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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Amazon Prevails In University's Patent Suit Over Alexa
A New York federal judge has cleared Amazon in a case where a research university said its language processing patent was being infringed by the company's Alexa devices.
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March 19, 2024
EV Charging Biz Pitches $400K Ch. 11 Staff Retention Plan
Charge Enterprises Inc., a company that builds electric vehicle charging stations and other infrastructure, has urged a Delaware bankruptcy judge to let it offer about $400,000 in bonuses to keep a dozen employees the firm deemed critical during its Chapter 11 case.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Jackpocket App Co. Leaves 2nd Circ. Empty-Handed
A lottery startup called Jackpocket Inc. that DraftKings Inc. bought last month has failed to persuade the Second Circuit to disturb a ruling out of a New York federal court that rejected its trademark case against a newer U.K. rival that operates a website called Jackpot.com.
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March 19, 2024
Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit
Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.
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March 19, 2024
2nd Circ. Says 'Mandate Rule' Gives Judges Little Leeway
A district court judge must hold a new trial if there are instructions for one when a case is remanded, the Second Circuit said Tuesday in an order reviving an excessive force case, clarifying lower courts can defy such mandates only in "very limited" circumstances.
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March 19, 2024
Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data
A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.
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March 19, 2024
Nixed JetBlue-Spirit Deal Moots Antitrust Case, 1st Circ. Told
The abandonment of JetBlue Airways Corp. and Spirit Airways Inc.'s $3.8 billion merger following a successful U.S. Department of Justice legal challenge moots a separate antitrust suit by air travelers seeking to block the tie-up, the airlines have argued to the First Circuit.
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March 19, 2024
Warhol Foundation Will Pay $22K To End 'Orange Prince' Row
The Andy Warhol Foundation for the Visual Arts has agreed to pay photographer Lynn Goldsmith about $21,500 to settle a dispute that reached the U.S. Supreme Court last year, with the justices holding in a landmark ruling that Warhol's silkscreens of music icon Prince, based on a Goldsmith photo, were not fair use.
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March 19, 2024
IFF Selling Pharma Unit To French Co. Roquette In $2.85B Deal
IFF, a maker of ingredients and additives for food, health and home-based products, said Tuesday it has agreed to sell its Pharma Solutions business to French plant-based ingredient maker Roquette at an enterprise value of up to $2.85 billion.
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March 19, 2024
US Bank, Oppenheimer To Pay CFTC $7M In Text Probe Cases
U.S. Bank NA and Oppenheimer & Co. Inc. have agreed to pay a combined $7 million to settle allegations brought by the U.S. Commodity Futures Trading Commission over the failure to preserve business communications via personal text, the agency announced Tuesday.
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March 19, 2024
Bankman-Fried's Fraud Left FTX Users Reeling, Letters Say
Customers of Sam Bankman-Fried's fallen crypto exchange are struggling with financial insecurity, skimping on expenses including food and worrying about their assets, according to victim letters lodged ahead of the FTX founder's sentencing for what prosecutors call an $11 billion fraud.
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March 19, 2024
NY Cannabis Co. Says Regulators Retaliated For Criticism
A New York cannabis operator is suing the state's Office of Cannabis Management, saying regulators have unfairly targeted her business with a stop-work order in retaliation for public criticism of the OCM's failure to stop activities that go against its rules.
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March 18, 2024
NYC Mayor Accused Of Sexually Assaulting Former Colleague
A woman sued New York City Mayor Eric Adams on Monday under the state's Adult Survivors Act, alleging he demanded quid pro quo sexual favors and sexually assaulted her after she sought career advice from him in 1993.
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March 18, 2024
Trump Can't Use Quasi-Advice Of Counsel Defense In NY Trial
Donald Trump cannot use an informal "presence of counsel" defense in the Manhattan district attorney's hush money case against him, a New York judge ruled Monday, rejecting a strategy that would have allowed the former president to blame his ex-attorneys without having to divulge details about the purported legal advice.
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March 18, 2024
HSBC Securities Can't Exit Ex-Rep's Whistleblower Suit
A New York federal judge on Monday green-lit a whistleblower retaliation suit by a former HSBC Securities employee who claimed he was fired for reporting "rampant front-running" by HSBC traders, saying that while certain claims must be trimmed the suit plausibly alleges protected activity was a contributing factor to his termination.
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March 18, 2024
FTC Says 2 Fintechs Will Pay $59M To Settle PPP Loan Claims
Two fintech firms heavily involved in a key federal pandemic-era loan program for small businesses have agreed to pay a combined $59 million to settle Federal Trade Commission claims of bungled application processing that failed to deliver speedy relief funding as advertised, the FTC said Monday.
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March 18, 2024
Petrillo Klein Nabs NY Consumer Protection Chief As Partner
The former acting head of the Consumer Protection and Financial Enforcement Division of the New York State Department of Financial Services has joined Petrillo Klein & Boxer LLP, where he will focus on white-collar defense of both individuals and institutions.
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March 18, 2024
2nd Circ. Rejects 'New Standard' Of Patent Monopolies
A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent and Trademark Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Genesis Gets OK For $21M Deal To End SEC Crypto Loan Suit
A New York federal judge on Monday approved a $21 million settlement to resolve allegations that bankrupt crypto lender Genesis Global Capital LLC violated the U.S. Securities and Exchange Commission's regulations by selling unregistered securities in a joint partnership with crypto exchange Gemini Trust Co.
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March 18, 2024
Justices Tilt Toward NRA In Free Speech Row With Regulator
A cautious U.S. Supreme Court seemed poised Monday to rule in favor of the National Rifle Association in a case over allegations that a former New York state official pressured financial institutions to cut ties to the National Rifle Association in violation of its free speech rights.
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March 18, 2024
Genesis Defends Crypto Payments At Ch. 11 Plan Hearing
Cryptocurrency lender Genesis Global Holdco Monday told a New York bankruptcy judge its proposal to distribute cryptocurrency to its customers is both fair and legal as the hearing on its Chapter 11 liquidation plan wound down.
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March 18, 2024
Bayer Beats False-Ad Suit Over 'Honey Lemon Zest' Cold Med
A New York federal judge on Monday tossed without leave to amend a proposed class action accusing Bayer Healthcare LLC of falsely claiming that its Alka-Seltzer Plus brand over-the-counter severe cold medication contains honey and lemon, saying the product's packaging reflects flavoring and not actual ingredients.
Expert Analysis
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Do Website Accessibility Suits Violate Hobbs Act, RICO?
As more website accessibility lawsuits are filed on behalf of people with visual impairments, attorneys' settlement demands may be extortionate under the Hobbs Act, and may also constitute an act of racketeering, giving rise to civil causes of action, say Nika Aldrich and Amanda Kohls at Schwabe Williamson.
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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Calif. Law Tests Noncompete Prohibitions' Potential Reach
California’s newly enacted law, which voids employee restrictive covenants, whether signed in or out of the state, has the potential to upend typical agreement negotiations, and highlights ongoing questions concerning how California's worker protections fare in other jurisdictions, says Sarah Tishler at Beck Reed.
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Mass. Ruling Shows Value Of Additional Insured Specifics
A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Enforcement Of International Tax Reporting Is Heating Up
Since the U.S. Supreme Court’s February decision in Bittner v. U.S. changed how penalties for failure to report offshore accounts are calculated, recent developments suggest the government is preparing to step up enforcement and vigorously pursue the collection of resulting penalties, say Daniel Silva and Agustin Ceballos at Buchalter.
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Understanding Wage Theft Penalties Under New NY Statute
Under a recently enacted New York statute, wage theft is considered a form of larceny under the state's penal law, and prosecutors can seek even stronger penalties against violators — so all employers are well advised to pay close and careful attention to compliance with their wage payment obligations, say Paxton Moore and Robert Whitman at Seyfarth.
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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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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Tornado Cash Saga Presents Thorny Issues For Fintechs
A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.
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Takeaways From Recent Corporate Cooperation Rulings
Recent decisions from New York and New Jersey federal courts in U.S. v. Coburn and U.S. v. Tournant suggest that a company’s consistent communication and cooperation with prosecutors does not render it a government actor, but also highlight certain internal investigation pitfalls for corporations to avoid, say attorneys at Sidley.
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2 Cases May Expand CFPB's Reach On Deceptive Practices
In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.
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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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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.