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New York
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November 08, 2024
NYC Water Worker Alleges Retaliation For Off-Duty Pot Use
A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.
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November 08, 2024
Feds Say Iranian Agents Plotted To Kill Trump, Journalist
Manhattan federal prosecutors announced Friday that three agents of the Iranian government are charged with surveilling and plotting to kill American citizens, including President-elect Donald Trump and a journalist who has been an outspoken critic of the regime.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 08, 2024
White & Case Adds Life Sciences IP Atty From A&O Shearman
A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.
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November 08, 2024
Experienced Dealmakers Lead 3 SPACs Raising $365M Total
Three special purpose acquisition companies began trading Friday after pricing initial public offerings that raised $365 million combined under guidance from four law firms, marking the latest sign that more SPACs, particularly those with prior deals under their belts, are willing to test an improving market.
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November 08, 2024
Career Butler Snow Attorney Joins Holland & Knight In NYC
Holland & Knight LLP has hired a transactional attorney who focuses her practice on new markets tax credits and other financial matters, and who spent her entire career up to now with Butler Snow LLP, the firm announced Thursday.
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November 08, 2024
Mitsubishi Chemical Dodges Ex-Worker's ERISA Suit, For Now
A New York federal judge tossed a former worker's suit claiming Mitsubishi's chemical unit retained pricey and underperforming funds in its $700 million retirement plan while failing to cut fees, finding his claims were either half-baked or he failed to show he suffered an injury.
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November 08, 2024
Katten Adds Private Credit Partner From Weil In NY
Katten Muchin Rosenman LLP has added a former Weil Gotshal & Manges LLP banking and finance counsel, who joined the team in New York as a private credit partner.
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November 07, 2024
Ex-Celsius CEO OK'd To Seek Testimony From Abroad
A New York federal judge Thursday gave former Celsius Network CEO Alex Mashinsky the green light to seek deposition testimony from witnesses reading abroad that he claims is crucial to his defense, but declined to narrow the case against the founder of the now-bankrupt cryptocurrency-lending platform.
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November 07, 2024
OpenAI Beats Copyright Suit By 2 News Websites, For Now
OpenAI preliminarily escaped one of the many copyright suits it's facing from journalism publishers on Thursday, as a New York federal judge found that two alternative news websites didn't sufficiently allege harm from the removal of author information in ChatGPT training sets.
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November 07, 2024
HSBC, Exec Agree To End Racial Bias Promotion Row
An HSBC executive has agreed to end her racial discrimination lawsuit against her employer over an allegedly denied promotion, the parties informed a Manhattan federal court Thursday.
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November 07, 2024
Ex-TD Branch Manager Gets 13 Months For Account Theft
A former New York-based branch manager of TD Bank was sentenced to 13 months in prison after pleading guilty to stealing over $200,000 from a customer's account, even after the customer had died.
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November 07, 2024
Truth Social Tipper Gets 28 Mos. In Trump SPAC Insider Case
A Manhattan federal judge hit a career securities trader from Florida with a 28-month prison sentence Thursday after a jury convicted him of conveying tips that fueled a $23 million insider trading scheme exploiting plans to take Truth Social public.
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November 07, 2024
Transgender Athlete Case Can Advance, Conn. Judge Rules
A Connecticut federal judge has declined a high school athletic association's bid to dismiss challenges by cisgender students to a transgender athlete inclusion policy, ruling that the most recent complaint alleges a "plausible" Title IX disparate treatment claim.
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November 07, 2024
Albany, NY, Nursing Home Hit With $2M Verdict Over Death
A New York federal jury has hit the Albany County Nursing Home with a $2 million verdict in a suit by a woman alleging the staff neglected her father and did nothing as he lay dying in bed.
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November 07, 2024
11th Circ. Revives Project Veritas' CNN Defamation Suit
The Eleventh Circuit reversed the dismissal of Project Veritas' defamation lawsuit against CNN on Thursday, saying the group's claim was plausibly alleged against the news network over an anchor's on-air characterization of why the organization was suspended from Twitter, the social media website now named X.
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November 07, 2024
Lynk Global Taps New Execs Amid Deal With A-Rod's SPAC
Lynk Global Inc., the satellite-to-phone business merging with the blank-check company of former New York Yankees star Alex Rodriguez, on Thursday revealed that it has picked a new CEO and CFO while securing capital investments from shareholders.
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November 07, 2024
Trump's Victory Muddles NY Sentencing: 'No Playbook Here'
The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.
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November 06, 2024
Judiciary Panel Spurns Broadcasts, But More Pressure Looms
Despite support from a jurist who televised a mass murderer's trial, the lead rulemaking body for federal criminal cases voted Wednesday against loosening limits on courtroom broadcasts, but members exchanged sharply conflicting views and predicted that digital age pressure will keep rising.
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November 06, 2024
FTX Exec Looks To Avoid Prison For 'Smallest Share' Of Crime
Former FTX technology chief Zixiao "Gary" Wang on Wednesday asked a Manhattan federal judge not to give him prison time for his part in the $11.2 billion fraud case, calling himself "the one who stands convicted of the smallest share of misconduct" among former CEO Sam Bankman-Fried's lieutenants.
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November 06, 2024
Fed. Circ. Mulls Whether Billable Hour Tech Can Be Patented
The Federal Circuit is set to decide whether a LexisNexis program that helps attorneys track their billable hours is stepping on another company's intellectual property or if that company is simply trying to patent the noninventive concept of keeping time using a computer.
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November 06, 2024
Nike False Ad Claims In StockX TM Fight Must Go, Judge Told
Online resale marketplace StockX has asked a New York federal judge to end Nike's counterfeiting and false advertising claims, saying that StockX has actually prevented the sale of millions of suspected counterfeits and that "Nike strains credulity when it claims StockX is a willful counterfeiter."
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November 06, 2024
NYS Says Free Speech Can't Protect Schools In Mascot Ban
The New York State Board of Regents has urged a federal judge to throw out three lawsuits lodged by several school districts over the state's decision to ban the use of Native American mascots and imagery, saying their First Amendment arguments lack merit.
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November 06, 2024
Automation Co. UiPath Beats Some Shareholder Claims
A New York federal judge has dismissed several claims from a proposed investor class action against UiPath Inc. that alleges the automation software company misrepresented its technological advancements, market share and revenue to artificially inflate its stock price, finding that many of the challenged statements are inactionable.
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November 06, 2024
Sanctioned Supplier, Abbott Strike Deal Over TM Judgment
Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September.
Expert Analysis
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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NY Ruling Paves A Court Payment Shortcut For More Creditors
A recent New York state appeals court ruling expands access to an expedited statutory procedure for court enforcement of promissory notes or unconditional guaranties, allowing more creditors to minimize the risk of potentially challenging litigation on threshold issues, says Alexander Levi at Friedman Kaplan.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.