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New York
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July 24, 2024
Peanut Allergy Death Suit Returns To Conn. State Court
Settling accusations of procedural "gamesmanship," a federal judge has approved an agreement to return to Connecticut state court a lawsuit against the Stew Leonard's grocery store chain by the estate of an Ailey School-trained ballet dancer who allegedly died from eating mislabeled peanut-laden cookies manufactured by another company.
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July 24, 2024
Ex-Pharma Exec Gets Jail For Insider Trading On Kodak Loan
A Manhattan federal judge sentenced a former pharmaceutical executive from South Carolina to three months in prison Wednesday for taking over $500,000 of illegal trading profit based on his advance knowledge that Kodak would get a massive pandemic-era government loan.
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July 24, 2024
Ozy Media Ends Trade Secrets Suit After Ex-CEO's Conviction
News startup Ozy Media has dropped its trade secrets theft suit against Buzzfeed, its former editor-in-chief Ben Smith and the media company he co-founded, Semafor Inc., about a week after Ozy and its former CEO were convicted of lying to banks and investors to secure tens of millions of dollars to fund the multimedia business.
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July 24, 2024
Fried Frank Hires 5th Ex-Goodwin Partner, This Time In NY
Fried Frank Harris Shriver & Jacobson LLP has hired another Goodwin Procter LLP attorney, who joins the firm in New York to continue her work with asset management and other financial industry clients, the firm announced Tuesday.
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July 23, 2024
JetBlue Upgrades Former Deputy To General Counsel Seat
JetBlue Airways Corp. announced Tuesday that it has tapped a former member of its legal leadership team as the company's next general counsel and corporate secretary.
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July 23, 2024
Rudy Giuliani Says MyPillow CEO Covered His RNC Travel
Rudy Giuliani clarified Tuesday that his travel to and from the Republican National Convention was covered by MyPillow CEO Mike Lindell's conservative media outlet FrankSpeech, according to a filing in New York federal bankruptcy court.
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July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
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July 23, 2024
FTC Won't Delay Challenge To Handbag Merger Either
The Federal Trade Commission has declined to pause its administrative challenge to the $8.5 billion handbag merger between the owners of Coach and Michael Koors, saying that even a district court refusal to temporarily enjoin the merger might not end the FTC's in-house case.
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July 23, 2024
Hogan Lovells Wants Afghanistan Atty Fee Award Enforced
Hogan Lovells US LLP has asked a New York federal court to enforce a more than $1.2 million award it secured against Afghanistan in arbitration over fees it says it's owed for the firm's work representing the country in various legal matters, including litigation over the 9/11 terrorist attacks.
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July 23, 2024
Madonna Tells DC Judge Late Show Suit Already Failed In NY
Madonna and venue management company Monumental Sports & Entertainment asked a D.C. federal judge to toss a lawsuit claiming that the pop singer kept concert attendees waiting for hours before taking the stage in Washington, D.C., saying the proposed class action should fare no better than a similar suit in New York that was dropped last month.
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July 23, 2024
Coinbase Renews Plea For Gensler's Private Emails
Coinbase Inc. asked once again Tuesday to access the private communications of U.S. Securities and Exchange Commission Chair Gary Gensler as it fights allegations that it permitted the illegal trading of unregistered securities on its crypto platform.
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July 23, 2024
Oshkosh Says USPS Followed NEPA With New Vehicle Plan
Oshkosh Defense joined the U.S. Postal Service in firing back at environmentalists and a coalition of 17 states' attempt to secure judgment in litigation protesting the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, saying the group's challenge threatens to undermine such a significant transformation.
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July 23, 2024
Cornell Tells High Court Not To Touch Workers' ERISA Suit
Cornell University urged the U.S. Supreme Court not to take up a class action accusing it of mismanaging its employees' retirement savings, saying it shouldn't disturb a Second Circuit ruling that found the workers leading the suit failed to show that Cornell's payments to its service providers involved self-dealing.
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July 23, 2024
Indonesian National Admits To $23M Ponzi Scheme
An Indonesian national pled guilty in New York federal court on Tuesday to conspiring to defraud a group of investors out of $23 million through a Ponzi scheme, ultimately spending the money on luxury goods and real estate.
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July 23, 2024
2nd Circ. Backs Project Veritas Search Tied To Stolen Diary
The Second Circuit on Tuesday upheld a district court's rejection of claims of journalistic privilege by Project Veritas' founder and two others at the activist group as they sought to shield documents seized under search warrants in connection with the stolen diary of President Joe Biden's daughter Ashley Biden.
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July 23, 2024
Split 2nd Circ. Keeps Zantac Suits In Conn. State Court
A split Second Circuit panel on Tuesday allowed nine consolidated suits over carcinogens in heartburn medication Zantac to remain in Connecticut state court, with the majority ruling that the cases' consolidation is not enough to open up federal jurisdiction.
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July 23, 2024
Bannon To Face Border Wall Trial After Release From Prison
Steve Bannon's New York trial on charges that he stole donor money earmarked for a wall along the southern U.S. border will begin on Dec. 9, a month and a half after the former Donald Trump adviser is released from prison on a separate contempt of Congress conviction.
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July 23, 2024
Winston & Strawn Adds MoFo Tax Pro As Partner In NY
Winston & Strawn LLP has added a transactional tax specialist from Morrison Foerster LLP as a partner with the firm's transactions department and tax practice in New York.
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July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal
Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
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July 23, 2024
NY Judge OKs Public Disclosure In Atty Misconduct Cases
A New York federal judge ruled Monday that the First Amendment does allow those who filed grievances against attorneys to access disciplinary hearings before the Appellate Division's Second Judicial Department, records related to those hearings and some of the grievance committee's final dispositions.
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July 23, 2024
Brennan Center Gets $30M For High Court Reform Unit
The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.
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July 23, 2024
4 Firms Guide SPAC Mergers Targeting AI, Cannabis Sectors
An AI-powered startup that vows to combat "disinformation" and a medical cannabis developer have agreed to go public by merging with special purpose acquisition companies through separate deals unveiled this week, guided by four law firms and a law office.
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July 23, 2024
Northern District Of NY Judge To Take Senior Status
U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.
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July 22, 2024
GSK Inks $4.5M Deal Resolving 'Non-Drowsy' Robitussin Suit
GlaxoSmithKline has agreed to pay $4.5 million as well as remove the "non-drowsy" label from its Robitussin cough medicine to put to rest allegations it mislabeled the medicine, which consumers claim does cause drowsiness, according to a motion filed Monday in New York federal court.
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July 22, 2024
Actor, Promoter Cop To Forcount Crypto Ponzi Scheme
An actor who purported to be the CEO of Forcount Trader Systems Inc. and another promoter of the fake cryptocurrency outfit on Monday both admitted to defrauding investors out of millions of dollars through a Ponzi-esque pyramid scheme.
Expert Analysis
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Strategies For Defense Attys To Subpoena A Nonparty Witness
Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Bankruptcy Courts' Role In Shaping Crypto's Legal Framework
Massive financial and criminal liability has led to the recent collapse of major cryptocurrency companies and put bankruptcy courts in the spotlight, underscoring the urgent need for a comprehensive regulatory framework, say Tara Pakrouh and Eric Monzo at Morris James.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Intent-Based Theory Of Liability In Hwang Creates Ambiguity
A case against Archegos Capital founder Bill Hwang alleging that he participated in a securities manipulation scheme, which goes to trial next month in New York federal court, highlights the need for courts to clarify the legal standard defining "market manipulation," says Edward Imperatore at MoFo.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.