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Temu Countersues Shein in Ultra-Fast-Fashion Battle

| Mike O'Brien

In a battle of the Chinese ultra-fast-fashion giants, Temu has filed a lawsuit against Shein, accusing it of various nefarious practices aimed at deterring apparel manufacturers from doing business with Temu in order to thwart competition from the newer entrant to the U.S. market. Shein has accused Temu in a separate lawsuit of impersonating its brand by creating fake Twitter accounts.

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Razor Group Being Sued by Two Acquired Brands

| Mike O'Brien

Razor Group, a Berlin-based aggregator of top-selling brands, and Factory 14, the UK rollup which it acquired in 2022, are being sued by two companies and their founders — Kettlebell Kings and Tribe WOD — in interlocking charges of breach of contract and failure to live up to purchase agreements by not adequately funding their growth and expansion.

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FTC: Amazon Duped Consumers into Prime, Then Made It Hard to Leave

| Mike O'Brien

The Federal Trade Commission has filed suit against Amazon, alleging it duped millions of consumers into signing up for its Prime subscription program, then made it difficult for them to quit, an allegation the company vigorously denies. The FTC claims Amazon intentionally complicated the cancellation process, adding it “slowed or rejected changes that would’ve made it easier …”

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FedEx Worker Case Passed Over By Supreme Court

| Mike O'Brien

The U.S. Supreme Court refused to hear a case involving FedEx which had the potential to set precedent by giving workers the right to join “collective action” lawsuits when they live outside the state where the issue arose. The worker classification issue has been heating up in recent years, including California’s controversial AB5 law.

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Branded Group Sued by Acquired Seller for Non-Payment

| Mike O'Brien

Branded Group, a New York-based acquirer of digitally native brands, is being sued by Austin Naturals, a company it purchased in 2021, whose principals allege they are due $1.25M million as part of their agreement. The deferred payment was contingent on Austin Naturals hitting a first-year EBITDA target, which it claims it did.

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Walmart Posts Strong Q3, Ecommerce Up 16%

| Mike O'Brien

Walmart gave the retail sector a much-needed pre-peak season shot in the arm, especially following Amazon’s recent miss, posting better-than-expected Q3 sales and adjusted earnings, as its low-priced grocery business soared and ecommerce revenue grew 16%. Three billion of the loss was from a settlement of opioid litigation.

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Revlon Lenders Seek Restitution of Lien Rights in Bankruptcy Case

| Mike O'Brien

A group of Revlon lenders has filed a lawsuit alleging the iconic beauty retailer, now in bankruptcy court, conspired with banks and lenders to steal away first-priority liens on Revlon’s well-known brands and intellectual property in order to secure new capital as the company was failing.

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Amazon Rollup SellerX Sued for Breach of Contract

| Mike O'Brien

SellerX, one of many that jumped on the Amazon rollup bandwagon, is being sued by a game and toy company who sold it one of its successful brands in 2021, alleging SellerX is in breach of contract for failing to adequately promote it, causing sales to plummet along with the earnout potential.