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Retail & E-Commerce
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April 18, 2025
Walgreens To Pay DOJ $300M Over Invalid Prescriptions
Walgreens revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay upward of $300 million to resolve U.S. Department of Justice allegations that it knowingly filed millions of prescriptions for opioids and other drugs that didn't have a legitimate medical purpose or weren't valid.
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April 18, 2025
Google May See Some Light In The Ad Tech Ruling
The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.
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April 18, 2025
IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle
Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.
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April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved
A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
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April 18, 2025
Insurer Says Smoke Shop Not Covered In Nitrous Oxide Suit
An insurer for a smoke shop told a Florida federal court it owes no coverage for a proposed class action accusing various shops of selling nitrous oxide products for recreational drug use, pointing to an exclusion barring coverage for injury arising out of "psychotropic substances."
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April 18, 2025
NC High Court Snapshot: Livestock Litigation Takes Limelight
The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.
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April 18, 2025
Latham-Led Vacasa Sticks With Casago, Rejects $131M Bid
Latham & Watkins LLP-advised Vacasa said Friday that its board has rejected a revised acquisition bid from Davidson Kempner Capital Management, indicating that price alone wasn't enough to result in a superior deal to the company's existing agreement with Casago.
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April 18, 2025
Union Hits Kroger Chain With Counterclaim In Strike Suit
The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.
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April 18, 2025
Federal Cannabis Law Reform Eyed In Bipartisan Push
A bipartisan group of representatives has introduced legislation to reconcile the conflicts between the federal prohibition on cannabis and state laws that legalize it, and to prepare the country for federal legalization.
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April 17, 2025
Sandberg Says FTC Market View Makes No Sense In Meta Case
Meta Platforms' former longtime board member and Chief Operating Officer Sheryl Sandberg pushed back Thursday on crucial Federal Trade Commission arguments trying to shape the market the social media giant is accused of monopolizing, criticizing a friends and family definition the FTC is using to exclude TikTok as a competitor.
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April 17, 2025
DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge
The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.
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April 17, 2025
Wash. Justices Back Consumers In Old Navy Spam Email Suit
Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.
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April 17, 2025
Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges
Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.
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April 17, 2025
ITC Blocks Chinese Co.'s Plastics Tech Over Patent Dispute
The U.S. International Trade Commission issued a limited order barring a Chinese company from importing parts used in molding machines that make plastic bottles, following an infringement case from a Canadian rival — though the trade agency split in its decision not to issue a cease-and-desist order targeting imported parts that already made it into the U.S.
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
Pot Cos. Can't Get Block On Mich. City Licensing Fees
A Michigan federal judge won't block the enforcement of cannabis licensing fees by the city of Grand Rapids, finding the companies objecting to the fees haven't shown they face irreparable harm without an injunction.
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April 17, 2025
Fla. 'King Of Vape' Brings Defamation Suit Against NY Post
A Florida retail store owner who operates under the name "The King of Vape" brought a federal defamation lawsuit against News Corp., saying the New York Post ran a recent story falsely describing him as an anti-Israel advocate and terrorist supporter who was recently sued for selling illicit e-cigarettes.
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April 17, 2025
'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims
The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.
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April 17, 2025
Sacramento Says Dormant Commerce Doesn't Apply To Pot
The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.
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April 17, 2025
Judge Rules Google Monopolized Ad Tech In 2nd Win For DOJ
A Virginia federal judge on Thursday handed the U.S. Department of Justice Antitrust Division its second seminal win against Google, ruling that the search giant has illegally monopolized markets for display advertising placement technology.
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April 17, 2025
Chinese Tea Chain Prices $411M US IPO Amid Trade Tension
Chinese teahouse company Chagee Holdings Ltd., represented by Davis Polk & Wardwell LLP and underwriters' counsel Cleary Gottlieb Steen & Hamilton LLP, on Thursday priced a $411 million initial public offering at the top of its range despite U.S.-China trade tensions.
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April 16, 2025
Zuckerberg Calls TikTok Meta's 'Highest Competitive Threat'
Meta Platforms Inc. CEO Mark Zuckerberg pushed back Wednesday on Federal Trade Commission efforts to cabin the company's allegedly monopolistic social media dominance into a market that excludes TikTok and YouTube, telling a D.C. federal judge video has become the new predominant form of social media interaction.
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April 16, 2025
AlmondNet Sues Amazon Again After $136M Ad IP Victory
AlmondNet Inc. is aiming to expand on the $136 million it already won against Amazon for patent infringement with a new suit in Texas federal court accusing the technology giant of infringing another patent tied to directing television advertisements.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.
President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.