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Connecticut
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March 12, 2024
Retired Judge, 2 Trustees To Handle Conn. Clergy Abuse Claims
A Connecticut bankruptcy judge has appointed Salvatore C. Agati, a retired Connecticut Superior Court judge and current partner at Carmody Torrance Sandak & Hennessey LLP, one of the Constitution State's largest law firms, to review abuse claims against the bankrupt Norwich Roman Catholic Diocesan Corp. of eastern Connecticut.
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March 12, 2024
2nd Circ. Revives Parts Of McKesson Whistleblower Suit
The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.
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March 12, 2024
InBev's Modelo Tells 2nd Circ. Hard Seltzer Isn't Beer
Anheuser-Busch InBev SA's Grupo Modelo on Tuesday asked the Second Circuit to set aside a jury's finding that its trademarks weren't infringed by rival Constellation Brands when it sold hard seltzer under the Corona brand, saying badly instructed jurors were wrong in finding that it's beer, pursuant to a contract between the two companies.
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March 12, 2024
Pharmacy Calls $11M False Claims Case A 'House Of Cards'
A compounding pharmacy and its president trashed the Connecticut attorney general's $11 million false claims and kickback allegations against them as a "house of cards" that awarded "a sweetheart cooperation deal" to an alleged co-conspirator and improperly benefited private attorneys, calling instead for a judgment against the state.
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March 12, 2024
Businessman Hid $20M In Swiss Accounts, US Says
A Brazilian-American businessman hid $20 million from the Internal Revenue Service over 35 years using accounts at Swiss banks including UBS and Credit Suisse, the U.S. government said in a criminal complaint that accuses him of conspiring to defraud the U.S. and lying to authorities.
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March 12, 2024
Customers Drop PFAS Claims Against Conn. Water Co.
A trio of consumers who accused a Connecticut water company of overcharging them and providing water containing toxic "forever chemicals" withdrew their proposed class action from state court after the company argued it did not get to set its own price rates to begin with.
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March 11, 2024
Mexico Says High Court Long Shot Not Worth Halting Gun Suit
The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.
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March 11, 2024
More Women Accuse Conn. Fertility Doc Of Using Own Sperm
Two more former patients of a retired fertility doctor in Connecticut have filed accusations in state court that he secretly impregnated women with his own sperm, seeking to learn how many people knew about the formerly Yale-affiliated physician's conduct and how they managed to keep it hidden for decades.
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March 11, 2024
Firefighter Denied Promotion After Bender Loses Bias Suit
The Second Circuit won't revive a Black firefighter's suit alleging his race cost him a promotion, ruling Monday that he failed to overcome the department's argument that the job offer was yanked because he was found half-naked at a Dunkin' store following a night of drinking.
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March 11, 2024
Ethics Watchdog Eyes Conn. Atty Who Slapped Lawyer
A Connecticut lawyer who has faced previous disciplinary actions is expected to be scrutinized by an ethics panel after being convicted of slapping an attorney outside a Nutmeg State courthouse and other criminal infractions.
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March 11, 2024
Conn. Judge Pick Takes Heat As Other Nominees Advance
The Connecticut legislature's joint judiciary committee voted to issue favorable reports Monday on 21 of Gov. Ned Lamont's nominees for the state court bench, but several lawmakers raised concerns about one pick's reputation, with a Democratic leader saying that holding a vote on assistant state prosecutor Devant J. Joiner's nomination was "a real slap in the face" given questions about his temperament.
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March 11, 2024
Covington Holdout Drops SEC Cyberattack Appeal
The anonymous Covington & Burling LLP client who objected to a demand that they reveal themselves to the U.S. Securities and Exchange Commission as a victim of a 2020 hack on the law firm agreed on Monday to drop the appeal of the subpoena enforcement action.
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March 11, 2024
SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says
A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.
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March 11, 2024
US Chamber Backs Dismissal Of Citigroup 401(k) Suit
The U.S. Chamber of Commerce backed Citigroup's efforts to shut down a suit in which workers claimed mismanagement of their 401(k) plan, telling a Connecticut federal court that these types of suits cherry-pick data and should not stand in court.
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March 11, 2024
Pfizer Defeats French Group's Bid For Vax Docs At 2nd Circ.
The Second Circuit said Monday that Pfizer doesn't need to give a French nonprofit the communications between its CEO and the European Commission's president related to a COVID-19 vaccine development agreement, ruling the materials are irrelevant to a jurisdictional issue in the group's legal challenge to the pact in France.
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March 08, 2024
Aircraft Parts Co. AeroCision Begins Ch. 11 Liquidation
AeroCision, a troubled supplier of airplane components, has informed Delaware's bankruptcy court its Chapter 11 liquidation plan has gone into effect, distributing remaining assets of the business after it went on the auction block late last year.
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March 08, 2024
Kwok Judge Lets Gov't Keep $302M In Crypto For Restitution
A New York federal judge has denied a request to return more than $300 million in assets to holders of cryptocurrrency issued by bankrupt Chinese exile Ho Wan Kwok's Himalaya Exchange, finding that the federal government has a continued interest in the property it seized.
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March 08, 2024
New Headache For Binance As 2nd Circ. Revives Investor Suit
The Second Circuit on Friday revived a proposed investor class action against the embattled crypto exchange Binance Holdings Ltd. and its founder, disagreeing with a lower court that ruled the customers had not alleged their transactions were conducted in the U.S.
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March 08, 2024
Connecticut Judge Nominees Vow To Avoid 'Robe-itis'
A former Connecticut mayor, current and ex-partners at Halloran & Sage LLP, and the lieutenant governor's general counsel are among those who promised lawmakers Friday that they would not come down with "robe-itis" — a term used to describe an unprofessional temperament toward litigants and courthouse staff — if confirmed to the state bench, but each was encouraged to develop real systems of accountability.
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March 08, 2024
2nd Circ. Resurrects Bribery Case Against Former NY Lt. Gov.
The Second Circuit sided with federal prosecutors on Friday and reinstated bribery charges against former New York Lt. Gov. Brian Benjamin, finding in a published opinion that the indictment against him "sufficiently alleged an explicit quid pro quo."
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March 08, 2024
Yale Urges 2nd Circ. To Back Zero-Damages ERISA Jury Win
Yale University told the Second Circuit there's no need to scrap a jury verdict denying damages for a group of employees who claimed their $5.5 billion retirement plan was burdened with high recordkeeping fees, arguing that no error was made on jury instructions to warrant a redo.
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March 08, 2024
Taxation With Representation: Fried Frank, Latham
In this week's Taxation with Representation, Viavi acquires Spirent, Cadence Design Systems purchases Beta Cae Systems International, and United Rentals buys Yak.
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March 07, 2024
2nd Circ. Keeps Nurse's Win In 'Loser Pays' Arbitration Row
The Second Circuit said Thursday that a worker advanced "sufficiently serious" questions of whether a staffing company's arbitration provision requiring him to pay if he lost would impede on his rights, keeping a New York federal court's ruling.
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March 07, 2024
Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves
Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.
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March 07, 2024
Conn. AG Probing If NY Real Estate Co. Duped Homeowners
New York real estate company EasyKnock Inc. is under investigation for allegedly deceiving homeowners seeking home equity loans into entering sale-leaseback arrangements and then jacking up those families' rent once the transaction is complete, Connecticut Attorney General William Tong announced Thursday.
Expert Analysis
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Cases, Issues That May Shape The Intersection Of AI And IP
Courts dealing with the current, and likely growing, onslaught of intellectual property litigation concerning artificial intelligence will determine whether certain common forms of AI training constitute IP violations, while the government works to determine whether AI-generated output is itself protectable under the law, say Robert Hill and Kathryn Keating at Holland & Knight and Meghan Ryan at Southern Methodist University.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What To Know About Calif.'s Cybersecurity Draft Regulations
If adopted, California’s recently proposed privacy regulations would require businesses already subject to the California Consumer Privacy Act to conduct new, independent audits of their cybersecurity programs, which could have a sweeping effect on companies operating in the state, say attorneys at Ropes & Gray.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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State Privacy Laws: Not As Comprehensive As You May Think
As more U.S. states enact privacy laws, companies must be aware that these laws vary in scope and content, meaning organizations should take a stringent approach to compliance by considering notice, choice and data security obligations, among other requirements, says Liisa Thomas at Sheppard Mullin.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Avoid Telehealth Pitfalls In A Post-Pandemic Environment
As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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FCRA Legislation To Watch For The Remainder Of 2023
If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Conn. Regulators Are Coming For Unlawful Cannabis Sales
Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.