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Retail & E-Commerce
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March 18, 2025
Amazon Asks To Claw Back Docs In Consumer Antitrust Suits
Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.
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March 18, 2025
PVC Pipe Giant's Top Brass Sued For Hiding Price-Fix Scheme
PVC pipe maker Atkore Inc.'s top executives and board members were hit with derivative claims Tuesday for allegedly shielding the company's participation in a pandemic-era price-fixing scheme, just days after investors sued the company and three executives for the same alleged conduct.
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March 18, 2025
J&J Denies 'Evil Motive' In Face Of $30M Talc Damages
Johnson & Johnson did not act with the kind of "evil motive" that would justify a $30 million punitive damages award to a Connecticut man who won a lawsuit alleging its talc products caused his lung cancer, the company argued Tuesday in state court.
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March 18, 2025
Vans Facility Subjected Employees To Extreme Heat, Suit Says
A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.
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March 18, 2025
Google, Apple Urge 9th Circ. To Reject Search Collusion Case
Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.
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March 18, 2025
E-Commerce Co. Defendant Fights FTC Asset Freeze
A defendant who says he was wrongfully caught up in a Federal Trade Commission action halting the operations of e-commerce platform Click Profit for allegedly duping users with its AI-powered system told a Florida federal judge he should not be subject to an asset freeze, as he divested his interest in the company well before the allegedly false statements were made.
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March 18, 2025
Fanatics, Sports Leagues Accused Of Trading Card Monopoly
A Texas man has filed a proposed class action against Fanatics, the NBA, the NFL and MLB, alleging that they have conspired to monopolize the market for player trading cards by executing long-term, exclusive licensing contracts and then using market dominance to stifle competition.
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March 18, 2025
Apple Attempts To Hide Discovery Are 'Systemic,' Epic Says
Epic Games is pushing a California federal judge to punish Apple for its "sanitized, fictional account" of compliance with an injunction blocking App Store anti-steering policies, arguing the iPhone-maker can't evade discovery sanctions by trying to blame the scale of document review.
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March 18, 2025
Court OKs Alderman's Constitutional Claim In Hemp Raid Row
A Mississippi federal judge on Tuesday ruled that a city alderman can pursue his constitutional claim against county officials stemming from a raid on a hemp product store during which he was detained and briefly jailed.
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March 18, 2025
FCC Dem Starks To Step Down This Spring
The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.
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March 18, 2025
10th Circ. Pokes Holes In Walmart's Defenses In Bias Suit
A talkative Tenth Circuit panel seemed inclined Tuesday to revive a Walmart employee's lawsuit alleging he was discriminated against for being gay, as the court's chief judge appeared incredulous that evidence of slurs and other derogatory comments being thrown around the workplace weren't enough to sustain his harassment claim.
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March 18, 2025
NJ Retailer Settles Suit Over Ammo Sold To Undercover Cops
A Garden State firearms retailer has agreed to establish procedures to make sure that it does not sell guns to unauthorized people, under a court-ordered settlement with the New Jersey attorney general.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
Curaleaf Cos. Say Illegal Contract Nixes Farm's $32M Verdict
Curaleaf units that lost a $31.8 million trial in January are urging a Michigan federal court to wipe out the verdict, saying the contract at issue violates federal law, warranting either a judgment as a matter of law or a new trial.
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March 18, 2025
Forever 21 Moves Ahead With Swift Ch. 11 Plans
Fast-fashion retailer Forever 21 on Tuesday secured a Delaware bankruptcy judge's approval for motions that put it on track to close more than 300 stores and emerge from its second Chapter 11 in June.
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March 18, 2025
NLRB Judge Won't Issue Bargaining Order At Mo. Starbucks
Starbucks violated the National Labor Relations Act once during Workers United's organizing drive at a Missouri store, but the violation wasn't severe enough to have caused the union's loss in a representation election, a National Labor Relations Board judge said, rejecting board prosecutors' request for a bargaining order.
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March 18, 2025
Bank Groups Push For Permanent Block On Ill. Swipe Fee Law
Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.
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March 17, 2025
Yeti Escapes Suit Over Third-Party Info Sharing
A California federal judge has freed Yeti from a woman's proposed class action accusing the cooler and drinkware company of disclosing people's personal and financial information to a payment processor without consent, saying the woman's now twice-amended complaint didn't fix problems the court had previously highlighted.
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March 17, 2025
Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims
A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."
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March 17, 2025
Kroger Shakes Calif. Suit Over Interception Of Website Chats
A California federal judge has refused to hold The Kroger Co. liable for a third party's allegedly unlawful eavesdropping on Kroger website users' chats, in a ruling that the grocery chain's counsel predicted could have a "wide impact" on the crush of state wiretapping litigation currently flooding the courts.
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March 17, 2025
Judge Axes Bid To Recoup Short-Swing Profits In Novel Ruling
A New York federal judge has ruled in a matter of first impression that sporting goods company Clarus Corp. cannot recoup $57 million in short-swing profits a trading firm made from a series of transactions because the high-volume trades fit an exemption for market-making activities.
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March 17, 2025
Singaporean Tech Co. Inks $46M Investor Settlement
Singaporean tech conglomerate Sea Ltd. has reached a $46 million settlement to end a putative securities class action over investor statements that allegedly downplayed massive losses to its video game and e-commerce divisions, according to a filing in Arizona federal court.
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March 17, 2025
Amazon Hit With Greenwashing Suit Over Paper Products
Consumers in four different states have launched a proposed class action against Amazon in Washington federal court, accusing the retail giant of greenwashing its claims about its "Basics" line of paper products and misleading buyers about the sustainability of products whose supply chains are in fact "deeply unsustainable."
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March 17, 2025
Amazon Beats Investor Suit Over Third-Party Seller Practices
A Washington federal judge on Monday tossed a consolidated proposed securities class action claiming Amazon and its top brass duped investors about the company's fulfillment capacity and third-party seller practices, finding the lawsuit doesn't sufficiently allege the executives were deliberately reckless or motivated to deceive shareholders.
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March 17, 2025
Hershey Customer Agrees To End Metals-In-Chocolate Suit
A Hershey customer has agreed to permanently end her suit accusing the confectionery giant of selling dark chocolate products containing dangerous levels of heavy metals, but left open the opportunity for absent proposed class members to pursue claims, according to a notice filed Monday in California federal court.
Expert Analysis
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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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.