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New York
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April 12, 2024
Creditors To Depose Giuliani In Ch. 11 Quest For Assets
Rudy Giuliani will be deposed by his Chapter 11 creditors beginning on Monday, according to a filing in a New York bankruptcy court.
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April 12, 2024
Ex-Exec Says MLB Underpaid Retirement Benefits By $5.9M
A former Major League Baseball executive told a New York federal court he's owed $5.9 million in retirement benefits based on the league's erroneous calculation that excluded substantial bonuses he received during his decades-long tenure.
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April 12, 2024
NY Court System Launches Panel To Study AI Risks, Rewards
New York's state court system has announced a new statewide advisory panel to study how the potential implementation of artificial intelligence could improve justice in the Empire State, as well as ways to avoid ethical risks posed by the new technology.
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April 12, 2024
Freshfields Continues Litigation Growth With NY Partner Hire
Freshfields Bruckhaus Deringer LLP has announced that an experienced litigation attorney who has worked on high-profile matters including the FIFA corruption case joined the firm's New York office as a partner.
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April 12, 2024
Trump Media Attys Flag Co-Founders' Del. Suit Expansion
Attorneys for Trump Media & Technology Group and its insiders have objected to what they say is an attempt by two co-founders to secure fast-tracking of an expanded but still-sealed Chancery Court lawsuit initially focused on share-dilution claims against company insiders.
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April 12, 2024
Credit Suisse, Lloyds, Others Ink $3.5M Libor Deal
Plaintiffs in the yearslong suit alleging various big banks manipulated the London Interbank Offered Rate, or Libor, have reached a $3.45 million settlement with Credit Suisse AG, Lloyds Bank and others, bringing the total settlement recovery amount to more than $780 million.
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April 12, 2024
The Week In Trump: Catch Up On The Ex-President's Cases
Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.
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April 12, 2024
Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL
In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.
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April 12, 2024
Ex-Amazon Engineer Gets 3 Years For $12M Crypto Hacks
The former technical lead of Amazon's "bug bounty" program was sentenced in Manhattan federal court Friday to three years in prison for using his specialized computer engineering skills to steal more than $12 million from two decentralized cryptocurrency exchanges.
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April 12, 2024
HomeStreet Hit With Shareholders Suit Over FirstSun Merger
Banking company HomeStreet Inc. has been hit with a proposed class action alleging that it failed to disclose details about the sale process of its merger with FirstSun Capital Bancorp., saying that the company entered into the agreement with "little to no consideration" to any of its shareholders.
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April 12, 2024
Santos Says Feds Withheld Key Evidence For Over A Year
Former U.S. Rep. George Santos accused New York federal prosecutors of withholding evidence that he said undermined their fraud and campaign finance charges against him.
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April 12, 2024
Moses & Singer Hires New Private Clients Chair, Trusts Expert
Moses & Singer LLP has hired a new chairman of its private clients group, who joins the firm after spending over a decade navigating trusts and estates matters with Kudman Trachten Aloe Posner LLP.
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April 12, 2024
High Court Keeps Arbitration Exemption's Focus On Workers
The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.
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April 12, 2024
Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box
As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."
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April 11, 2024
FTC Curtails Treatment Provider's Sharing Of Health Data
The Federal Trade Commission took its latest step Thursday to crack down on the mishandling of sensitive health information, announcing a settlement that requires a New York-based alcohol addiction treatment service to obtain affirmative consent before sharing this data with third parties and bars the company from disclosing this information for advertising purposes.
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April 11, 2024
Crypto Trader Hit With Judgment In SEC's $4.3M Fraud Case
A cryptocurrency trader has consented to a judgment to end a U.S. Securities and Exchange Commission suit accusing him of duping investors out of $4.3 million by falsely claiming the money would be invested in digital assets that could be obtained at a discount.
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April 11, 2024
State Rules Can't 'Obliterate' Federal Rights, Justices Told
The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.
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April 11, 2024
Jewish Attys Sue Union Over Dues After Pro-Palestine Stance
A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.
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April 11, 2024
Visa Beats Some Merchant Claims In Antitrust MDL
A New York federal judge has trimmed claims lodged by Home Depot and other merchants against Visa and several banks in sprawling multidistrict antitrust litigation dating back to 2005 over network rules forcing merchants to accept the companies' cards.
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April 11, 2024
2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge
The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.
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April 11, 2024
Arax Buys US Capital Wealth In Latest Asset Manager Merger
Wealth management platform Arax Investment Partners, advised by Fried Frank Harris Shriver & Jacobson LLP, announced on Thursday that its assets under management will grow to $16 billion following its acquisition of independent wealth management firm U.S. Capital Wealth Advisors, in a deal marking the latest in a string of mergers between asset managers.
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April 11, 2024
Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes
The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.
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April 11, 2024
Syracuse Diocese Told Its Ch. 11 Plan Needs More Work
A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.
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April 11, 2024
Proskauer Adds Kirkland Partner For Tax, Estate Issues
Proskauer Rose LLP has added to its private client services department a partner from Kirkland & Ellis LLP who specializes in developing domestic and international tax and estate plans for clients with very high net worth, the firm announced.
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April 11, 2024
FTX Brass, Investors Can't Move Bankruptcy Suit To MDL
The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.
Expert Analysis
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Opinion
NY Gubernatorial Absence Provision Is Obsolete And Harmful
An outdated provision in the New York Constitution means that the governor loses power whenever they leave the state, creating legal uncertainty and undermining confidence in the rule of law — but fortunately, the solution is straightforward, say Liam Turner and John Rogan at Fordham Law School.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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How Advance Notice Bylaws Are Faring In Del. Courts
Recent decisions make it clear that the Delaware Chancery Court is carefully reviewing public companies' amended advance notice bylaws in order to balance the competing interests of boards and shareholders, and will likely strike down bylaws that improperly interfere with stockholder franchises, say attorneys at Olshan Frome.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Opinion
NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.