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February 24, 2025
High Court Won't Hear Bankruptcy 'Safe Harbor' Dispute
The U.S. Supreme Court declined Monday to hear a dispute over what transactions are protected from clawback by a trustee, leaving in place a Second Circuit decision finding that the U.S. Bankruptcy Code's safe harbor provisions trump the trustee's state-law based fraudulent transfer claims.
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February 24, 2025
Conn. Solo Wants Willkie Partner's $27K Fee Bid Slashed
A Connecticut solo practitioner who lost a First Amendment lawsuit after leaking a Willkie Farr & Gallagher LLP's partner's landlord-tenant dispute to the New York Post on Monday criticized the partner's bid to recoup his legal fees, arguing $8,250 is more reasonable than his current $27,000 demand.
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February 24, 2025
UK Reinsurer Can't Challenge Tyson's Fire Coverage Ruling
A British reinsurer cannot challenge a decision barring it from pursuing arbitration in New York against the captive insurer for Tyson Foods in a coverage dispute stemming from a fire at an Alabama plant owned by the food giant, a London court ruled.
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February 24, 2025
Cravath Swaine Adds Ex-DOJ Criminal Division Leader In NY
Cravath Swaine & Moore LLP announced Monday that it has hired the former acting assistant attorney general of the U.S. Department of Justice's Criminal Division to advise clients about civil and criminal matters.
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February 24, 2025
4 Firms Advise On Apollo's $1.5B Bridge Investment Buy
Apollo Global Management said Monday it has agreed to buy Bridge Investment Group Holdings Inc., a Salt Lake City, Utah-based real estate investment manager, in a $1.5 billion deal steered by four law firms, as Apollo looks to expand its real estate equity and credit offerings.
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February 24, 2025
Justices Won't Rehear Case Against NY Broadband Price Cap
The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Real Estate Recap: 'Park Ave' Effect, Federal Leases, Atty Hires
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a fourth-quarter "Park Avenue Phenomenon" seen by top brokerages, industry reaction to the potential federal lease slimdown, and a senior analyst's projection for family office investment in commercial real estate.
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February 21, 2025
CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say
Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.
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February 21, 2025
Shkreli Avoids Sanctions Over 'Frustrating' Wu-Tang Tangle
Convicted former pharmaceutical executive Martin Shkreli won't have to pay sanctions after purportedly dragging his feet for nearly six months on complying with court orders to hand over copies of a Wu-Tang Clan album to the crypto project that bought it from him.
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February 21, 2025
Kim Kardashian Accused Of Misidentifying Death Row Inmate
Kim Kardashian was sued Thursday in California state court one year after a photo the reality television star posted in an Instagram story allegedly identified the wrong man as a Texas prisoner on death row.
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February 21, 2025
Diddy Atty Says No Way He Can Continue As Defense Counsel
A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.
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February 21, 2025
FINRA Fines Merrill Lynch Over Early Sales Of IPO Shares
Merrill Lynch will pay a $275,000 fine to settle the Financial Industry Regulatory Authority claim that, for nearly three years, the firm accepted purchase orders for shares of newly issued stock prior to the opening of secondary market trading in those shares.
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February 21, 2025
6 Things To Know About Shein's Fast Fashion Feuds
Ultra-fast fashion behemoth Shein is facing accusations of infringing intellectual property in dozens of cases from plaintiffs ranging from major fashion brands to individual artists. Here are six things to know about Shein's intellectual property battles.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
Harry Manbeck, Former USPTO Head, Dies At 98
Former U.S. Patent and Trademark Office leader and chief patent counsel at General Electric Co., Harry F. Manbeck Jr., died Wednesday. He was 98.
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February 21, 2025
Luigi Mangione Says His Rights Are Being Violated In NY Case
An attorney for Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, told a New York state court judge on Friday that his constitutional rights are being violated in the state case as federal prosecutors are "hanging the death penalty over" his head on related charges.
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February 21, 2025
$25 Child Support Minimum A Symbol Of 'Broken' NY System
In New York City, $25 doesn’t stretch very far. And yet, New York state law mandates a minimum child support order of $25 per month, even when the noncustodial parent has little or no income. This requirement can lead to unpayable debts for indigent parents, while offering little meaningful financial support to the custodial parent, legal aid attorneys told Law360.
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February 21, 2025
NYC Sues Trump Over $80M In Lost FEMA Funds
New York City said Friday it is suing President Donald J. Trump and his administration over the reversal of a transfer of about $80 million that the Federal Emergency Management Agency made to the city earlier in February.
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February 21, 2025
FanDuel Demands Arbitration For Ex-Jaguars Employee Suit
The former NFL team administrator now imprisoned for embezzlement is bound by an arbitration clause in his FanDuel contract, the betting platform argued Friday in its motion to send a $250 million New York federal lawsuit to arbitration.
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February 21, 2025
Swizz Beatz Says Suit Over 1MDB Funds Is Time-Barred
Hip-hop artist Swizz Beatz has told a Manhattan federal judge that a suit claiming he received millions of dollars that were stolen in the 1Malaysia Development Berhad fraud scandal should be tossed since it was brought after the six-year statute of limitations.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Childish Gambino Nabs Fees In 'This Is America' IP Case
A New York federal judge has ordered a Miami rapper to pay out nearly $287,000 in legal fees for litigating a failed copyright case targeting Childish Gambino's 2018 hit song "This Is America," less than a third of what the record label lawyers and others had asked for.
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February 21, 2025
Psychedelic Law Community Copes With Industry Ego Death
After emerging as a hot-ticket practice a few years ago, the psychedelic law sector has encountered some recent setbacks as progress toward loosening state and federal restrictions on mind-altering substances has stalled. But while several psychedelic boutiques have folded, attorneys say that the small community of lawyers passionate about this area of law aren't going anywhere.
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February 21, 2025
NY Restaurant $725K Wage, Tip Deal Served Final OK
A federal judge approved a $725,000 deal to resolve a proposed class action accusing a New York City restaurant of stiffing service workers on wages and misapplying a tip credit to their overtime pay, according to a federal court filing.
Expert Analysis
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.