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Retail & E-Commerce
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March 07, 2025
Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row
A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase "pull cord," reviving a fight over a patented system for making tactical vests easier to take off.
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March 07, 2025
LG Resolves Screen Display Patent Suit
Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.
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March 07, 2025
Budtenders Say Curaleaf's Tips Policy Violates Federal Law
A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.
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March 07, 2025
Taxation With Representation: Kirkland, Wachtell, Skadden
In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.
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March 07, 2025
Amazon Driver Can't Get Mass. Court's Ear In Wage Suit
A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.
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March 06, 2025
AppLovin Hit With Suit Over 'Forced Shadow Downloads'
Technology company AppLovin faces a proposed investor class action alleging it invoked "cutting-edge AI technologies" in touting growth that allegedly resulted from manipulative practices triggering forced shadow downloads of its apps.
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
Kroger Can't Escape Baby Food Metal Claims
An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."
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March 06, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."
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March 06, 2025
CFPB Pulls Plug On Acima Suit In Latest Enforcement Retreat
The Consumer Financial Protection Bureau's purge of its enforcement docket continued Thursday as the agency dropped a predatory lending lawsuit against Acima, a fintech lease-to-own company and affiliate of Rent-A-Center.
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March 06, 2025
Atlanta Bread Supplier Wants Data Breach Suit Tossed
An Atlanta-based company that produces and distributes custom breads to national food chains and food service companies moved Wednesday to dismiss a class action lawsuit brought against it for a 2024 data breach that allegedly exposed the personal information of more than 10,000 people.
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March 06, 2025
Dems Tell DOJ Musk May Be Strong-Arming X Advertisers
Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.
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March 06, 2025
Fintech Startup Klarna Ready For $1B IPO, Plus More Rumors
Fintech startup Klarna is readying a $1 billion initial public offering, Apollo Global Management is keen to lead a $35 billion funding package to help Meta build new data centers, and Italian fashion house Prada is near to closing a $1.6 billion deal to acquire luxury clothier Versace from Capri Holdings Ltd.
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March 06, 2025
Music Streaming Lyrics Co. Hits Rival With $1B Antitrust Suit
LyricFind Inc. slapped Musixmatch SpA with a $1 billion antitrust lawsuit in California federal court, calling the rival a monopolist in the market for providing lyrics to digital services companies like Spotify and saying Musixmatch inked a deal with Warner Chappell Music Inc. that essentially pushes LyricFind and others out of the market.
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March 06, 2025
Colorado Judge Tosses AG's Kroger Merger Claim
A Colorado state judge in Denver has dismissed the state's challenge to the previously proposed merger between Kroger and Albertsons, saying it became moot when the companies dropped their proposed merger following injunctions in Oregon and Washington federal courts.
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March 06, 2025
E.L.F. Beauty Hit With Investor Suit After Muddy Waters Report
Cosmetics giant e.l.f. Beauty's shareholders filed a proposed class action in California federal court on Thursday, accusing the company of overstating its revenue while hiding growing inventory issues due to inadequate sales — troubles that investment research firm Muddy Waters revealed in a November report that caused share prices to plunge.
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March 06, 2025
Reddy Ice Must Cover Walmart's Slip-And-Fall Settlement
Bagged ice seller Reddy Ice Corp. must indemnify Walmart Inc. for the retailer's settlement of a woman's slip-and-fall lawsuit, an Arkansas federal court ruled Thursday, noting it is "undisputed" that the woman fell because of water originating from a faulty freezer display owned by Reddy Ice.
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March 06, 2025
Walgreens Boots Inks $24B Go-Private Deal With Sycamore
Walgreens Boots Alliance said Thursday it has agreed to be purchased by private equity firm Sycamore Partners in a transaction with a total value of up to $23.7 billion, as the storied retailer looks to reverse years of financial declines by going private.
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March 06, 2025
Apple Tells DC Circ. Google Search Fixes Change Incentives
Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.
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March 06, 2025
Penn State Fights Bid To Duck Infringement Case Costs
An online retailer's bid to avoid paying court costs for the Pennsylvania State University's trademark-infringement case was "unreasonable litigation conduct" and should be denied because Penn State was undoubtedly the prevailing party in the case, the university has told a federal court.
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March 06, 2025
Pot Co. Sues Mich. City Over 'Unlawful' Licensing Decision
A would-be dispensary sued the city of Auburn Hills, Michigan, in federal court on Thursday, alleging that the city disregarded its own voter-approved adult-use licensing ordinance when it approved four licenses last year.
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March 06, 2025
Attys Seek $30M Fees In Walgreens Rx Overcharge Deal
Attorneys for unions and consumers who struck a $100 million settlement of Walgreens prescription overcharge fee claims asked an Illinois federal judge for a $30 million cut of that pot, arguing the amount would pay for seven years of meaningful work they put into the case.
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March 06, 2025
7-Eleven Eyes US IPO Next Year After Failed Takeover Deal
Japan's Seven & i Holdings Co. on Thursday unveiled plans to pursue a U.S. initial public offering of its North American 7-Eleven convenience stores by the second half of next year, among other business changes, a move that comes after the company reported that a $58 billion takeover offer fell through due to a financing snafu.
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March 05, 2025
SpaceX Fails To Get 5th Circ. To Block NLRB Case
The Fifth Circuit on Wednesday dismissed SpaceX's appellate court bid to stop a National Labor Relations Board administrative proceeding alleging it unlawfully fired employees who criticized company CEO Elon Musk, saying the circuit court lacked jurisdiction since a lower court didn't first deny SpaceX's injunctive relief request.
Expert Analysis
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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.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.