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July 25, 2024
Fla. Judge Will Consider Coordination Of Truth Social Suits
A Florida judge said Thursday he would not formally consolidate two lawsuits related to the special purpose acquisition company deal that took Donald Trump's Truth Social public but said he would consider setting up some coordination for judicial efficiency.
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July 25, 2024
CSX Gets Trial Win In NY Railroad Switch Injury
A New York federal jury has sided with CSX Transportation Inc. in a suit by a man who alleged he was injured when a railroad switch closed on his foot, finding the company was not negligent on the day of the man's injury.
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July 25, 2024
Reed Smith's Rebeca Mosquera Takes Reins At ArbitralWomen
Reed Smith LLP attorney Rebeca Mosquera was elected earlier this month as the new president of ArbitralWomen, a position she told Law360 is "not only a great honor, but a huge responsibility."
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July 25, 2024
'AntiVaxMomma' Gets Jail Time, Despite Duress Claim
A Manhattan judge sentenced a woman to at least 1½ years in jail Thursday for selling fake COVID-19 immunization credentials under the Instagram handle "AntiVaxMomma," rejecting the defendant's claim that she didn't have enough time to weigh a plea offer before admitting her guilt.
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July 25, 2024
Shkreli Says He Has Right To Use Wu-Tang Clan Album Copies
Martin Shkreli pushed back on a crypto project's bid to force him to hand over copies of the one-of-a-kind Wu-Tang Clan album he once owned, saying his original purchase agreement of the album entitled him to make the copies and the album's current crypto owner hasn't shown how Shkreli's duplicates irreparably harm the value of the original.
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July 25, 2024
4th Man Gets Jail In NYC Public Housing Anti-Bribery Sweep
A Manhattan federal judge on Thursday sentenced a former New York City public housing superintendent to 19 months in prison for accepting $95,000 in bribes, bringing to four the number of people sentenced to time behind bars in the 70-defendant anti-corruption sweep.
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July 25, 2024
SEC Says Consensys 'Rushed To Court' Over Probe Notice
The U.S. Securities and Exchange Commission has argued cryptocurrency firm Consensys improperly "rushed to court" to head off an enforcement action alleging certain products require brokerage registration.
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July 25, 2024
DA Says Trump Immunity Ruling Doesn't Affect NY Convictions
Manhattan District Attorney Alvin Bragg told a New York judge Thursday that the U.S. Supreme Court's presidential immunity ruling has no bearing on Donald Trump's conviction in his hush-money case since the charges relate to unofficial acts.
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July 25, 2024
Mr. Cooper Picks Up Flagstar Resi Mortgage Unit For $1.4B
Flagstar Bank NA announced Thursday that it has inked a $1.4 billion deal to sell its residential mortgage servicing business to nonbank mortgage originator Mr. Cooper, as Flagstar and parent New York Community Bancorp eye a turnaround.
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July 25, 2024
Ackman Sets $4B IPO Target For New Pershing Square Fund
Hedge-fund giant Bill Ackman expects the initial public offering of his new closed-end fund to raise $2.5 billion to $4 billion as he seeks to shore up investor support just days before the IPO's anticipated pricing, according to a securities filing Thursday.
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July 25, 2024
6th Circ. Judge Questions GM's Arbitration Argument Delay
A Sixth Circuit judge pressed General Motors on Thursday about why it waited three years to argue that some plaintiffs were bound by arbitration agreements in a class action over allegedly defective transmissions, saying a major car company should be aware most consumers sign such contracts.
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July 25, 2024
Google Bias Case Tossed After Reported Settlement
A Manhattan federal judge dismissed a suit brought by a former Google executive who claimed he was fired after alleging that a female colleague sexually harassed him, citing a reported settlement with the company.
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July 25, 2024
Simpson Thacher, Kirkland Lead KKR's $4.8B Instructure Buy
Educational software company Instructure Holdings Inc., advised by Kirkland & Ellis LLP, on Thursday revealed that it has agreed to be bought by private equity giant KKR, led by Simpson Thacher & Bartlett LLP, in an all-cash take-private deal with an enterprise value of roughly $4.8 billion.
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July 25, 2024
Paramount-Skydance Deal Is Redstone Windfall, Investor Says
A shareholder of Paramount Global Class B common stock on Wednesday sued chairwoman Shari Redstone and several members of its board over the allegedly "unfair" merger with Skydance Media LLC, claiming the deal is being orchestrated to cash out Redstone's investments in Paramount at a substantial premium compared to other stockholders.
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July 25, 2024
Proskauer Adds Milbank Real Estate Atty In NY
Proskauer Rose LLP has hired a special counsel from Milbank LLP who joins the firm after six years with his prior platform to continue his practice focused on private equity investors and other clients involved in real estate and private fund matters, the firm announced Thursday.
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July 25, 2024
Foley Hoag Hit With Overtime Wage Suit By NY Support Tech
A former support technician at Foley Hoag LLP accused the firm of "egregious violations of wage and hour laws" in a lawsuit filed Wednesday in New York federal court.
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July 25, 2024
Nevada Man Accused Of Threatening To Kill Judges
A Las Vegas man who allegedly sent threats to kill and assault federal and state officials in New York, Montana, New Jersey and Washington, D.C. – including federal judges – has pled not guilty to a 22-count indictment unsealed this week in Nevada federal court.
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July 25, 2024
The Biggest Copyright Decisions Of 2024: A Midyear Report
The justices ruled there's no time limit for how far back copyright plaintiffs can pursue infringement damages as long as their claims are timely, and an Ohio jury said video game developers didn't infringe a tattoo artist's works by depicting the images on basketball players. Here's a look at some of the most notable copyright decisions so far in 2024.
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July 25, 2024
2nd Circ. Revives NYC's Coverage Rift With Captive Insurer
The Second Circuit revived New York City's coverage dispute against a captive insurer, reversing a lower court's finding that it lacked diversity jurisdiction after having already granted the city an early win on the coverage issues.
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July 25, 2024
Fisher-Price, Mattel Ink $19M Deal Over Recalled Baby Sleeper
Fisher-Price and parent company Mattel asked a Buffalo federal judge for preliminary approval for a $19 million payment to settle a class action over a recalled baby sleeper that a group of consumers claims was falsely advertised as safe.
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July 25, 2024
Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud
The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.
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July 25, 2024
Celeb Video Platform Cameo Fined $100K Over Paid Promos
Celebrity video platform Cameo will pay $100,000 as part of a 30-state settlement over claims it failed to inform customers that its advertising service for businesses involved paid promotions.
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July 24, 2024
Canadian Woman Gets 2 Years For Russian Export Scheme
A New York federal judge on Wednesday sentenced a Canadian woman to two years in prison for laundering funds in connection to the export of sensitive technology to Russia in violation of U.S. sanctions, and she accused the defendant of lying about her culpability during her sentencing hearing.
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July 24, 2024
Failed Bank, FDIC Continue Fight Over $1.9B Account Claims
A New York bankruptcy judge on Wednesday heard arguments on the Chapter 11 plan of the parent company of the failed Silicon Valley Bank, alongside separate arguments on the fate of $1.9 billion in funds currently in the hands of federal banking regulators.
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July 24, 2024
DOJ Says NY Judge Muffed Standing In DirecTV Price-Fix Case
Paying inflated prices isn't the only way someone can be injured by price-fixing, and a New York federal court was wrong to rule that it was in a case brought by DirecTV over retransmission fees, the U.S. Department of Justice has told the Second Circuit.
Expert Analysis
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Take AG James' Suit Over Enviro Claims As A Warning
New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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A Look At 3 Noncompete Bans Under Consideration In NYC
A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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AI In Performance Management: Mitigating Employer Risk
Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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NY Bond, Enforcement Options As Trump Judgment Looms
In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.