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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
DC Circ. Backs FERC Climate Reviews In Pipeline Project Row
The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.
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June 14, 2024
Guo's Crypto Venture Raised 'Red Flags,' Investigator Says
A compliance investigator at cryptocurrency wallet provider BitGo testified in Manhattan federal court Friday that he identified multiple "financial crime red flags" in the digital asset exchange promoted by Chinese dissident Miles Guo.
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June 14, 2024
Defense Atty Group Backs Law Firm In Guo Trustee Clawback
The New York Council of Defense Lawyers has slammed a Chapter 11 trustee's attempt to claw back legal fees from an Empire State law firm that represented three nondebtor entities associated with bankrupt Chinese exile Miles Guo, saying it "burdens the Sixth Amendment" right to counsel.
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June 14, 2024
Polsinelli Adds Ex-Withers Real Estate Atty In NY
Polsinelli PC has hired a commercial real estate attorney from Withers as a shareholder in New York.
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June 14, 2024
Whole Foods Uses Tiny Label Font To Hide Costs, Suit Says
Whole Foods has been accused of hiding deposit fees and other costs with a barely perceptible font size on its labels, according to a proposed class action removed to Brooklyn federal court Friday.
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June 14, 2024
Goetz Fitzpatrick To Merge With Platzer Swergold Next Year
Goetz Fitzpatrick LLP and Platzer Swergold Goldberg Katz & Jaslow LLP will combine forces next year to create a single New York City firm.
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June 14, 2024
No Retroactive Fix For US Trustee Fee Dispute, Justices Say
The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.
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June 13, 2024
Visa, Mastercard Fee Deal Not 'Likely' To Get Court Approval
A New York federal judge said at a hearing Thursday that she will "likely not approve" Mastercard and Visa's proposed settlement in long-running litigation over merchant transaction fees, according to the case docket.
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June 13, 2024
Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call
A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.
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June 13, 2024
Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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June 13, 2024
Canadian Businessman Cops To Stealing Tesla Trade Secrets
A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.
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June 13, 2024
Judge Orders $2.9M Chinese Dissident's Fund Share Sale
A Connecticut bankruptcy judge approved a request by the Chapter 11 trustee overseeing exiled Chinese billionaire Miles Guo's case to liquidate $2.9 million in investment fund shares held by Lamp Capital LLC, a shell company whose assets the judge already determined belonged to Guo's estate.
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June 13, 2024
House Hearing On NY Trump Prosecutors Flirts With Chaos
The House Judiciary Committee spiraled Thursday morning after Rep. Matt Gaetz demanded a vote to subpoena Manhattan District Attorney Alvin Bragg, who charged former President Donald Trump with 34 felonies, of which he has been convicted, and the Republican chair of the committee had to call for a recess.
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June 13, 2024
2nd Circ. Case Over NY Broadband Law Could Wrap Up
An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.
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June 13, 2024
Judge Will Tap Arbitrator To Explain $87M Shipping Award
A New York federal judge will let an arbitrator who found that Levona Holdings Ltd. owed Eletson Holdings Inc. almost $87 million in damages clarify the order, saying it was sufficiently ambiguous to require elaboration and rejecting Levona's request that the arbitrator not be given that chance.
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June 13, 2024
Thomas Targets Group Standing In Mifepristone Ruling
U.S. Supreme Court Justice Clarence Thomas joined his colleagues Thursday to unanimously uphold broad access to the abortion medication mifepristone for now, but he wrote separately to challenge a standing rule that often serves as the key to the courthouse doors for litigants of all varieties.
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June 13, 2024
NYC Sued Over Policy Targeting Unlicensed Pot Stores
More than two dozen New York City retailers have launched a proposed federal class action against the city alleging that enforcement of a new policy targeting stores for selling cannabis without a license has resulted in the unconstitutional closing of hundreds of businesses.
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June 13, 2024
Judge OKs RBS, Lloyds Bank and Others' $1.9M Libor Deal
A New York federal judge has granted preliminary approval to a $1.9 million deal between lender plaintiffs and several large banks, including the Royal Banks of Scotland, Lloyds, and others, over their alleged role in manipulating the London Interbank Offered Rate.
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June 13, 2024
Rakoff Says Criminal Justice Act Attys Should Work Weekends
Indigent defendants requiring free criminal legal advice should have access to conflict-free counsel even over the weekends, U.S. District Judge Jed S. Rakoff in Manhattan said in a blistering Thursday opinion, citing a suboptimal sequence of events in a high-profile drug case.
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June 13, 2024
Pryor Cashman Aided Developer Fraud, Owes $5.7M, Cos. Say
New York-based law firm Pryor Cashman LLP has been hit with a $5.7 million lawsuit in state court accusing it of aiding and abetting fraud while representing a real estate developer by allegedly providing false information to another party in a transaction involving a Manhattan property.
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June 13, 2024
IBM Resets Antitrust Review Clock For $6.4B HashiCorp Buy
IBM has refiled the notice of its proposed $6.4 billion purchase of HashiCorp to the U.S. Department of Justice and the Federal Trade Commission, resetting the 30-day review clock for enforcers to review the deal, according to a HashiCorp proxy statement filed Thursday.
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June 13, 2024
Manatt Picks Up Crypto Co. DCG's Legal Head As New Partner
The former top lawyer for Digital Currency Group has departed the cryptocurrency company to join professional services firm Manatt as a financial services partner based in New York, focusing on blockchain, emerging companies and venture capital, the firm announced Thursday.
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June 13, 2024
NYSBA's First Woman President Remembered As A Trailblazer
The New York State Bar Association is remembering its first female president, Maryann Saccomando Freedman, as a trailblazer of the Empire State's legal world in a statement from the bar confirming her death on Wednesday at 89.
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June 13, 2024
Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'
The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.
Expert Analysis
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.