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December 09, 2024
NHL Dropped From Antitrust Suit By Junior League Players
The junior-league hockey players who accused the North American developmental system of exploitation and abuse in a proposed antitrust class action voluntarily dismissed the NHL from the suit on Monday, less than two weeks after the Canadian Hockey League was dismissed by a New York federal judge.
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December 09, 2024
Justices Pan Broadway Producer's Blacklist Suit Revival Bid
The U.S. Supreme Court has dashed a Broadway producer's hopes that it would breathe new life into his claims accusing a stage workers union of breaking antitrust laws by discouraging members from working with him following complaints about unpaid wages.
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December 09, 2024
US Air Withdraws Fight For $139M In Costs After Sabre Deal
US Airways is dropping its demand for $139 million in attorney fees and costs after settling the issue with flight booking giant Sabre, a development poised to conclude the long-running New York federal court case accusing Sabre of monopolizing ticket distribution systems.
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December 09, 2024
2nd Circ. Mulls If DirecTV Has Standing In Retransmission Fight
The Second Circuit is set to decide whether DirecTV's refusal to ink retransmission deals with two companies that it says were illegally collaborating with Nexstar Media Group means that it doesn't have injury to bring an antitrust suit accusing the companies of trying to fix prices.
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December 09, 2024
CFPB Gets Final OK For $950K Student Lender Settlement
A New York federal judge has granted final approval to a $950,000 settlement reached between the Consumer Financial Protection Bureau and an online private student lender and its venture capital backer over claims that they duped borrowers into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."
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December 09, 2024
Prevagen Maker Ordered To Cease Memory Claims
A New York federal judge on Friday upheld an injunction blocking Quincy Bioscience Holding Co. Inc. nationally from making claims that its supplement Prevagen can treat memory problems.
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December 09, 2024
2nd Circ. Compares Trader Joe's Execs' COVID Trips For Bias
The way that Trader Joe's treated a similarly situated male employee is critical to the success of a sex discrimination lawsuit brought by a female ex-vice president who was fired after taking a vacation in the early days of the COVID-19 pandemic, judges of the Second Circuit suggested Monday.
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
Boies Schiller Adds 2 Litigators In New York, San Francisco
Boies Schiller Flexner LLP has hired two litigators for its New York and San Francisco offices, the firm announced Monday.
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December 09, 2024
MLB Can't Duck Digital Ticket IP Suit Despite Plaintiff Swap
A New York federal judge declined to toss a digital ticketing patent holder's amended infringement complaint against Major League Baseball's interactive division, reasoning that the complaint was still valid even though the inventor substituted his company as the plaintiff.
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December 09, 2024
Famous Steakhouse Chain's Ex-GC Gets Go-Ahead For Bias Suit
The ex-general counsel of iconic steakhouse chain The Palm Restaurant can move ahead with a discrimination lawsuit claiming she was ousted after a 2020 bankruptcy sale, a New York federal court ruled Monday.
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December 09, 2024
Nadine Menendez Trial Date Set After Jan. 6 Delay Bid Nixed
The trial of Nadine Menendez on corruption charges is set to start in January, a Manhattan federal judge said Monday, after hearing that a potential defense scheduling conflict over a U.S. Capitol insurrection-related case will likely "evaporate" when Donald Trump takes office.
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December 09, 2024
Menendez Verdict Wasn't Tainted By Evidence Error, Feds Say
Prosecutors told a Manhattan federal judge that evidence that was mistakenly loaded onto a laptop given to the jury that convicted former Sen. Bob Menendez, D-N.J., of bribery charges most likely wasn't seen by the jurors and didn't impact their verdict in a way that would merit a new trial.
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December 06, 2024
SEC Says Market Forecaster Ran Biotech Pump-And-Dump
The U.S. Securities and Exchange Commission has sued a subscription-based investment advice company and its owner, accusing them of making nearly $1.4 million in a pump-and-dump scheme involving a purported drugmaker.
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December 06, 2024
Allianz Exec Avoids Prison For $7B Investor Fraud
A New York federal judge on Friday declined to sentence a former portfolio manager for Allianz SE's U.S. unit to any time in prison for lying to investors about the riskiness of a group of private investment funds that lost over $7 billion when the COVID-19 pandemic hit.
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December 06, 2024
Diddy's Companies Tossed From One Of His Rape Suits
A New York federal judge Thursday dismissed two of Sean "Diddy" Combs' companies from a lawsuit accusing the hip-hop mogul and two other men of trafficking and raping a 17-year-old in 2003, saying a 2022 amendment to a local law expanding liability for gender-motivated violence didn't apply retroactively.
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December 06, 2024
$490M Suit Over Kurdish Telecom Loan Paused For Arbitration
A New York federal judge has paused litigation filed by a subsidiary of Kuwaiti logistics firm Agility Public Warehousing Co. to enforce a $490 million judgment against the Kurdistan Regional Government of Iraq while a related arbitration plays out.
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December 06, 2024
2nd Circ. Won't Revisit Sheeran's 'Let's Get It On' Win
The Second Circuit won't rethink a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," handing a loss to Structured Asset Sales LLC.
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December 06, 2024
Justices To Decide If Terror Victim Law Violates Due Process
The U.S. Supreme Court agreed Friday to decide whether a 2019 law gives courts jurisdiction over the Palestinian Authority and Palestine Liberation Organization or conflicts with the Fifth Amendment's due process clause.
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December 06, 2024
Barclays Investors Get Initial OK For $19M Overissuance Deal
A New York federal judge Friday granted the first green light to a $19.5 million settlement for a class of investors who bought Barclays PLC securities and then claimed the banking giant misled them about its internal controls before selling more than $17.6 billion in securities over its maximum registered amount.
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December 06, 2024
Two Firms To Rep CVS Investors In Benefit Unit Losses Suit
Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti & Auld LLP will co-lead a proposed class of investors in consolidated litigation alleging CVS Health Corp. hurt investors as it announced its benefit unit's unanticipated losses.
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December 06, 2024
Merrill Lynch Can't Beat Stock Loan Class Cert. Bid
A New York federal judge on Friday overruled objections from Bank of America unit Merrill Lynch to certify a class of investors, with a slightly extended class period, in a suit alleging the financial institution colluded with other major banks to avoid modernizing the stock loan market.
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December 06, 2024
FTC Dems Tout Impact of Handbag Merger Win
The Federal Trade Commission's leader said a recent court ruling that led the owners of Coach and Michael Kors to abandon their planned $8.5 billion tie-up should make it easier to prove mergers hurt competition without needing to rely on expensive economic experts.
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December 06, 2024
FTX Says Three Arrows Can't Add $1.5B To Ch. 11 Claims
FTX is pushing back against efforts by liquidators for defunct cryptocurrency hedge fund Three Arrows Capital to add more than $1.5 billion to its claims in FTX's Chapter 11 case in Delaware bankruptcy court.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Don't Phone A Friend: Disclosing Friendships With Executives
The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.