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Retail & E-Commerce
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March 12, 2025
Mercedes-Benz Urges Judge To Rethink Class In Airbag MDL
Mercedes-Benz USA LLC on Tuesday asked a Florida federal judge to reconsider a decision allowing a group of drivers to form a class as part of a multidistrict litigation lawsuit over faulty airbags installed in its cars.
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March 12, 2025
Bitcoin ATM Co. Wants TRO Over Unplugged Machines
A bitcoin ATM operator has asked the Delaware Chancery Court to issue a temporary restraining order against a Midwest grocery store chain for allegedly unplugging and covering up ATMs at more than 60 locations, in violation of operating agreements between the parties.
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March 12, 2025
Adult Website Accused Of Giving Google Shoppers' Sexual Info
An adult website and an e-commerce solutions company illegally share the private sexual information such as the sexual orientation, fetishes and product preferences of the website's customers with third parties like Google to boost the companies' bottom lines, a proposed class action filed in California federal court has alleged.
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March 12, 2025
Live Nation Calls DOJ 'Delay Tactics' Claim 'Groundless'
Live Nation Entertainment assailed the U.S. Department of Justice for claiming "out of the blue" that the company is slow-walking its discovery obligations in the government's New York federal court monopolization suit centered on the 2010 purchase of Ticketmaster.
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March 12, 2025
Liverpool Football Club Targets Counterfeiters In Chicago Suit
The Liverpool Football Club and Athletic Grounds Ltd. targeted counterfeiters in a federal suit filed in Chicago on Tuesday, looking to shut down e-commerce shops allegedly taking advantage of its "enormous" popularity to sell fake merchandise nationwide.
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March 12, 2025
Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit
Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.
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March 12, 2025
Cal State Can Bar Caste Bias, 9th Circ. Affirms
A Ninth Circuit panel on Wednesday affirmed a lower court's ruling that two California State University professors lacked standing to challenge the university's inclusion of caste as a protected class in its antidiscrimination policy, saying the policy never specifically mentions Hinduism and therefore does not stigmatize the religion or force self-censorship.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
Chipwich Maker Blames Broker For $4.5M Recall Loss
The maker of Chipwich ice cream sandwiches told a Connecticut state court that its broker negligently failed to secure product recall insurance, causing a preventable loss of $4.5 million to the company, after desserts were destroyed because of potential listeria contamination.
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March 12, 2025
Kroger Waited Too Long To Seek Sanctions, Judge Says
An Illinois federal judge on Wednesday denied Kroger's bid to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, saying the amount of time it took to file the motion "is not reasonable by any stretch of the imagination."
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March 12, 2025
Cannabis Co. Trulieve Improperly Kept Tax Refund, Suit Says
California cannabis retailer Catalyst alleged in a new lawsuit that Florida-based multistate operator Trulieve improperly pocketed a $305,000 federal tax refund that was rightfully Catalyst's following its acquisition of a dispensary.
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March 12, 2025
UK Enforcers Double Down On Apple Mobile Browser Worries
A new report from British competition enforcers claims that Apple and Google's dominance in mobile operating systems and browsers limits competition and innovation in the United Kingdom, while encouraging regulators to consider imposing pro-competition requirements on the tech giants.
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March 12, 2025
Fed. Circ. Finds No Confusion Between Firebull, Fireball TMs
The Trademark Trial and Appeal Board correctly found there is no likelihood of confusion between a distillery's pending bid to register Bullshine Firebull and Sazerac Brands' Fireball marks, the Federal Circuit said in a precedential opinion Wednesday that also affirmed the board's conclusion that Fireball is not generic.
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March 12, 2025
Luxottica Drops Appeal On ERISA Suit's Arbitrability
Luxottica shuttered its appeal of a New York federal judge's order that the company could not compel arbitration of a worker's representative claims that it violated federal benefits law by using outdated mortality data to calculate pensions benefits.
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March 12, 2025
Awning Maker, Feds Settling Safety Defect Claim
A Massachusetts awning manufacturer and the government told a federal judge Tuesday they are finalizing a settlement of civil claims that the company intentionally hid a safety defect that led to injuries and one death.
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March 11, 2025
Telescope Buyers Get Class Certification In Antitrust Dispute
A California federal judge on Monday certified a class of telescope buyers in an antitrust lawsuit saying a syndicate of manufacturers were price-fixing and scheming to monopolize the telescope market, accepting an expert opinion's methods for calculating classwide antitrust damages.
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March 11, 2025
Medical Device Co. Seeks Fed. Circ. Redo Over Patent Trial
A medical device manufacturer is asking a Federal Circuit panel to reconsider a decision reviving a patent infringement case against it, arguing a lower court judge was fine to allow tardy testimony from a witness who took its side.
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March 11, 2025
Kenvue Unit Can't Nix BIPA Suit Over Neutrogena Skin360 App
A Kenvue unit can't escape a proposed class action alleging it unlawfully stores facial scans of people who use its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, after a New Jersey federal judge said those users are not "patient[s] in a healthcare setting" under the statute's healthcare exemption.
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March 11, 2025
Digimarc Faces Investor Suit Over Subscription Plunge
Digital watermarking technology company Digimarc Corp. and two of its executives face a proposed investor class action alleging that the company failed to warn investors that its recurring revenue would take a significant hit after one of its major customers had its contract expire in June.
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
More ITC Patent Cases Expected After Fed. Circ. 'Sea Change'
A recent Federal Circuit decision discarding the U.S. International Trade Commission's limits on what types of domestic expenses qualify a company to bring a patent suit at the agency marks a pronounced shift that will likely spur considerably more ITC cases, attorneys say.
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March 11, 2025
Wendy's, Target Accused Of Infringing Online Ordering Patent
Target and a group of chain restaurants including Wendy's, Applebee's and the Cheesecake Factory were hit with patent infringement lawsuits in Texas federal courts on Monday by Smart Order LLC, which accused them of infringing a patent covering a customer internet ordering system.
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March 11, 2025
Wash. Pharmacy Strikes $600k Class Deal In Data Breach Suit
An Evergreen State pharmacy has agreed to a $600,000 class deal to end a lawsuit over a 2023 cyberattack that allegedly exposed the personal information of thousands of current and former customers and employees, according to recent filings in Washington federal court.
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March 11, 2025
Panini Trading Card Antitrust Suit Largely Beats Dismissal
A New York federal judge largely refused to dismiss Panini's antitrust suit accusing Fanatics of locking up the sports trading card market by entering decadeslong exclusive agreements with the NFL, NBA and MLB, while also culling large chunks of Fanatics' unfair competition and bad-faith negotiations countersuit.
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March 11, 2025
Infant Death Suit Against Target, Cushion Maker Is Settled
A federal product liability lawsuit against Target and the maker of a recalled infant cushion, blaming the product for the death of a 4-month-old in Connecticut, has been settled, according to a Tuesday order.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.