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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 11, 2024
Sen. Menendez's Wife Gets Own Bribery Trial
A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.
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April 11, 2024
Akerman Adds Another Real Estate Litigator In NYC Office
Akerman LLP has hired a litigator who focuses his practice on a range of real estate matters and is joining the firm's New York City office as a partner, the firm announced Wednesday.
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April 11, 2024
Latham, Goodwin Lead Nursing-Care Co.'s Upsized $450M IPO
Nursing-care provider PACS Group Inc. will begin trading Thursday after it raised an upsized $450 million initial public offering within its price range late Wednesday, selling more shares than originally expected, represented by Latham & Watkins LLP and underwriters' counsel Goodwin Procter LLP.
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April 10, 2024
DOJ Hits Regeneron With False Claims Act Suit Over Eylea
The federal government has brought a False Claims Act intervenor complaint in Massachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursement for its drug Eylea, the U.S. Department of Justice announced Wednesday.
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April 10, 2024
BDO Fights SEC's 'Misdirected' Call For 2nd Circ. Rehearing
BDO USA LLP is urging the Second Circuit not to reconsider a decision that freed the firm from private litigation over AmTrust Financial Services Inc.'s financial restatements, saying the court should not heed "misdirected concerns" from the U.S. Securities and Exchange Commission about the ruling's supposed impact on shareholders' ability to sue public company auditors.
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April 10, 2024
DOJ's Apple Antitrust Suit Gets New Judge After Recusal
The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.
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April 10, 2024
Former SEC Small Business Office Chief Joins Mayer Brown
The former chief of the U.S. Securities and Exchange Commission's Office of Small Business Policy has joined Mayer Brown LLP as a partner in the firm's public companies and corporate governance practice, where she will counsel startups and established public companies on their obligations under federal securities laws and related corporate governance requirements.
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April 10, 2024
Ex-Art Institutes Execs Want Insurers To Avert $336M Suit
Former executives of a holding company that bought now-defunct for-profit colleges Argosy University, South University and The Art Institutes asked an Ohio federal court to force excess insurers to settle receivership claims before the pair are formally accused of leaving a $336 million debt in their wake.
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April 10, 2024
FTX Strikes Deal With Voyager Over $445M Claim
FTX Trading Ltd. has asked a Delaware bankruptcy court to approve a deal between it and crypto brokerage Voyager Digital Holdings to resolve its $445 million claim against Voyager and Voyager's $130 million claim against FTX.
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April 10, 2024
Emissions Rules' Foes May Be Forced To Yield To Automakers
Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.
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April 10, 2024
Dormant Commerce Applies To Cannabis, 2nd Circ. Told
A California lawyer whose companies have filed multiple lawsuits challenging state and local cannabis licensure programs has urged the Second Circuit to find that the dormant commerce clause of the U.S. Constitution applies to federally illegal marijuana.
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April 10, 2024
'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial
The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.
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April 10, 2024
Trump Fails Again To Halt NY Trial Over Claim Judge Is Biased
Donald Trump on Wednesday tried and failed for the third time in as many days to delay his upcoming hush-money trial, after arguing the judge should be removed for supposed bias and that the judge's rules were preventing him from defending himself.
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April 10, 2024
Former NYCBA President, Proskauer Partner Dies At 94
Robert M. Kaufman, a former New York City Bar Association president, longtime Proskauer Rose LLP partner and Holocaust survivor, died on Monday at the age of 94, according to the law school where he served on the Board of Trustees.
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April 10, 2024
Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated
A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.
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April 10, 2024
Feds Back Trial Delay For Sen. Menendez's Wife's Surgery
Prosecutors on Wednesday told the New York federal judge overseeing Sen. Robert Menendez's bribery case that they are in favor of postponing the May trial for a few months in light of a serious medical condition affecting Nadine Menendez, the senator's wife and co-defendant.
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April 10, 2024
Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say
A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.
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April 10, 2024
Blackwells Unveils Takeover Plans For Hospitality REIT
Blackwells Capital told Braemar Hotels & Resorts Inc. investors on Wednesday that its intention to take the reins of the real estate investment trust's board of directors is necessary to stop a manager from "milking" the company for all it's worth.
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April 10, 2024
Electrical Workers Union Sues LIRR Over Cannabis Firing
The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.
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April 10, 2024
Ex-Trump Finance Chief Weisselberg Jailed For Perjury
A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.
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April 10, 2024
Macy's, Activist Firm End Board Fight, Takeover Talks Proceed
Macy's and activist investment firm Arkhouse Management Co. said Wednesday they have settled their proxy dispute by appointing two independent directors to the retailer's board, paving the way for further negotiations regarding a prior $6.6 billion acquisition proposal submitted by Arkhouse and Brigade Capital Management LP.
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April 09, 2024
Men Agree To Pay $1M For Robocalls Targeting Black Voters
A pair of conservative conspiracy theorists have agreed to collectively pay $1 million to resolve litigation stemming from their robocall campaign that spread lies about voting by mail to Black voters ahead of the 2020 election, according to a consent decree filed Monday in New York federal court.
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April 09, 2024
Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale
The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.
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April 09, 2024
Six Firms Vie To Lead NY Community Bank Losses Suit
Six firms seek to represent a proposed class of investors in a consolidated proposed class action alleging New York Community Bank misled investors about its struggles following its 2022 acquisition of Flagstar Bank and its 2023 acquisition of certain Signature Bank assets.
Expert Analysis
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Are CCOs Really In The SEC's Crosshairs?
U.S. Securities and Exchange Commission Enforcement Director Gurbir Grewal recently gave a speech to address the concerns of chief compliance officers in light of recent enforcement actions taken against them, but CCOs need to understand when to push back against management, quit, or report issues to the board or to regulators, say Brian Rubin and Adam Pollet at Eversheds Sutherland.
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2nd Circ. Holding Could Disrupt SEC Disgorgement Methods
A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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Employer Takeaways From 2nd Circ. Equal Pay Ruling
The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Young Thug Case Spotlights Debate Over Lyric Admissibility
A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.
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A Bird's Eye View Of NYC's New Parapet Inspection Law
Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.