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August 29, 2024
Tesla, Elon Musk Beat Dogecoin Buyers' Fraud Suit, For Good
A New York federal judge on Thursday for the final time threw out a contentious lawsuit brought by Dogecoin investors accusing Elon Musk of manipulating the market so that he and Tesla could turn a profit on the meme-themed cryptocurrency.
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August 29, 2024
2nd Circ. Allows Google Advertisers To Wait To Appeal Loss
The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.
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August 29, 2024
Mars Wrigley Must Face False Ad Suit Over 'Real Cheese'
Snack maker Mars Wrigley could not escape claims it falsely advertised its Cheddar Cheese Combos as being made with "real cheese," after a New York federal judge ruled that consumers' adequately showed they paid a premium for inferior "cheese substitute."
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August 29, 2024
Judiciary Group Urged To Table 'Mega' Bankruptcy Panel Ban
A subcommittee urged the Judicial Conference's bankruptcy rule advisory committee to hold off on considering a ban on so-called mega bankruptcy panels at an upcoming meeting, saying a different committee's work overlaps with a rule proposed to curb the controversial practice.
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August 29, 2024
NLRB Rejects Amazon Challenges To Staten Island Union Win
The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.
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August 29, 2024
Nigerian Fintech Ex-CEO Hit With $32M Fine In SEC Fraud Suit
A New York federal judge has levied a nearly $32 million penalty against a Nigerian businessman whom the U.S. Securities and Exchange Commission has accused of fraudulently inflating the value of his food and agriculture technology businesses, while also ordering him and various affiliated businesses to cough up hundreds of millions of dollars in disgorgement and prejudgment interest.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Trucker Urges Justices To Back Wide RICO Scope In CBD Case
A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.
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August 29, 2024
Chicago Museum Clinging To Nazi-Looted Art, NY Court Told
A prosecutor in the Manhattan District Attorney's Office argued in court Thursday that the Art Institute of Chicago is ignoring the horrors of the Nazi regime as it "desperately" attempts to hold onto a Holocaust victim's stolen Egon Schiele drawing.
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August 29, 2024
Judge Trims Assault, Wage Claims Against Long Island Cafe
A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.
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August 29, 2024
GM Can't Shake Off Shuddering-Transmission Class
General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.
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August 29, 2024
Barstool Sports Settles 2 Federal Copyright Suits In NY
A photographer and videographer, who separately accused Barstool Sports of using their copyrighted material without permission, have settled and subsequently dropped their New York federal lawsuits against the media company.
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August 29, 2024
Feds Say Ex-BigLaw Atty Can't Shake OneCoin Conviction
Federal prosecutors have told the Second Circuit that former Locke Lord LLP partner Mark S. Scott has "greatly exaggerate[d]" the importance of testimony from a government witness, some of which was later shown to be perjury, in a bid to have his money laundering conviction reversed.
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August 28, 2024
Feds Say Multimillion-Dollar 'Surge' Scheme Bilked Uber Riders
New York federal prosecutors on Wednesday accused two men of leading a yearslong scheme that allowed hundreds of Uber drivers to use illicit apps, including some named Screwber and FakeGPS, to manipulate the rideshare market and gain millions of dollars from riders in fraudulent surge fees.
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August 28, 2024
SEC Says Repeat Offenders Ran Medical Co. Investment Scam
The U.S. Securities and Exchange Commission has reached a settlement with one of two men it accused of inflating the price of a healthcare company before an initial public offering with a shell company, saying he has violated a trading bar from the agency's previous suit against him.
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August 28, 2024
BofA Units Fined $3M Over Trade Surveillance Compliance
Two Bank of America units have agreed to pay $3 million to settle the Financial Industry Regulatory Authority's claims that they did not sufficiently safeguard against potentially manipulative trading by customers.
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August 28, 2024
J&J Spinoff Beats Suit Over Tylenol 'Rapid Release' Labels
A New York federal judge tossed Tuesday a proposed class action accusing a Johnson & Johnson spinoff of misleading consumers by falsely claiming Tylenol's "Rapid Release" gelcaps relieved pain faster than alternative acetaminophen pills, finding the consumer's state claims are preempted by federal regulations.
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August 28, 2024
Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
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August 28, 2024
2nd Circ. Affirms Ex-GE Engineer's Espionage Conviction
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
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August 28, 2024
'Big Baby' Scores Delayed Prison Date In Health Fraud Case
Former Boston Celtics forward Glen "Big Baby" Davis won approval from a Manhattan federal judge Wednesday to push back his prison surrender date on healthcare fraud charges so he can wrap up production of a documentary film.
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August 28, 2024
Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
Taliban And Iran Ordered To Pay $144.7B For 9/11 Attacks
A New York federal court issued judgments requiring the Taliban and the Iranian government to pay $144.7 billion to thousands of people who were directly injured or lost loved ones in the 9/11 terrorist attacks.
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August 28, 2024
The NFL-Approved PE Firms That Can Now Invest In Teams
The NFL made a landmark decision Tuesday to approve private equity ownership of teams, making it the last major North American sports league to bring PE dollars into the mix. It’s not a free-for-all, however; to start, the league selected specific funds that are now allowed to take non-controlling interests in teams. Here, Law360 looks at the approved investment players.
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August 28, 2024
NY Biz Group Rips FTC Suit Over $8.5B Luxury Handbags Deal
A New York City business group is urging Empire State Democratic lawmakers to oppose the Federal Trade Commission's "ideologically motivated litigation" to block an $8.5 billion deal that would bring together brands including Michael Kors, Kate Spade and Coach.
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August 28, 2024
Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit
A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.
Expert Analysis
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NY Ruling Paves A Court Payment Shortcut For More Creditors
A recent New York state appeals court ruling expands access to an expedited statutory procedure for court enforcement of promissory notes or unconditional guaranties, allowing more creditors to minimize the risk of potentially challenging litigation on threshold issues, says Alexander Levi at Friedman Kaplan.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.