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September 10, 2024
Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle
The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.
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September 10, 2024
IRS Extends Tax Deadlines For NY, Conn. Storm Victims
Victims of severe storms and flooding in New York and Connecticut will have more time to file some tax returns and make estimated payments, the Internal Revenue Service announced Tuesday.
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September 10, 2024
Womble Bond Dickinson To Merge With Lewis Roca
Womble Bond Dickinson said Tuesday that its U.S. business is merging with regional law firm Lewis Roca Rothgerber Christie LLP at the start of the new year, the third law firm merger to be announced in the last week.
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September 09, 2024
White Stripes Sue Trump For Using Hit 'Seven Nation Army'
Disbanded rock duo White Stripes on Monday sued former President Donald Trump in New York federal court for using the iconic introductory riff of its Grammy-winning song "Seven Nation Army" on a social media clip without permission, and despite its members publicly denouncing the hit's use during Trump's 2016 presidential run.
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September 09, 2024
Cybersecurity Co. Founders To Pay $1.6M In SEC Fraud Suit
The co-founders of a now-bankrupt cybersecurity firm have agreed to pay nearly $1.6 million to end the U.S. Securities and Exchange Commission's claims that they used doctored financial records to convince investors to fund their company to the tune of $100 million.
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September 09, 2024
Coinbase Notches Some Wins In SEC Discovery Battle
A New York federal judge has granted, and tailored, the "substantial part" of the crypto exchange Coinbase's remaining discovery requests from the U.S. Securities and Exchange Commission after the firm abandoned its bid to review personal communications from the agency chair, Gary Gensler.
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September 09, 2024
Lindt Can't Escape Suit Over Heavy Metals In Dark Chocolate
Candymaker Lindt & Sprüngli can't escape claims that its dark chocolate contained dangerous levels of lead and cadmium, a Brooklyn federal judge has ruled, saying the consumers' claims that they paid a premium for allegedly defective products counts as an injury.
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September 09, 2024
NY Courts' Limits On Ethics Data Broke Law, Watchdog Says
In a rebuke to the New York state court system, an official transparency watchdog has said current restrictions on public access to judges' financial disclosures violate the state's Freedom of Information Law.
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September 09, 2024
Siemens To Build $60M Bullet Train Production Facility In NY
Siemens Mobility will build a $60 million bullet train production facility in Horseheads, New York, that is set to start operating in 2026, according to an official announcement Monday.
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September 09, 2024
Handbag Market Probed As FTC's $8.5B Merger Hearing Starts
A New York federal judge heard dueling narratives about the existence of an "accessible luxury" handbag market Monday, as the Federal Trade Commission seeks to halt a proposed $8.5 billion merger between the owners of Michael Kors and Coach.
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September 09, 2024
Court Won't Nix Flyers' Case Over JetBlue-American Pact
A New York federal court has refused to toss a proposed class action from airline passengers who allegedly overpaid for flights while an agreement was in place between JetBlue and American Airlines, an alliance the airlines dropped after a successful government challenge.
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September 09, 2024
Ex-NYC School Official Gets 2 Years For Bribery Scheme
A former official in New York City's education system was sentenced in federal court Monday to two years in prison, while three others accused of conspiring with him also got prison time, after being convicted of taking bribes to help the co-defendants sell substandard foods to city schools.
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September 09, 2024
Think Tank Leader Re-Arrested On Foreign Agent Charges
An Israeli-American professor who was indicted on charges of working as an unregistered agent for the Chinese government and international arms trafficking has been arrested again after he fled the authorities last year in Cyprus, the U.S. government told a federal judge in Manhattan on Monday.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Fried Frank Finance Leader Joins Skadden In New York
The head of the global finance practice at Fried Frank Harris Shriver & Jacobson LLP, an attorney with a history of working on multibillion-dollar transactions, is joining Skadden Arps Slate Meagher & Flom LLP, Skadden announced Monday.
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September 09, 2024
Kramer Levin Beats NJ Malpractice Suit From RE Developer
Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.
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September 09, 2024
2nd Circ. Upholds Regeneron's Win In Remote Work Suit
The Second Circuit rejected a former Regeneron Pharmaceuticals Inc. employee's appeal seeking to revive claims it illegally denied her a remote work situation to care for her daughter while she underwent medical care, ruling Monday that there was no evidence the company had willfully broken the law.
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September 09, 2024
Squarespace Gets 'Best And Final' $7.2B Offer From Permira
Squarespace Inc. said Monday that it has agreed to amend a previous take-private buyout agreement with Permira, bumping up the aggregate transaction value by $300 million to approximately $7.2 billion.
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September 06, 2024
Covington Owes $100M For Malpractice, Ex-Client Claims
A blockchain entrepreneur and attorney is seeking at least $100 million from Covington, claiming in a legal malpractice suit filed Friday in New York state court that he could have avoided years of fighting a federal extortion case if firm partners hadn't advised against handing prosecutors "clearly exculpatory evidence."
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September 06, 2024
ICE Is Failing Language Service Obligations, Report Says
U.S. Immigration and Customs Enforcement has routinely violated internal standards for providing detainees with language services, leaving detainees unable to communicate severe medical conditions and being deported for missing simple filing requirements, according to a report from Yeshiva University's Benjamin N. Cardozo School of Law.
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September 06, 2024
Real Estate Recap: Pol Funding, Investor Angst, Climate Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.
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September 06, 2024
Takeaways From Fair Use Rejection Of Free E-Book Library
The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.
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September 06, 2024
Advocates Seek Info On How Migrant Children's Ages Are Decided
Two immigration advocacy organizations sued the U.S. Department of Homeland Security in New York federal court for information on whether it is using a "discredited" method to assess the age of unaccompanied migrant children when making custody determinations.
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September 06, 2024
Crypto Project Finds Shkreli's Wu-Tang Claims 'Dubious'
The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Friday urged a federal judge to ensure Shkreli "fully" complies with an order directing him to surrender all copies of the album after the project found his recent submission lacking.
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September 06, 2024
2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit
The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Will Texas Stock Exchange Provide Regulatory Haven?
While the newly proposed Texas Stock Exchange may represent a market reaction to increasingly complex regulations, those looking to list on a national securities exchange should consider that their choice of an exchange may not relieve them of some of the most burdensome public company requirements, say Elizabeth McNichol and Ryan Lilley at Katten.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Keys To Strong Parking, Storage Contracts For NYC Buildings
Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.
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Best Text Practices In Light Of Terraform's $4.5B Fraud Deal
Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.