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May 14, 2024
NY Court System Immune To Spanish-Speaker's Bias Case
The New York Unified Court System can't be sued in federal court by a Spanish speaker whose limited English language skills allegedly barred him from a program that could have reduced a drug offense's severity, the New York federal court has ruled.
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May 14, 2024
O'Melveny Atty Joins Goodwin Private Investment Funds Team
Goodwin Procter LLP announced Tuesday that a former O'Melveny & Myers LLP attorney specializing in the asset management sector is joining its private investment funds practice in New York.
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May 14, 2024
Online Education Biz To Go Public Via $135M SPAC Merger
Education technology company and online class provider Classover, led by RPCK Rastegar Panchal LLP, on Tuesday unveiled plans to go public via a merger with special purpose acquisition company Battery Future Acquisition Corp., advised by Graubard Miller and Nelson LLP, in a deal with an estimated value of $135 million.
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May 14, 2024
Coverage Recap: Day 13 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Tuesday, day 13 of the trial.
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May 14, 2024
Insurer Files Another Suit Over Firm's Malpractice Coverage
After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.
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May 13, 2024
'This Is America,' Not A Copyright Case, 2nd Circ. Says
Second Circuit judges shut down an appeal from a Miami rapper who says the 2018 hit Childish Gambino song "This Is America" bit off the flow from his 2016 record "Made In America," agreeing with a New York federal judge that the less successful rapper never protected the composition of his older song with a copyright.
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May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie
The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
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May 13, 2024
Handbag Cos. Denied More Market Info In FTC Merger Suit
A New York federal judge refused Monday to force the Federal Trade Commission to give Tapestry and Capri more details on the market allegedly threatened by their planned $8.5 billion merger, finding the parent companies of Coach and Michael Kors have the information they need.
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
Chancery Orders Check Of Trump-Tied SPAC Sponsor Deal
Delaware's Court of Chancery refused Monday to impose a settlement on investors behind the sponsor of the company that took former President Donald Trump's Truth Social media company public after they filed and later abandoned a suit to remove the special-purpose acquisition company's managing member.
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May 13, 2024
Eletson Creditors Seek Over $1M Cut In Reed Smith Fees
Unsecured creditors of shipping company Eletson Holdings have asked a New York bankruptcy judge to cut more than $1 million from the fees being sought by Eletson counsel Reed Smith LLP, saying the firm overstaffed the case and wasted money on needless and meritless fights.
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May 13, 2024
Starbucks Sues La. Coffee Co. Over 'Nearly Identical' Logo
Starbucks Corp. has accused a Louisiana-based coffee company in New York federal court of infringing its logo trademark with a "nearly identical" logo.
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May 13, 2024
ABC Says Trump Already Lost False Rape Claims In NY
ABC News has told a Florida federal court that former President Donald Trump's defamation lawsuit over statements made regarding writer E. Jean Carroll's two lawsuits against him is just an attempt to relitigate claims he has already lost in New York.
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May 13, 2024
2nd Circ. Affirms Dismissal Of Bystolic Antitrust Suit
The Second Circuit issued its first decision under the high court's Actavis "pay for delay" ruling on Monday, affirming the dismissal of a case alleging that an AbbVie predecessor delayed competition for its hypertension treatment Bystolic through deals with several generic makers.
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May 13, 2024
New FCC Rules Preempt NY Broadband Price Cap, Prof Says
A Second Circuit ruling that revived New York's low-price broadband law in April should be reversed because the Federal Communications Commission's recent decision not to regulate rates for internet services preempts the Empire State's price cap, a law professor said Friday.
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May 13, 2024
IBM Won't Get Jury Trial In $1.5B Chip Contract Fight
IBM can't present its claims that a microchip maker swindled it into entering into semiconductor contracts and never followed through to a jury, after a New York state court ruled that those contractual agreements contain enforceable waivers of jury trial rights.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Schumer Urges FTC To Block Hess-Chevron Deal, Jabs Trump
U.S. Senate Majority Leader Chuck Schumer said he was "sounding the alarm" against Chevron Corp.'s planned $53 billion acquisition of Hess Corp. in a post on social media platform X, urging the Federal Trade Commission to halt the deal while criticizing former President Donald Trump for a reported meeting with oil executives.
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May 13, 2024
2nd Circ. Won't Revive UBS Suit Over Disclosed Account Info
The Second Circuit declined Monday to revive a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service, finding that any alleged harm resulting from an audit would have been caused by the agency itself.
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May 13, 2024
Ex-Police Chief Gets 3 Months For Alexion Insider Trading
The former police chief of a town in Massachusetts was sentenced Monday to three months in prison after pleading guilty to trading on confidential information about a pending Alexion Pharmaceuticals merger that he said was provided by a "lifelong friend."
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May 13, 2024
Specialty Insurer, Hotpot Restaurateur Heat Up IPO Plans
Private equity-backed insurer Bowhead Specialty Holdings Inc. and Singaporean hotpot restaurant operator Super Hi International Holdings Ltd. on Monday set price ranges on initial public offerings expected to raise a combined $157 million over the next week or so, guided by four law firms.
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May 13, 2024
Cleary Adds In-House Vet To Private Funds Practice In NY
Cleary Gottlieb Steen & Hamilton LLP announced Monday that it added an experienced attorney as a counsel in its New York office who has worked in a variety of executive roles at different hedge funds.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
Ga. Election Workers Ask Court To Stop Giuliani's Lies
Two Georgia poll workers have asked a New York federal bankruptcy judge to bar Rudy Giuliani from continuing to repeat the same "malicious" false claims that led a jury to award them $148 million last year because of the former New York City mayor's lies that the pair committed ballot fraud during the 2020 presidential election.
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May 13, 2024
Paul Weiss Adds Former Kirkland M&A Atty As Partner
Paul Weiss Rifkind Wharton & Garrison LLP said Monday that the firm has hired a former Kirkland & Ellis LLP mergers and acquisitions partner as a partner in its own M&A practice in New York.
Expert Analysis
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New SDNY Whistleblower Program May Be A Game-Changer
A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Directors And Officers Face Unique AI-Related Risks
As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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The Questions Around Prometheum's SEC-Compliant Strategy
While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.
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NY, Del. May Be Trending Against Noncompete Enforceability
While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.
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The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.
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NY Guidelines Bring Clarity To Prepackaged Chapter 11 Cases
The Southern District of New York’s recently adopted guidelines provide bankruptcy practitioners guidance on practical matters pertaining to prepacks, and facilitate the use of prepacks as a tool that can greatly reduce the time, expense and risks of a Chapter 11 case, say Robert Drain and Moshe Jacob at Skadden.
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NY Discovery Stay Ruling Empowers Securities Defendants
A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.