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New York
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August 09, 2024
Not Enough Data To Find Jury Racial Disparity, 2nd Circ. Says
The Second Circuit declined to find that the Southern District of New York's jury selection procedures cause underrepresentation of minorities, but welcomed "a future challenge with greater proof" against the district's voter registration-based system.
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August 09, 2024
New Yorker Sues Ice Cream Museum Over Sprinkle Pool Injury
New York City's Museum of Ice Cream is facing a suit from a man who alleges he broke his ankle when he jumped into the museum's "Sprinkle Pool" and is calling the attraction unsafe.
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August 09, 2024
Healthcare-Focused SPAC Voyager Nets $220M IPO
Shares of healthcare-focused Voyager Acquisition Corp. began trading publicly on Friday after the company priced its $220 million initial public offering.
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August 09, 2024
'Outrageous': Dems Grill JPMorgan Over Potential New Fees
Two Senate Banking Committee Democrats have ripped into JPMorgan Chase & Co. over an executive's recent warning that it may hike some costs for customers in response to pending fee rules from the Consumer Financial Protection Bureau, calling it an "outrageous" threat and demanding more details from the megabank.
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August 09, 2024
Judge Sides With NY Diocese In Axing 33 Abuse Claims
A New York federal judge has upheld the dismissal of 33 sexual abuse claims against Long Island's bankrupt Roman Catholic Diocese, finding there was insufficient evidence the diocese had supervisory control over the alleged abusers.
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August 09, 2024
Virtu Financial Can't Cut Down SEC's Information Security Suit
A Manhattan federal judge declined Friday to trim a U.S. Securities and Exchange Commission lawsuit over Virtu Financial Inc.'s protection of customer investment data, saying discovery is needed to determine whether the platform designed reasonable safeguards to wall this information off from its own in-house traders.
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August 09, 2024
NYC Prisons Face Contempt Bid Over Missed Medical Service
Inmates of the New York City prison system have rekindled a class action against the city's Department of Correction with a contempt motion claiming the department has failed to follow a court order to provide prisoners with better access to healthcare services.
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August 09, 2024
NY Counties Say Cayuga Nation's 911 Suit Not An Emergency
Two New York counties have urged a federal district court to toss the Cayuga Nation's lawsuit accusing the counties of refusing to forward the reservation's 911 calls to the tribe's police department unless it pays, arguing the tribe's civil rights protection claims are not enforceable.
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August 09, 2024
Full 2nd Circ. Axes Producer's Bid To Revive Blacklisting Suit
The Second Circuit won't take a second whack at its ruling that a stage workers union can't be held liable under antitrust laws for discouraging members from working with a Broadway producer following complaints about unpaid wages.
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August 09, 2024
Phillips Lytle Adds Ex-Benderson Development In-House Atty
An attorney who started his career at Phillips Lytle LLP has returned to the firm as special counsel on its real estate industry team in New York state after five years as in-house counsel at Benderson Development.
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August 09, 2024
Off The Bench: NCAA Antitrust Woes, Ohio Trans Sports Ban
In this week's Off The Bench, the NCAA still faces pushback from athletes after an NIL settlement, transgender youth athletes in Ohio lost their legislative battle, and the Seventh Circuit set an insurance broker straight on its actions in an NFL team's settlement with a former player.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 09, 2024
Algonquin Power Selling Renewable Business For Up To $2.5B
Gibson Dunn-led Canadian utility Algonquin Power & Utilities Corp. has agreed to sell its renewable energy business to a wholly owned subsidiary of Milbank-advised LS Power for up to $2.5 billion, the companies said in statements Friday.
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August 08, 2024
UMG Hit With Copyright Suit Over Pitbull Song 'I Feel Good'
Rapper Pitbull's 2021 hit "I Feel Good" ripped off the melody, tempo and arrangement used in another composition made over a decade ago, a New York company alleges in a copyright infringement suit filed in New York federal court Thursday against Universal Music Group and Pitbull's label imprint.
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August 08, 2024
Investors, Banks Pitch Next Steps In Saved Bond-Rigging Suit
Investors accusing major banks of conspiring to rig corporate bonds have told a New York federal court they want to file a new complaint after the Second Circuit revived the suit last month over a potential conflict with the previous judge, while the defendants say this would take the case "back to square one."
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August 08, 2024
2nd Circ. Says Fla. Biz Should Have Been More Diligent Earlier
A small Florida chain of souvenir stores had no luck Thursday at the Second Circuit trying to revive allegations that owners of a bankrupt beachwear company concealed the ownership of trademark registrations in a since-settled, decade-old lawsuit, because the chain "should have uncovered the alleged fraud" the first time.
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August 08, 2024
Lululemon Soured Investors With Latest Leggings, Suit Says
Activewear company Lululemon Athletica Inc. faces an investor's proposed class action alleging it failed to disclose issues underlying sluggish U.S. growth, including factors that allegedly affected a recent bungled rollout of its Breezethrough leggings.
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August 08, 2024
2nd Circ. Won't Rethink Decision On 'Short-Swing' Profits
The Second Circuit won't reconsider its decision to revive a lawsuit against hedge fund Raging Capital Management LLC over claims that it improperly made $5 million in short-swing profits as a corporate insider of retailer 1-800-Flowers.
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August 08, 2024
Judge Pauses Syracuse Diocese Ch. 11 Pending Changes
A New York bankruptcy judge put the Roman Catholic Diocese of Syracuse's Chapter 11 case on hold Thursday until the diocese finishes revisions to its bankruptcy plan it says are needed to bring it into line with the Supreme Court's decision on Purdue Pharma's plan.
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August 08, 2024
Wash. Firm, Atty Say Rehashed $20M Con Claims Can't Stick
A Washington attorney and her former law firm have urged a Washington judge to toss a lawsuit alleging they were part of a scheme to con an asset management company out of $20 million, arguing that they were following instructions as escrow agents making sure funds were disbursed.
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August 08, 2024
MLB May Settle With Fired Ump Who Flagged Harassment
Major League Baseball and Brandon Cooper, a former minor league umpire accusing the league of firing him in retaliation for his reporting a female umpire's harassment, are discussing a settlement of his lawsuit, according to a joint letter asking a New York federal judge to pause the case.
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August 08, 2024
BlackRock Asia COO To Become Global Compliance Head
BlackRock has tapped its chief operating officer for the Asia-Pacific region to become the firm's global head of compliance, with the investment giant's current head of global compliance planning to retire from the firm, according to an internal company memo.
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August 08, 2024
Feds Seek 2 Years For Accountant In $8M Payroll Tax Scheme
A New Jersey moving company's head accountant should serve a two-year sentence for being the "nerve center" of a nearly $8 million payroll tax scheme, prosecutors told a New York federal judge in a bid to deny the man's request for a noncustodial sentence.
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August 08, 2024
Where Judicial Vacancies Stand As Congress Is In Recess
The U.S. Senate doesn't return for about a month, but when it does, Democrats will be on the final sprint to try to top the 234 judges confirmed in former President Donald Trump's first term.
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August 08, 2024
Atty Accuses NYC Agency Of Bias, EEOC Charge Retaliation
A staff attorney accused the New York City Administration for Children Services of abruptly revoking his years-old disability accommodations while he was recovering from heart surgery, alleging in a federal lawsuit Wednesday that the administration tried to force him to quit after he filed a state court action and a charge of discrimination with the Equal Employment Opportunity Commission.
Expert Analysis
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.