New York

  • October 01, 2024

    Merrill Lynch To Pay $2M FINRA Fine Over Trade Report Flaws

    Merrill Lynch Pierce Fenner & Smith Inc. has agreed to pay the Financial Industry Regulatory Authority $2 million to settle allegations of trade-reporting compliance shortcomings, including its alleged failure to properly trace millions of relevant retail customer transactions for over a decade.

  • October 01, 2024

    CFTC Fines Barclays, 3 Others Over Swap Rule Violations

    Barclays Bank PLC on Tuesday agreed to pay the Commodity Futures Trading Commission $4 million for swap reporting violations, and three other swaps market participants copped to reporting and safeguards violations and agreed to pay more than $2 million combined in settlements that drew criticism from one commissioner.

  • October 01, 2024

    Lyft Beats NY Wheelchair Access, Disability Bias Class Action

    A New York federal judge on Monday threw out a long-running class action alleging that Lyft fails to offer adequate wheelchair-accessible vehicle options for riders in the vast majority of its service regions, finding that the plaintiffs' proposed modifications for increasing accessibility aren't reasonable.

  • October 01, 2024

    Peloton Beats Investor Suit Over COVID-19 Sales For Good

    Peloton has won the permanent dismissal of a shareholder suit accusing it of intentionally misleading investors to believe that its COVID-19 spike in demand was sustainable, with a New York federal judge saying the investors have not "articulated sufficient factual allegations to carry their assertions beyond the speculative level."

  • October 01, 2024

    Attys Contest $1M Wrongful Conviction Referral Fee

    A Michigan attorney has accused a well-known wrongful conviction lawyer of withholding nearly $1 million in fees she says she's owed for referring a client who went on to win an $8.5 million settlement for his imprisonment, though the client says the attorney didn't actually help him find the firm that ended up representing him.

  • October 01, 2024

    Texas Atty To File 120 Cases Over Alleged Diddy Assaults

    Personal injury attorney Tony Buzbee plans to file civil lawsuits against Sean "Diddy" Combs on behalf of 120 plaintiffs across the country who say they were sexually assaulted by the rapper, the Texas lawyer announced Tuesday.

  • October 01, 2024

    Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now

    A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.

  • October 01, 2024

    CFPB, NY Pan Subprime Auto Lender's 'Attempt To Distract'

    The Consumer Financial Protection Bureau and the state of New York have fired back at subprime auto lender Credit Acceptance Corp.'s bid to exit its predatory lending lawsuit in New York federal court, slamming its move as a Wizard of Oz-like effort to escape scrutiny "behind the curtain."

  • October 01, 2024

    Ex-NBA Star's Big Paydays Not Relevant In Hoops Fraud Trial

    Dwight Howard's NBA contracts exceeding $240 million over his 18-year playing career are irrelevant to charges that an Atlanta businessman defrauded the ex-basketball superstar out of $7 million, a Manhattan federal judge held Tuesday.

  • October 01, 2024

    Amgen Must Face Suit It Misled Investors On $10.7B Tax Bill

    Amgen lost an attempt to escape a potential class action claiming the pharmaceutical giant hid a $10.7 billion tax bill from investors after a New York federal court ruled there was sufficient evidence for the action to proceed.

  • October 01, 2024

    EBay Beats Gov't Claims Over Sale Of Polluting Products

    A New York federal judge Monday tossed a government lawsuit accusing eBay Inc. of hawking illegal automotive, paint removal and pesticide products, holding that the e-commerce giant does not meet the definition of a "seller" and has Section 230 immunity as a publisher of third-party content.

  • October 01, 2024

    Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

    Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

  • October 01, 2024

    Judge Backs Ban On Protests Targeting Guo Ch. 11 Trustee

    A Connecticut federal judge has affirmed a ban on certain protests aimed at the Chapter 11 trustee overseeing the bankruptcy estate of Chinese dissident Miles Guo, also known as Ho Wan Kwok, after the trustee faced death threats because of his investigation and a failed $250 million settlement.

  • October 01, 2024

    FanDuel Sued For $250M By Convicted Ex-Jaguars Employee

    A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling sued FanDuel for $250 million in New York federal court Tuesday, accusing the betting platform of preying on his addiction to encourage him to continue.

  • October 01, 2024

    Baker Botts Adds NY Litigator From Walden Macht

    Baker Botts LLP has expanded litigation services in its New York office with this week's addition of an attorney specializing in white collar defense, who moved his practice after 3½ years with Walden Macht Haran & Williams LLP.

  • October 01, 2024

    Jake Paul Must Face Suit Over Boxing Bribery Claims

    Influencer-turned-boxing star Jake Paul will face a defamation suit stemming from his bribery accusations against a rival fight promoter after a New York federal judge rejected arguments from Paul that the dispute should not be litigated in the Empire State.

  • October 01, 2024

    NYC Mayor Elevates Attorneys Amid Corruption Charges

    New York City Mayor Eric Adams nominated a longtime public servant as his next corporation counsel and promoted a former WilmerHale attorney to City Hall chief counsel as the embattled Democrat faces federal corruption charges.

  • October 01, 2024

    Paul Weiss Adds Former Apollo GC As NY Corporate Partner

    A former partner and general counsel for the credit arm of Apollo Global Management is now a partner in Paul Weiss Rifkind Wharton & Garrison LLP's corporate department, the firm said Tuesday.

  • October 01, 2024

    Paul Weiss Guides OceanSound To $1.5B Sophomore Fund

    Growth-oriented private equity firm OceanSound Partners, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced it clinched its second fund with $1.49 billion of investor commitments, which will be used to invest in middle-market technology companies.

  • October 01, 2024

    Febreze Jingle IP Claim Doesn't Pass 2nd Circ. Smell Test

    The Second Circuit on Tuesday rejected an appeal from a New York composer who claims Procter & Gamble's advertisement jingle for Febreze ripped off five notes from a song he wrote in the 1980s, saying those notes by themselves are not protectable under copyright law.

  • October 01, 2024

    PepsiCo Buying Siete In $1.2B Deal Steered By 3 Law Firms

    PepsiCo said Tuesday it has agreed to buy Mexican-American food purveyor Siete Foods for $1.2 billion, with Gibson Dunn & Crutcher LLP steering the deal on PepsiCo's behalf and Weil Gotshal & Manges LLP and Armbrust & Brown PLLC advising Siete.

  • October 01, 2024

    When The Client Is The Mayor, The Usual Rules Don't Apply

    Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

  • October 01, 2024

    Latham Helps TJC Clinch 2nd Continuation Fund At $2.1B

    Latham & Watkins LLP-advised middle-market private equity firm TJC LP on Tuesday announced that it clinched its second continuation fund with $2.1 billion of investor commitments led by Carlyle subsidiary AlpInvest.

  • October 01, 2024

    Adams Says Feds Sought To 'Tarnish' Him With Leaks

    New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

  • October 01, 2024

    NYC Bar Urges Congress To Place Ethics Rules On High Court

    The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.

Expert Analysis

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Tylenol MDL Highlights Expert Admissibility Headaches

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    A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • The Secret Sauce For Trademarking Viral Food Products

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    Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.

  • Chanel TM Ruling Shows Resellers Must Tread Carefully

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    The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Court Clerk Error Is No Excuse For A Missed Deadline

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    Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • Banks Have Won Syndicated Loan Battle, But Not The War

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    Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.

  • Potential Unintended Consequences Of NY Sovereign Debt Bill

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    New York lawmakers recently proposed a law to create a framework for restructuring sovereign debt, but there are concerns that the bill will increase financing costs and that it attempts to solve problems that have largely been dealt with by collective action clauses, say Jeffrey Rothleder and Tara Peramatukorn at Squire Patton.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Exploring A New Era Of IP Law Amid The Rise Of Generative AI

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    Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.

  • McKesson May Change How AKS-Based FCA Claims Are Pled

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    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

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