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Retail & E-Commerce
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February 03, 2025
PharmacyChecker's Legality Weighed In 9th Circ. Appeal
Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.
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February 03, 2025
DC Wants Pot Enforcement Suits To Stay In Federal Court
The District of Columbia is arguing that a group of suits by cannabis-related businesses and associations belong in federal court, saying it is "paradoxical" for them to want the cases removed to state-level court when they clearly involve federal law and constitutional questions.
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February 03, 2025
Amazon Military Leave Class Should Be Certified, Judge Says
A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Canada Gets Trump Tariffs Paused After Retaliation Threats
Canada and the U.S. have agreed to pause planned tariffs for at least 30 days while the two countries try to work out an agreement, Canadian Prime Minister Justin Trudeau and U.S. President Donald Trump said late Monday afternoon, an announcement that came after Canada floated retaliatory tariffs earlier in the day and said it would rip up a contract with Elon Musk's Starlink.
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February 03, 2025
Kroger, Albertsons No-Poach Suit Back In Colo. Court
A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.
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February 03, 2025
Liberated Brands Files Ch. 11 After Losing Clothing Licenses
Liberated Brands LLC, a retail company that sells clothes for brands like Volcom, RVCA and Billabong, filed for bankruptcy in Delaware with $226 million in debt to wind down and sell its operations after a retail lull pinched its liquidity and led a third-party brand owner to pull out of key license agreements.
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January 31, 2025
$577M In Virus Fraud Cases At Risk Unless Congress Acts: IG
The federal government's top pandemic relief watchdog has issued an urgent plea for Congress to save his agency from imminent closure, warning that hundreds of millions of dollars in ongoing fraud investigations hang in the balance.
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January 31, 2025
En Banc Pa. Court Restores $2.3M Injury Award Against Domino's
A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.
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January 31, 2025
DOJ Says Agri Stats Case About 'Broad' Ploy, Not Specific Data
The U.S. Department of Justice urged a Minnesota federal judge not to turn its antitrust case against Agri Stats into something it isn't: a line-by-line recitation about particular problematic data fields in the company's protein industry reports, rather than "a broad, multifaceted, and interconnected information exchange conspiracy."
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January 31, 2025
Amazon Must Give Up Docs In Consumer Class Antitrust Suits
A Washington federal judge said Friday he would order Amazon to hand over documents it's flagged as confidential to consumers bringing a trio of proposed antitrust class actions, saying he's "suspicious" of the e-commerce giant's privilege-logging practices.
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January 31, 2025
Texas Demands Jury Trial In 'Forever Chemical' Suit
The state of Texas called on a federal judge to grant it a jury trial in litigation against 3M, DuPont and others for alleged "misrepresentations and key omissions" they made about so-called forever chemicals.
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January 31, 2025
Visa, Mastercard And Banks Oppose Swipe Fee Do-Over Bid
Visa, Mastercard and several major banks have filed a motion opposing cardholders' solicitations for a New York federal judge to reconsider dismissing claims from their interchange fee suit.
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January 31, 2025
Bezos Satellite Co. Gets Reprieve In Docs Fight With His Paper
A Washington state court official has temporarily blocked the state labor department from releasing records linked to investigations at an internet satellite facility launched by Jeff Bezos' Amazon, in a public records battle with The Washington Post, a newspaper also owned by the billionaire.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Court Won't Block Tempur Sealy's $4B Mattress Firm Deal
A Texas federal court on Friday denied the Federal Trade Commission's bid to put a hold on Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc. over concerns about rival mattress suppliers' access to the retail chain.
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January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial
SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
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January 31, 2025
Apple Wants Google Search Case Paused For Appeal
Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.
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January 31, 2025
FCC Urged To Restrict Call Blocking Based On Content
A marketing group has asked the Federal Communications Commission to adjust its safe harbor rules for junk call and text blocking to ensure that businesses can try to contact consumers without being stymied based on the content of their messages.
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January 31, 2025
NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban
New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."
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January 31, 2025
Target Warehouse Workers Win Class Cert. In NJ Wage Suit
A New Jersey federal judge has granted class certification to Target warehouse workers at three Garden State distribution centers alleging they were required to engage in unpaid work-related activities before and after their shifts, ruling each class member's case hinges on whether their walking time constitutes hours worked.
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January 31, 2025
Investors Say Walgreens Misled Over Prescription Misuse
A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.
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January 31, 2025
Stores Urge Neb. Senate Against Hemp Cannabinoid Ban
Store owners have told the Nebraska Senate Judiciary Committee a proposed bill that would ban the sale of any hemp-derived cannabinoids containing more than .3% of any kind of THC would have devastating economic consequences on their businesses.
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January 30, 2025
Amazon 'Siphoned' App Users' Location Data, Suit Claims
Amazon is secretly collecting "incredibly sensitive" information about millions of consumers' precise location and movements through software-building tools embedded on third-party mobile apps, according to a proposed class action filed in California federal court Wednesday.
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January 30, 2025
SEC's Trial Win In VistaPrint Insider Trading Case Stands
A Massachusetts federal judge on Thursday rejected a Lexington man's contention that his conviction for trading VistaPrint options off of nonpublic information resulted from an inconsistent jury verdict, but said the U.S. Securities and Exchange Commission's request he pay $1.8 million in civil penalties for the insider trading was too much.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.