U.S. Justice Department.
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October 02, 2025
Judge Ends USDA Rule On Chilean Grape Fumigation
A D.C. federal judge has vacated a 2024 rule change by the U.S. Department of Agriculture allowing the import of Chilean table grapes that have not been fumigated with methyl bromide for pest mitigation, ruling that regulators ignored the reliance interests of domestic growers when making the change.
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October 02, 2025
Zillow Seeks Info On Compass' Anywhere Deal In Antitrust Suit
Compass Inc. and Zillow Inc., which are battling each other in an antitrust case brought by Compass, have both asked a New York federal judge to rule on Zillow's bid to obtain documents related to Compass' $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.
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October 02, 2025
No Pay Owed To Flooring Co.'s Fired CEO, 11th Circ. Says
The Eleventh Circuit won't revive a suit from the former CEO of flooring manufacturer Interface Inc. claiming he was bilked out of a severance package after allegedly going on a drunken tirade at a company function, ruling Thursday that the executive's appeal impermissibly tried to advance a new reading of his contract.
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October 02, 2025
Trade Court Remands Duties On Colombian Paper Bag Exporter
The U.S. Department of Commerce must further explain why it rejected a level-of-trade adjustment for a Colombia paper bag exporter subject to antidumping duties, according to an opinion issued by the U.S. Court of International Trade that remanded the determination back to the government for reconsideration.
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October 02, 2025
Exec Says Beauty Co. Owes Her More After $1B L'Oreal Sale
A beauty brand that L'Oreal bought for around $1 billion plans to share less of the proceeds with its president than what she is owed, according to an anticipatory breach of contract suit filed in Connecticut state court.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Yoga Biz Co-Owner Gets 2 Years For 8-Year, $2.3M Tax-Dodge
A Manhattan federal judge sentenced former Yoga to the People co-owner Michael Anderson to two years in prison Thursday, after the onetime yoga studio executive admitted failing to file tax returns for eight years as he earned some $3 million.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 02, 2025
National Security Vets, App-Devs Back Google In Epic Fight
A group of former national security officials and scholars is urging the U.S. Supreme Court to stay the district court injunction requiring Google to distribute third-party app stores and allow app developers to provide alternate payment links directly to users, saying the order creates serious national and cybersecurity risks.
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October 02, 2025
J&J Must Pay $10M In Punitive Damages After Asbestos Loss
A Connecticut state court judge has hit Johnson & Johnson with $10 million in punitive damages after a jury sided with a builder who alleged the company's baby powder caused his terminal cancer, adding the amount to an existing $15 million verdict.
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October 01, 2025
Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
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October 01, 2025
USPTO Tells Fed. Circ. To Reject Ineligibility Rule Petition
The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a software company's argument that the office violated due process by rejecting challenges to patents a court has found ineligible, saying that decision is entirely in the office's discretion.
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October 01, 2025
Economist Says Google's Ad Tech Fix Enough To Boost Rivals
Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.
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October 01, 2025
Squires Jumps Right Into Patent Eligibility Reform
U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.
Expert Analysis
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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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.