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Retail & E-Commerce
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
Google Wants Epic's Claims Tossed After Samsung Deal
Google urged a California federal court to toss the remaining claims in a case from Epic Games that initially accused the tech giant of colluding with Samsung to block app store competition, but now centers on a security feature Google said the court has already addressed.
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August 07, 2025
PTAB Knocks Out Nike Patent From $355K Trial Victory
A Nike footwear manufacturing patent at the heart of a $355,450 damages verdict in an infringement case against athletic apparel maker Lululemon is invalid, the Patent Trial and Appeal Board has found.
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August 07, 2025
'Breakdown In Civility' Gets Boies Schiller Sanctioned
A California federal judge slapped Boies Schiller Flexner LLP with a $15,000 sanction Thursday in a former worker's suit claiming Levi Strauss & Co. declined to promote her out of sex bias, faulting the firm for a "uniquely eye-opening breakdown in civility and professionalism."
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August 07, 2025
Judge Says Flood Exclusion Sinks Storm Coverage Suit
A jewelry store's property insurer owes no coverage over claims for rainstorm damage, a Michigan federal court ruled Thursday, finding an exclusion barring coverage from water overflow due to floods was applicable.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
Vast Amazon Customer Class Greenlit In Price-Fixing Case
A Washington federal judge has certified a consumer class encompassing an estimated 288 million people who purchased goods on Amazon's marketplace since 2017, advancing a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
Claire's Gets OK To Start Closing Stores As It Hunts For Buyer
A Delaware bankruptcy judge on Thursday approved jewelry chain Claire's bid to begin closing some of its 1,500 North American stores and selling off merchandise as the company races to find a buyer for the business in Chapter 11.
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August 07, 2025
LIV Golf, Stinger Tees Enter Mediation Over Trademark Clash
A Florida federal court has appointed a retired state circuit court judge to mediate the trademark infringement dispute between LIV Golf Inc. and the Stinger Tees merchandise company.
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August 07, 2025
Ikea Settles Suits Claiming It Favored Young Workers
Ikea has resolved several suits accusing the retailer of unlawfully favoring young workers for jobs and promotions while discouraging older employees from applying, according to filings in Pennsylvania federal court.
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August 06, 2025
Baker Botts Atty Seeks To Trim Patent Exec's Defamation Suit
A Baker Botts LLP intellectual property litigator has urged a Florida federal judge to trim a patent licensing company executive's lawsuit alleging she made defamatory statements about him in news articles, saying some of the claims come too late, and others don't have a basis in facts.
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August 06, 2025
Lindell Co. Fights Punitives Hike In Colo. Defamation Trial
MyPillow founder Mike Lindell and his media company FrankSpeech urged a Colorado federal judge Wednesday not to add $4.4 million in punitive damages to a $2.3 million defamation verdict, saying that would flout the Seventh Amendment.
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August 06, 2025
Colo. Judge Tosses Kroger Chain's Claims Against Union
A Colorado federal judge threw out a suit by a Kroger-owned grocery chain against a United Food and Commercial Workers local on Wednesday, finding the company didn't plausibly allege the union committed coercion when it called a strike.
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August 06, 2025
Calif. Privacy Agency Takes Retailer To Court Over Subpoena
The California Privacy Protection Agency initiated a legal action Wednesday to force Tractor Supply Co. to comply with an investigative subpoena seeking information about the retailer's compliance with the state's data privacy regime dating back to 2020, a demand that the company has contended sweeps too broadly.
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August 06, 2025
Calif. Cow-Treatment Suit Covered By Ill. Deal, Farm Co. Says
A Fairlife milk supplier that participated in a $21 million settlement of cow-mistreatment false advertising claims asked the Chicago federal judge overseeing that multidistrict litigation to halt a similar lawsuit in California, saying the Chicago deal already outlines a process for addressing the Golden State case's claims.
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August 06, 2025
Bong Maker Warned Of Sanctions After Repeated Errors
A Texas federal judge said Tuesday he's issued his last warning to a California-based bong maker which has filed nearly five dozen trademark infringement cases against head shops in North Texas, saying sanctions will come if the company keeps making the same procedural mistakes.
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August 06, 2025
Indivior Beats Investor Suit Over Opioid Drug Sales Forecasts
A Virginia federal judge Wednesday tossed an investor class action accusing drugmaker Indivior PLC of overstating the financial prospects of its drugs used to treat opioid use disorders and its ability to forecast such financial projections, finding, among other things, that the complaint's challenged statements are inactionable.
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August 06, 2025
Feds Give Amazon's Zoox Robotaxis Green Light
Amazon's self-driving car unit, Zoox Inc., has received federal approval to deploy fleets of robotaxis, making the company the first to receive an exemption from Federal Motor Vehicle Safety Standards for U.S.-built autonomous vehicles under a newly expanded program, the National Highway Traffic Safety Administration said Wednesday.
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August 06, 2025
Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say
About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.
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August 06, 2025
Groupe Dynamite Sued Over 'Members Only' Hoodie
The owner of the Members Only clothing brand, which skyrocketed to popularity in the 1980s, sued Canadian apparel company Groupe Dynamite Inc., claiming it was making a hoodie that used the mark.
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August 06, 2025
Ceramics Co. Seeks Biz Interruption Coverage Over Hurricane
A ceramics and home goods retailer accused a Travelers unit of violating North Carolina's unfair claims settlement practices and deceptive trade practices laws, telling a federal court the insurer deliberately misrepresented statements from its chief financial officer to support its denial of the retailer's Hurricane Helene claim.
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August 06, 2025
Anheuser-Busch, Hard Seltzer Co. End $90M Contract Feud
Anheuser-Busch and alcoholic seltzer producer Boathouse Beverages LLC's holding company have dropped claims against one another in a multimillion-dollar Connecticut contract dispute over a product line the beverage giant purchased in 2016.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
Expert Analysis
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Neb.'s Cannabis Regulatory Void Poses Operational Risks
With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Franchise Group Dispute Reflects Rising Intercreditor Suits
A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.