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June 04, 2024
SDNY Shakes Up Its Leadership After 2 Departures
On the heels of former Southern District of New York Deputy U.S. Attorney Andrea Griswold's transition to the partner ranks of Skadden Arps Slate Meagher & Flom LLP, U.S. Attorney for SDNY Damian Williams on Monday announced two newly appointed attorneys to replace her and the office's departed executive assistant U.S. attorney.
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June 04, 2024
Manning Kass Adds 11 Insurance Attys From Morrison Mahoney
Manning & Kass Ellrod Ramirez Trester LLP has expanded its New York roster with a team of 11 attorneys and six paralegals from Morrison Mahoney LLP, saying Tuesday that the hires will bolster its work in insurance fraud and affirmative litigation.
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June 04, 2024
Ex-Lumentum VP Traded On Merger Info, SEC Says
The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.
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June 04, 2024
Archegos Jury Note Demands Info After Atty's COVID Absence
A juror hearing the government's $36 billion market manipulation case against Archegos founder Bill Hwang took the unusual step Tuesday of asking if there was "something we are not being told" after COVID-19 sidelined a lawyer and prompted others to don masks.
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June 04, 2024
Tech-Focused Firm Raises $460M Across 2 New Funds
Technology-focused investment firm and holding company WndrCo on Tuesday announced that it secured more than $460 million in new capital across two funds, a seed and a venture fund.
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June 04, 2024
SDNY Taps Nonprofit To Run Clinic For Pro Se Litigants
The City Bar Justice Center announced Tuesday that it has been enlisted to take over the Southern District of New York's 8-year-old legal assistance clinic's services for self-represented litigants, as many low-income Americans face the civil legal system alone.
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June 03, 2024
ChampionX Investor Sues Over $7.8B Deal Proxy
A shareholder of energy technology provider ChampionX Corp. has sued the company and its board of directors in an attempt to enjoin a proposed acquisition by another energy-focused technology company, SLB, alleging that ChampionX filed a deficient proxy statement.
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June 03, 2024
Vietnamese EV Co. Hit With Investor Suit Over SPAC Merger
Vietnamese electric car manufacturer VinFast Auto and several executives have been hit with a proposed class action alleging they exaggerated the strength of VinFast's business model and prospects following a merger with a special-purpose acquisition company last year.
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June 03, 2024
Ex-Official Says Menendez Sparked Fear Of Ag Industry 'Harm'
A former U.S. Department of Agriculture official conceded under cross-examination Monday that a phone call he received from U.S. Sen. Robert Menendez about an acquaintance's certification business for meat exported to Egypt was like dozens he received from lawmakers advocating for their constituents, but he said it still left him worried for the industry.
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June 03, 2024
NY 'No-Fault' Insurance Fraudster Gets 10 Years
A federal judge on Monday sentenced the ringleader of an insurance fraud scheme to the maximum term of 10 years in prison for what prosecutors say was a bribery-fueled, 14-year, $60 million scam that exploited New York's no-fault laws.
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June 03, 2024
Epoch Times CFO Charged With $67M Laundering Scheme
The chief financial officer of the Epoch Times was charged with orchestrating a scheme to launder about $67 million of illicit proceeds to benefit himself and the newspaper, according to an indictment unsealed in New York federal court Monday.
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June 03, 2024
Corcoran Settles Nonprofit's Housing Voucher Bias Suit
A housing rights nonprofit has agreed to drop its housing voucher bias claims against real estate company Corcoran Group, which was accused in New York state court of discriminating against prospective tenants who use federal Housing Choice vouchers.
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June 03, 2024
Trump's NY Gag Orders Likely Lifted With Verdict
Despite claims by former President Donald Trump that he is still limited in what he can say about jurors and witnesses following his guilty verdict, the gag orders imposed on him likely evaporated at the end of the Manhattan trial, lifting a threat of further contempt if he goes on the attack ahead of his sentencing this summer.
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June 03, 2024
Santos Can't Toss Identity Theft Claims, Feds Tell Court
Federal prosecutors told the Eastern District of New York that their claims of identity theft against former U.S. Rep. George Santos are specific enough to proceed to trial in September, saying they've provided the necessary transactional documents and the government isn't obligated to preview more trial evidence.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 03, 2024
Archegos Bets Moved Stock Prices Like A 'Magnet,' Jury Told
An economist on Monday told the Manhattan federal jury hearing charges that Archegos founder Bill Hwang perpetrated a $36 billion market distortion that his big-dollar market moves at the fallen hedge fund pulled share prices like a "magnet."
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June 03, 2024
2nd Circ. Reverses Polish Woman's Removal For Drug Offense
The Second Circuit revived a Polish immigrant's bid to cancel her deportation from the U.S., saying her drug conviction under New Jersey state law for distributing cocaine didn't qualify as an aggravated felony under a comparable federal law.
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June 03, 2024
Real Estate Co., Nationwide Settle CFO Theft Dispute
A New York federal judge agreed to dismiss a coverage dispute between a property management company and Nationwide Mutual Insurance Co. over nearly $1 million that the company's former chief financial officer was accused of stealing, following the parties' notice that they reached an agreement.
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June 03, 2024
Jane Street Blasts Trading Firm's Defense In Trade Secret Row
Trading firm Jane Street Group LLC has urged a Manhattan federal judge to toss the counterclaims and affirmative defenses of two ex-employees and Millennium Management LLC in a trade secret suit, saying each is either "redundant" or has "little to no alleged facts to support" it.
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June 03, 2024
Skadden Adds Ex-SDNY Deputy US Attorney As Partner
Skadden Arps Slate Meagher & Flom LLP is adding a former top federal prosecutor who recently worked on cases against FTX founder Sam Bankman-Fried and Archegos Capital Management founder Bill Hwang as a partner in New York, the firm announced Monday.
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June 03, 2024
Cozen O'Connor Hires Sidley Securities Litigator In NY
Cozen O'Connor has hired a longtime Sidley Austin LLP associate who joins the firm's New York City office to continue his practice focused on a range of securities matters, the firm announced Monday.
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June 03, 2024
Sullivan, Simpson Guide Ackman's Pershing On $1B Sale
Billionaire investor Bill Ackman's Pershing Square Capital Management announced Monday it sold a 10% common equity stake in the business to a consortium of institutional investors and family offices for $1.05 billion, giving the hedge fund a $10.5 billion value.
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June 03, 2024
Davis Polk Atty Is Kramer Levin's Latest Restructuring Hire
A former Davis Polk & Wardwell LLP counsel is bringing his expertise in restructuring and liability management to Kramer Levin Naftalis & Frankel LLP's special situations practice.
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June 03, 2024
Supreme Court Ruling Keeps Amazon Race Bias Suit Alive
Amazon Music can't sink a Black former worker's suit alleging her responsibilities were reduced and she was placed on a performance improvement plan for complaining about her manager, a New York federal judge said, ruling her claims are viable based on a recent U.S. Supreme Court decision.
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June 03, 2024
Justices To Hear Mob Case Over 'Violent' Crimes Of Inaction
The U.S. Supreme Court on Monday agreed to hear the case of an alleged associate of New York's Genovese crime family in which the reputed mobster, and the government, argued that the justices should resolve a circuit split over whether crimes of violence can be committed through inaction.
Expert Analysis
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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.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.