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October 08, 2024
Latham-Led Ares Paying $3.7B For Real Assets Manager GCP
Latham & Watkins LLP-led Ares Management Corp. said Tuesday it has agreed to buy GCP International, a global alternative asset management firm with $44 billion of assets under management, in a cash and stock transaction valued at $3.7 billion.
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October 08, 2024
Ex-Aide To NYC Mayor Charged With Witness Tampering
Manhattan federal prosecutors on Tuesday charged a former aide to New York City Mayor Eric Adams with witness tampering and destroying evidence, alleging he told five witnesses to lie to FBI agents investigating his boss.
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October 08, 2024
AGs Slam TikTok With Youth Addiction, Fraud Claims
More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.
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October 07, 2024
FTC's Amazon Monopolization Suit Largely Survives Dismissal
The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
Seinfeld-Inspired Investors Sue Bitwise Over $2M Crypto Losses
A group of family-owned investment companies named after a gag from "Seinfeld" sued crypto asset manager Bitwise and its executives for allegedly duping them into staying invested in one of its funds as it sought a conversion to a less-preferable structure, causing them $1.9 million in losses.
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October 07, 2024
McDonald's Accuses Big Beef Of Price-Fixing
McDonald's Corp. sued Cargill, JBS, National Beef Packing Co., Swift Beef Co., Tyson and several subsidiaries in New York federal court Friday, accusing the major meat processing and packing companies of conspiring to fix beef prices, resulting in higher costs for the fast food behemoth.
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October 07, 2024
High Court Doubts States Can Police Federal Rights Claims
The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.
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October 07, 2024
3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases
3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.
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October 07, 2024
Justices Won't Hear Commerzbank RMBS Fight With US Bank
The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.
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October 07, 2024
Coinbase Says Ripple Appeal Supports Its Own 2nd Circ. Bid
Cryptocurrency exchange Coinbase told a New York federal judge that the Second Circuit would be best served by reviewing the firm's bid to toss the U.S. Securities and Exchange Commission's enforcement suit against it now that the SEC has appealed a judgment with similar legal questions in its case against Ripple Labs.
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October 07, 2024
Sparring With Adams, Feds Shadowbox The Supreme Court
The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.
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October 07, 2024
Vendor Says Rue21 Skipped $2M In Bills For Clothing
A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.
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October 07, 2024
Grocery Co. Won't Get High Court Review Of Gender Bias Suit
The U.S. Supreme Court announced Monday it won't review the revival of a gender bias case brought by a woman who said she was fired from her management role in a grocery store chain after her supervisor repeatedly said that management jobs were "too stressful" for women to handle.
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October 07, 2024
Manafort Associate's Bribery Case Won't Get Top Court Look
The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.
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October 07, 2024
US Trustee Pans Guo Ch. 11 Trustee's Secret Deal For Firm
The U.S. Trustee's Office on Monday objected to a Chapter 11 trustee's attempt to file under seal a deal with a law firm in the sprawling $374 million bankruptcy of convicted Chinese exile Miles Guo, saying voluminous case law prevents shrouding such settlements with secrecy.
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October 07, 2024
Feds Seek Tape, Allege Witness Tampering In WeWork Case
Prosecutors asked Sunday to subpoena a recording of an incident in which they say a former investment firm CEO who is accused of making a fraudulent offer for WeWork shares had improper contact with a witness expected to testify at the ex-CEO's upcoming trial.
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October 07, 2024
DOJ Fraud Assistant Chief Joins McGovern Weems In DC
An official in the U.S. Department of Justice's Fraud Section has left to join McGovern Weems LLC after a decade with the federal agency, bringing extensive trial experience to the white collar firm.
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October 07, 2024
Akerman Adds In-House Atty From WR Berkley
An assistant vice president and counsel to W.R. Berkley Corp., a commercial lines property and casualty insurance holding company, left his in-house role to become a partner with Akerman LLP in New York, the firm announced Monday.
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October 07, 2024
Sprinter Says Gatorade Gummies Made Him Flunk Doping Test
A New York federal judge heard Monday from a promising sprinter from Texas who claims Gatorade Recovery gummies gifted to him by the sports-drink giant caused him to fail a doping test, an allegation the PepsiCo unit denies.
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October 07, 2024
CM Law Grows With Litigation Partners In NY, DC And Texas
CM Law PLLC, formerly known as Culhane Meadows Haughian & Walsh PLLC, has grown with the addition of three litigation partners in New York; Washington, D.C.; and Texas.
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October 07, 2024
6 High Court Cases To Watch For Trial Attorneys
As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.
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October 07, 2024
3 Firms Advise $1B Blue Owl Buy Of Data Center Firm IPI
Asset manager Blue Owl Capital said Monday that it will pay $1 billion to acquire digital infrastructure fund manager IPI Partners, in a deal advised by Gibson Dunn & Crutcher LLP, Morrison Foerster LLP and Kirkland & Ellis LLP.
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October 07, 2024
Justices Won't Hear Kickback Statute 'Willfulness' Case
The U.S. Supreme Court on Monday declined to consider whether a "willful" act under federal anti-kickback law requires a defendant to know their actions violate the law.
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October 07, 2024
Justices Won't Hear Hospital Challenge To NLRB Rehire Order
The U.S. Supreme Court said Monday that it will not consider a New York hospital's challenge to a National Labor Relations Board decision finding it violated federal labor law by firing a nurse who confronted a manager about negotiations of a labor contract.
Expert Analysis
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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.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.