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November 14, 2024
Hasbro's Excess Toy Inventory Tanked Stock, Suit Says
Toy and entertainment company Hasbro Inc. has been hit with a proposed shareholder class action alleging it falsely portrayed high inventory levels as a protective measure against supply chain issues despite knowing its inventory far exceeded actual consumer demand.
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November 14, 2024
Maryland Seeks To Undo Litigation Pause In Purdue Appeal
The state of Maryland argued in New York federal court Thursday that it should be allowed to pursue claims against the Sackler family members who own bankrupt OxyContin maker Purdue Pharma LP, and that a temporary injunction currently blocking a flood of litigation should be thrown out.
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November 14, 2024
NY Nursing Homes Ink $45M Deal To End AG's Fraud Suit
Four New York nursing homes have agreed to a $45 million deal that will end a civil lawsuit brought by the state accusing them of neglecting residents and defrauding Medicare and Medicaid, according to a Friday announcement by New York Attorney General Letitia James.
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November 14, 2024
Legal Aid Groups Accuse NYC Of Payment Delays
The nonprofits that provide legal aid to low-income tenants and immigrants in New York City say that due to city delays, they haven't been able to submit invoices for five months, threatening the groups' ability to pay workers and continue operating.
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November 14, 2024
NYC Speeds Away From Taxi Drivers' RICO Claim
New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."
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November 14, 2024
Man Found Guilty Of Scamming NBA Players Seeks New Trial
A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.
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November 14, 2024
NY Gov. Brings Back Manhattan Congestion Pricing Plan
The resurrection of New York City's plan to charge all vehicles a fee for entering Manhattan's busiest corridor demonstrates a mad dash in the final months of the Biden administration to expedite infrastructure projects perceived as political lightning rods before President-elect Donald Trump takes office.
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November 14, 2024
Trump Names Solicitor General, SDNY Picks
President-elect Donald Trump announced on Thursday he is tapping for solicitor general the lawyer who represented him before the U.S. Supreme Court and will name his former chair of the U.S. Securities and Exchange Commission to be U.S. attorney for the Southern District of New York.
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November 14, 2024
Ben & Jerry's Says Unilever Broke Their Deal Over Gaza
Ben & Jerry's sued its parent company, Unilever, Wednesday in New York federal court accusing the consumer goods giant of breaching their settlement agreement that allows the ice cream company freedom in taking political stances by trying to dismantle its independent board and muzzle its stance on the war in Gaza.
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November 14, 2024
Sports Media Co. Can't Sink SEC's $22M Fraud Suit
A New York federal judge said media technology company Icaro Media Group Inc. and its CEO must face the U.S. Securities and Exchange Commission's suit alleging they raised more than $22 million from investors on fake claims that the company was about to launch a sports content application in partnership with major telecommunications companies.
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November 14, 2024
47 AGs Support FCC's Robocall Database Reforms
A bipartisan coalition of 47 attorneys general encouraged the Federal Communications Commission to implement new rules aimed at improving the effectiveness of the Robocall Mitigation Database, or RMD, writing in a comment letter that the database is "currently one of the most important sources of information available for anti-robocall enforcement actions."
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November 14, 2024
Robbins Geller Tapped To Lead Software Co. Investor Suit
A pair of pension funds represented by Robbins Geller Rudman & Dowd LLP has beaten out individual investors vying to lead a shareholder class action against MongoDB Inc. over the software company's growth projections.
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November 14, 2024
Giuliani Attys Signal Impasse In Bid To Exit Collection Cases
Attorneys representing disgraced ex-lawyer Rudy Giuliani asked a New York federal court to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, indicating they are at odds with the onetime New York City mayor.
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November 14, 2024
'We'll Leave It To Others': SEC's Gensler Hints At Exit
U.S. Securities and Exchange Commission Chair Gary Gensler gave a lengthy speech Thursday about his legacy and what remains to be done on regulations related to investors' climate, artificial intelligence and crypto concerns.
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November 14, 2024
Mayer Brown Energy And Project Finance Partner Joins Akin
Akin Gump Strauss Hauer & Feld LLP announced Thursday that an experienced project finance and energy attorney joined the firm's New York office as a partner, in a move Akin said will help with its increased client demand in those areas.
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November 14, 2024
DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY
DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."
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November 14, 2024
Lewis Brisbois Spotlights Live Theater With New Partner
Lewis Brisbois Bisgaard & Smith LLP is giving their regards to Broadway, hiring live production counsel Nathan Sheffield as a partner in New York.
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November 14, 2024
Proskauer Taps Ex-Creative Artists Agency CFO As New COO
Proskauer Rose LLP announced Thursday that it has hired the former chief financial officer from Creative Artists Agency as its chief operating officer to oversee the firm's operations and 800 business services professionals.
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November 14, 2024
NY Contractor Cops To Aiding Theft In Commercial Bribe Case
A New York contractor pled guilty on Thursday in the Manhattan district attorney's commercial bribery case alleging dozens of construction industry defendants conspired to steal from developers in a sprawling kickback scheme involving $100 million in contracts.
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November 14, 2024
Capri, Tapestry Kill $8.5B Handbag Deal Amid FTC Battle
Capri Holdings Ltd. and Tapestry Inc. have called off their $8.5 billion merger following an extended regulatory battle with the Federal Trade Commission, with the companies mutually agreeing to terminate the deal because it is "unlikely" to obtain the regulatory approvals needed to close on time, Capri said Thursday.
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November 13, 2024
Axiom Launches Services To Tackle Corporate Litigation
Alternative legal service provider Axiom announced Tuesday it is launching two new litigation services for large-scale businesses and smaller operations offering lower-cost options for dealing with contract issues, unpaid invoices and other routine business disputes.
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November 13, 2024
Damages Limited In AGs' Generic Drug Price-Fixing Case
A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.
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November 13, 2024
Feds Seek FTX Assets Used For Alleged China Bribes
U.S. prosecutors have asked a New York federal judge to help secure millions of dollars worth of digital assets held at cryptocurrency exchange Binance, alleging the tokens are tied to what they described as bribes that former FTX CEO Sam Bankman-Fried paid to Chinese law enforcement officials.
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November 13, 2024
FTX Prosecutors Tout Tech Chief's 'Outstanding Cooperation'
Manhattan federal prosecutors urged a lenient sentence for former FTX technology chief Zixiao "Gary" Wang, telling the court on Wednesday that his "outstanding cooperation" was instrumental in securing the lightning-fast indictment and ultimate conviction of founder Sam Bankman-Fried for an $11 billion fraud that sank the crypto exchange.
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November 13, 2024
2nd Circ. Doubts Bakery Drivers Fall Under Arb. Requirements
A Second Circuit panel seemed to express skepticism Wednesday over a baked goods company's argument that its products' delivery drivers are not exempt from federal arbitration requirements as interstate transportation workers, weighing in on an independent contractor classification suit that went to the U.S. Supreme Court.
Expert Analysis
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2nd Circ. Provides NY Pathway For Fighting Foreign Infringers
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.