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October 28, 2024
FuboTV Fights To Keep Broadcast Bundling Under Scrutiny
Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.
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October 28, 2024
5 Firms Guide Nearly $10B Garda World Security Deal
London-based private equity firm BC Partners is selling its majority equity interest in Garda World Security Corp. to a group led by the security service provider's CEO, in a transaction steered by at least five law firms that values GardaWorld at CA$13.5 billion ($9.7 billion).
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 28, 2024
NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute
A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.
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October 28, 2024
Ozy Media CEO Wants Conviction Nixed Over Judge's Assets
The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.
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October 28, 2024
Longtime New York Federal Judge John F. Keenan Dies At 94
U.S. District Judge John Fontaine Keenan of the Southern District of New York, a jurist of more than four decades who presided over major cases — like the litigation stemming from one of the world's deadliest industrial disasters in Bhopal, India, and the trial of former Filipino first lady Imelda Marcos — died on Sunday, according to a district source. He was 94.
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October 28, 2024
J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss
J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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October 28, 2024
Simpson Thacher Taps Atty Duo As 1st Banking Team Leaders
Simpson Thacher & Bartlett LLP has named two longtime New York City-based partners, including the co-head of its global banking and credit practice, as the first co-leaders of its global investment banking practice, the firm announced Monday.
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October 28, 2024
Linklaters Adds 4 A&O Shearman Finance Partners In NY
Linklaters LLP announced Monday the addition of four partners from the recently merged Allen Overy Shearman Sterling to the firm's finance division, deepening its U.S. capital markets and restructuring offerings in New York.
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October 28, 2024
NJ Suspends Ex-Carter Ledyard Partner After NY Disbarment
The New Jersey Supreme Court has ordered the indefinite suspension of a former Carter Ledyard & Milburn LLP partner, two years after a New York state appeals court disbarred the lawyer for ignoring subpoenas and failing to cooperate in a fee investigation.
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October 28, 2024
Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration
A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.
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October 28, 2024
Gibson Dunn-Led Lone Star Exiting Chemicals Co. For $2.3B
Lone Star Funds said Monday it has agreed to sell U.S. global specialty chemicals company AOC to Japan's Nippon Paint Holdings Co. for roughly $2.3 billion.
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October 25, 2024
Alibaba Agrees To $433.5M Deal In Nearly 4-Year Investor Suit
Alibaba Group has agreed to shell out $433.5 million to resolve a proposed class of investors' allegations it made misstatements about its exclusivity practices and the planned $34 billion initial public offering of a fintech affiliate, the Chinese e-commerce company said in a U.S. Securities and Exchange Commission filing on Friday.
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October 25, 2024
OpenAI, Authors Battle Over Execs' Texts And Proof Of Harm
California labor law doesn't shield OpenAI from producing CEO Sam Altman's and President Greg Brockman's texts and social media messages relevant to a copyright infringement lawsuit, authors alleging OpenAI and Microsoft illegally used their copyrighted works to train artificial intelligence program ChatGPT have told a New York federal judge.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
2nd Circ. Denies BNP Quick Appeal In Sudan Refugee Suit
The Second Circuit rejected BNP Paribas SA's attempt to immediately appeal a New York federal judge's May ruling certifying a class of Sudanese refugee plaintiffs in litigation accusing the bank of funding the former Sudan government's human rights violations.
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October 25, 2024
Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight
A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."
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October 25, 2024
Green Group Blames NJ For Decline In Sturgeon Population
The state of New Jersey isn't doing enough to prevent the accidental catching of endangered fish, activists said in a lawsuit accusing the state's Department of Environmental Protection of violating the Endangered Species Act.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
2nd Circ. Says Man Can't Challenge Removal Over Atty Failure
The Second Circuit on Friday denied a man's bid to reopen removal proceedings based on his former attorney's failure to submit important documents, saying the man should have provided evidence supporting his claim of ineffective assistance of counsel earlier.
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October 25, 2024
Ex-Abercrombie CEO Pleads Not Guilty, Gets $10M Home Bail
Former Abercrombie & Fitch CEO Michael Jeffries pled not guilty on Friday to charges of operating a sex trafficking and prostitution ring that preyed on male models, and was released to home confinement on a $10 million bond.
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October 25, 2024
Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit
Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.
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October 25, 2024
New York City Seeks Coverage In Homeless Shelter Death Suit
The city of New York is seeking coverage from the insurer of a homeless shelter it contracted with after it was accused of negligence leading to the fatal seizure of a mother who lived there, a case removed to New York federal court Friday said.
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October 25, 2024
NY Won't Alter Date For Mascot Ban, Court Told
The New York Board of Regents won't postpone a deadline for the state's public schools to get rid of any Indigenous names, mascots and logos, it told a federal district court in a challenge by three school districts over the ban.
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October 25, 2024
'Magician' Tax Preparer Close To Plea Deal In $100M Case
A New York City-based tax preparer who earned the nickname "the magician," allegedly making $15 million while fraudulently depriving the IRS of $100 million, is in "fruitful" plea talks with prosecutors, a Manhattan federal judge heard Friday.
Expert Analysis
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How NY Co-Ops Can Minimize Sale Rejections Based On Price
New York co-op sales are regularly rejected for being below undisclosed price minimums, and co-op boards should address this problem by sharing information more transparently and allowing some flexibility for below-market sales, say Pierre Debbas and Seth Feldman at Romer Debbas.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.