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April 04, 2025
Judge Details Preserving IP Claims Against Microsoft, OpenAI
A New York federal judge on Friday explained a decision from March that kept intact news organizations' direct and contributory copyright infringement claims accusing Microsoft and OpenAI of copying their content to train generative artificial intelligence models.
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April 04, 2025
NIH Wants Prompt 1st Circ. Review Of Agency's Grant Caps
The National Institutes of Health is seeking a quicker path to appeal a ruling that blocked its cap on research grant costs, asking a Boston federal judge on Friday to make permanent the preliminary injunction that put the agency's cost-cutting plans on hold.
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April 04, 2025
Judge Allows Deposition Of Witnesses In Russian Exec's Suit
A New York federal judge has ruled that the U.S. government can depose two men about a Russian bank executive's alleged effort to avoid economic sanctions following Russia's invasion and annexation of the Crimea region, saying it is necessary to "prevent a failure of justice."
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April 04, 2025
Crypto Firm Shorted Exec On Wages And Commissions, Suit Says
The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.
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April 04, 2025
2nd Circ. Won't Revisit Benefit Math In Colgate ERISA Suit
The Second Circuit refused Friday to rethink the methodology Colgate-Palmolive must use to recalculate retirement benefits for pensioners who said they were underpaid to the tune of $300 million, saying the issues raised by the company had already been decided.
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April 04, 2025
Paladin's CEO Kristen Sonday On Streamlining Pro Bono
While the legal industry has long touted the impact of volunteer work, Kristen Sonday, the co-founder and CEO of Paladin, an online platform matching pro bono opportunities with lawyers, said the industry has failed to properly value its impact on recruiting, retention and morale.
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April 04, 2025
Starbucks Illegally Called Cops On Protest, NLRB Judge Says
A National Labor Relations Board judge said Starbucks illegally called the police on organizers who leafleted a cafe in New York state, saying a manager called to suppress the protest and not to protect an organizer or get nonemployees off its property.
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April 04, 2025
Masimo Shareholder Vote Suit Against Founder Moved To Calif.
A New York federal judge has transferred to California Masimo Corp.'s suit against its founder over allegations he manipulated a shareholder vote at the medical technology company, finding that the "locus of operative facts" warrants the move.
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April 04, 2025
Guo Trustee Properly Obtained Yacht And $37M, 2nd Circ. Told
The Second Circuit should affirm rulings that drew a $37 million escrow fund and a $23 million yacht into Chinese exile Miles Guo's Connecticut bankruptcy estate, his Chapter 11 trustee has argued, asking the appellate court to uphold multiple prior rulings in his favor.
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April 04, 2025
NY Judge Who Blocked VOA Shutdown Sends Case To DC
The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to D.C. federal court, but said his restraining order remains in effect.
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April 04, 2025
Trump Gets Supreme Court Win In Teacher Grants Case
The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of unlawful court orders restraining the executive branch's power.
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April 04, 2025
Fox Rothschild Employment Atty Joins Pierson Ferdinand
Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.
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April 04, 2025
US Soccer, MLS Push Back On $500M Antitrust Retrial Bid
Major League Soccer and the U.S. soccer governing body have urged a Brooklyn federal judge to reject a defunct league's request for a new antitrust trial, arguing a jury was right to determine there was no relevant market in the suit.
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April 04, 2025
NY Youth Welfare Org Snags $9M Real Estate Bid In Ch. 11
Bankrupt youth mental health provider St. Christopher's Inc. is asking a New York bankruptcy court to approve the private sale of a 22.1 acre property for $9 million.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 04, 2025
Ex-Prosecutor Opens Defense Shop From Former Firm Office
Paul Murphy, a former federal prosecutor with more than three decades of experience, launched his own litigation shop out of his old law firm's New York office in an arrangement he said will afford him greater freedom over cases and clients.
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April 04, 2025
AGs Sue To Halt Disruptions To NIH Grant Funding
A coalition of 16 states on Friday sued the National Institutes of Health over delays and cancellations of grant programs linked to vaccines, transgender issues and other areas they say are currently "disfavored" by the Trump administration.
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April 03, 2025
Recidivist Convicted Of Conning NBA Players Gets 12 Years
A former stockbroker on Thursday was sentenced to over 12 years in prison after he was found guilty at trial last year of swindling two former NBA players out of $8 million, in what the judge called "pure and simple theft" by the recidivist fraudster.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
FINRA Member Can't Avoid Testifying In Fraud Investigation
A District of Columbia federal judge has refused to immediately block the Financial Industry Regulatory Authority from requiring a New York financial adviser to testify in an investigation into alleged fraud, ruling there is "no likelihood of irreparable harm here."
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April 03, 2025
Website, Licensing Co. Settle Food Photo Copyright Suit
The owner of a Las Vegas-based promotional website has agreed to settle its copyright dispute with a food photo licensing company that was previously criticized for so-called "copyright trolling."
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April 03, 2025
JPML Steers Pretrial Matters In OpenAI Copyright Fight To NY
The Judicial Panel on Multidistrict Litigation on Thursday decided to centralize the pretrial work for a series of copyright infringement and Digital Millennium Copyright Act lawsuits against OpenAI in New York federal court.
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April 03, 2025
2nd Circ. Judge Thinks Drug Price Fight Sounds Like Antitrust
A Second Circuit judge on Thursday suggested that the federal government may be insulated from claims over its demand for lower prices for Medicare and Medicaid recipients, musing that Boehringer Ingelheim Pharmaceuticals Inc.'s constitutional challenge to an Inflation Reduction Act provision sounds more like an antitrust allegation.
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April 03, 2025
State Enforcers Are Developing Their Local Antitrust Laws
State antitrust enforcers have increasingly struck out on their own in recent years, filing cases targeting both national and local issues in state courts in an effort to expand the reach of their local antitrust laws, a panel of state enforcers said Thursday.
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April 03, 2025
Samsung Gets Mobile Payment Patent Suit Tossed
A federal judge in Manhattan has tossed a six-year-old suit leveled against Samsung over patents covering "now-obsolete technology" once used by a mobile payment app, ruling that the payment card developer Dynamics already disavowed its latest claim construction argument at an earlier patent board proceeding.
Expert Analysis
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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How Crypto Firms Should Approach Patchwork Of State Laws
The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.
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McMahon SEC Settlement Warns Of Nondisclosure's Price
The U.S. Securities and Exchange Commission's recent financial nondisclosure settlement with former WWE CEO Vince McMahon illustrates the breadth of executives' reimbursement obligations under the Sarbanes-Oxley Act and highlights the importance of building robust internal corporate reporting processes, say attorneys at BCLP.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.