2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits

By Dan McKay

A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.

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NY Jets Can't Force Fired Executive's Suit To Arbitration

By Patrick Hoff

The New York Jets can't force a former finance executive to arbitrate her lawsuit alleging she was fired because her husband accused the team president of sexual harassment, a New Jersey state court ruled, saying her "convoluted" nondisclosure agreement doesn't unequivocally require handling retaliation claims out of court.

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Judge Stumped By 'Moving Target' Claims By Combs Accuser

By Carla Baranauckas

A federal judge appeared frustrated on Monday as he warned a woman who is suing incarcerated music producer Sean "Diddy" Combs over an alleged sexual assault in 1990 that the court "cannot take cognizance" of new claims introduced outside the formal complaint, stressing that the case's merits can be judged only on what's pled.

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Judge Mulls Blocking Trump's Conditions For Disaster Grants

By Celeste Bott

An Illinois federal judge considering whether to block the Trump administration from imposing certain conditions on recipients of federal emergency funds probed counsel for local governments suing over them about the scope of the relief they are seeking and questioned if the federal government's terms go beyond what Congress intended in funding the grants.

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Ex-Boxer's Cocaine Trial Off After Jury Tampering Arrests

By Pete Brush

A Brooklyn federal judge on Monday dismissed a jury that had been set to hear the government's $1 billion cocaine trafficking case against a former heavyweight boxer, after three Staten Island men were arrested for allegedly trying to bribe a juror.

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AGs Seek To Freeze EPA Solar Grant Funds During Challenge

By Abigail Harrison

A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.

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Clothier Loft Tied Up In Latest Wash. Spam Email Suit

By Ben Adlin

Women's apparel brand Loft is facing a proposed class action in Seattle federal court accusing the company of misleading Washington shoppers through false or misleading subject lines on marketing emails, adding to a string of suits filed in recent months under the state's Commercial Electronic Mail Act.

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Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case

By Aaron Keller

With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.

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Fired Atty Says Debevoise Can't Force Arbitration Of ADA Suit

By Emily Sawicki

An attorney who accused Debevoise & Plimpton LLP of unlawfully refusing to rehire him because he took protected medical leave has urged a New York federal court not to dismiss his suit or send it before an arbitrator, arguing an arbitration provision in an earlier settlement does not apply to new claims.

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Brief

NY Beer Distributor To Pay $1M In Drivers' OT Suit

By Irene Spezzamonte

A New York-based beer distributor has agreed to pay $1 million to more than 1,675 drivers and helpers who claimed they were not properly paid overtime under state law, the workers told a federal court, asking it to greenlight the deal.

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Atty Lowell Gets Delay In EBay Trial Amid NY AG Case Work

By Julie Manganis

A Massachusetts federal judge on Monday agreed to postpone the trial in a cyberstalking lawsuit against eBay and several former executives at the request of defense attorney Abbe David Lowell, who had cited his ongoing work for several high-profile clients, including New York Attorney General Letitia James in the Trump administration's criminal prosecution.

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Russia-Tied Payments Co. Escapes Investor Suit For Good

By Emilie Ruscoe

Payments company Qiwi PLC no longer faces investor claims it hid its noncompliance with Russian financial regulation and hurt investors when the company disclosed that a Russian central bank audit had led to a fine and certain payments restrictions.

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Wachtell, Paul Weiss Guide Gibraltar's $1.3B OmniMax Buy

By Al Barbarino

Gibraltar Industries said Monday it has agreed to acquire OmniMax International from Strategic Value Partners for $1.335 billion in cash, with Wachtell Lipton Rosen & Katz advising Gibraltar and Paul Weiss Rifkind Wharton & Garrison LLP advising OmniMax and SVP.

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3 Firms Advising On CD&R's $10.3B Bubble Wrap Maker Buy

By Al Barbarino

Private equity firm CD&R has agreed to purchase Sealed Air Corp., a provider of packaging solutions including Bubble Wrap and Cryovac, at an enterprise value of $10.3 billion in a deal steered by three law firms, Sealed Air said in a Monday announcement.

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DOJ Defends HPE Merger Deal As 'Prudent Compromise'

By Bryan Koenig

The Justice Department told a California federal judge to pay no heed to the "politicians and advocacy groups" opposing the controversial settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, arguing their concerns about improper lobbying influence are outside the scope of the court's review.

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Justices Pass On Avianca's Ch. 11 Lease Obligation Appeal

By Clara Geoghegan

The U.S. Supreme Court on Monday declined to take up Latin America airline Avianca's challenge to the Second Circuit's decision that aircraft lease broker fees that became due during its Chapter 11 were administrative expense claims, not general unsecured claims.

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Citi Investors Can't Have New Shot At Suit Over $400M Fine

By Jon Hill

A New York federal judge has declined to revive a proposed securities fraud class action that accused Citigroup of concealing risk-management failures that led to a $400 million fine, ruling that investors' revamped complaint remains too thin to sustain the case.

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BNP Asks Judge To Overturn $21M Sudan Refugee Verdict

By Katryna Perera

BNP Paribas has asked a New York federal judge to reverse a recent $21 million bellwether verdict won by three Sudanese refugees who claim that the French bank contributed to longtime dictator Omar al-Bashir's atrocities, arguing that the jury's verdict and damages awards are inconsistent with Swiss law, which governs the suit.

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NY Senator Pitches Bill To Regulate, Tax Hemp Beverages

By Sam Reisman

A New York state senator has prefiled a bill to regulate the sale of intoxicating hemp cannabinoid beverages while levying a 10% tax on them.

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Judge Pauses $3B Bond Enforcement Amid Citgo Auction

By Caroline Simson

A New York federal judge has paused enforcement of nearly $3 billion in defaulted Venezuelan-issued bonds until a winning bidder for the country's most important seizable asset — the parent company of the oil giant Citgo — is chosen in parallel proceedings in Delaware.

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Shell Asks NY Court To Approve Challenge Of LNG Arbitration

By Joyce Hanson

Oil and gas giant Shell is urging a New York state court to vacate an international arbitration award issued to a liquefied natural gas firm, saying the arbitral hearing revealed that the American producer and exporter withheld key documents in the parties' fight over LNG cargo shipments.

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Judge Tests DOJ Claim That TPS Decisions Can't Be Reviewed

By Britain Eakin

A New York federal judge Monday grilled a government attorney over the Trump administration's termination of temporary protected status for Syrians, pressing him on the outer limits of judicial review of such decisions.

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Comey Case Highlights Complex Speedy Trial Rights Calculus

Former FBI Director James Comey’s decision to waive his Speedy Trial Act rights in the false statement prosecution against him serves as a reminder that the benefits of invoking these rights are usually outweighed by the risks of inadequate preparation, but it can be an effective strategy in the right case, says Sara Kropf at Kropf Moseley.

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Where Crypto Mixing Enforcement Is Headed From Here

Recent developments involving crypto mixers, particularly the Tornado Cash verdict, demonstrate that the Justice Department's shift away from regulation by prosecution does not mean total immunity, rather reflecting an approach that prioritizes both innovation and accountability, says David Tarras at Tarras Defense.

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E-Discovery Quarterly: Recent Rulings On Dynamic Databases

Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

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Analysis

UK Firms Drive Transatlantic Appetite For M&A Dealmaking

By Aebra Coe and Chris Villani

The merger announced Monday between British legal giant Ashurst LLP and American law firm Perkins Coie LLP is the latest in a spate of deals driven, in part, by an appetite among global firms to gain a strong presence in the U.S.

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'Astounding' Holland & Knight Conduct Drives Liability Ruling

By Ryan Boysen

Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American tribal corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."

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Brief

ABA Decries Lawmaker Calls For Impeachments Of Judges

By Courtney Bublé

The American Bar Association said on Monday it's "alarmed" by lawmakers' interest in impeaching judges just because they don't like their rulings.

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Judge Orders Grand Jury Docs Released In Comey Case

By Brandon Lowrey

A Virginia federal magistrate judge Monday ordered the disclosure of all grand jury materials related to the indictment of former FBI Director James Comey, saying government misconduct may have tainted the grand jury proceedings.

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DOJ Backs White House's Military Lawyer Transfers

By Courtney Bublé

A newly released legal opinion from the U.S. Department of Justice says the Trump administration is allowed to detail military lawyers to serve as immigration judges and special assistant U.S. attorneys in the District of Columbia.

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Senator Slams Trump For 'Blowing Up' Wis. US Atty Process

By Courtney Bublé

Sen. Tammy Baldwin, D-Wis., accused President Donald Trump on Monday of skirting the process to nominate U.S. attorneys in Wisconsin with his pick of a failed Wisconsin Supreme Court candidate for the office that covers Milwaukee.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.

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Law School Admission Council Pushes To Toss Antitrust Suit

By Andrea Keckley

The Law School Admission Council is continuing its push to toss a proposed class action accusing it of fixing application fees with its member schools, saying in a Pennsylvania federal court filing last week that the applicant's opposition to its dismissal motion "entirely fails to engage with the incoherence at the core of his case."

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Holyoak Leaves FTC For Interim US Atty In Utah

By Bryan Koenig

Melissa Holyoak left the Federal Trade Commission on Monday to become Utah's interim U.S. attorney, leaving the FTC down to two commissioners, both Republicans, in the Trump administration's latest use of interim U.S. attorney appointments.

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