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April 12, 2024
The Week In Trump: Catch Up On The Ex-President's Cases
Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.
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April 12, 2024
Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL
In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.
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April 12, 2024
Ex-Amazon Engineer Gets 3 Years For $12M Crypto Hacks
The former technical lead of Amazon's "bug bounty" program was sentenced in Manhattan federal court Friday to three years in prison for using his specialized computer engineering skills to steal more than $12 million from two decentralized cryptocurrency exchanges.
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April 12, 2024
HomeStreet Hit With Shareholders Suit Over FirstSun Merger
Banking company HomeStreet Inc. has been hit with a proposed class action alleging that it failed to disclose details about the sale process of its merger with FirstSun Capital Bancorp., saying that the company entered into the agreement with "little to no consideration" to any of its shareholders.
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April 12, 2024
Santos Says Feds Withheld Key Evidence For Over A Year
Former U.S. Rep. George Santos accused New York federal prosecutors of withholding evidence that he said undermined their fraud and campaign finance charges against him.
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April 12, 2024
Moses & Singer Hires New Private Clients Chair, Trusts Expert
Moses & Singer LLP has hired a new chairman of its private clients group, who joins the firm after spending over a decade navigating trusts and estates matters with Kudman Trachten Aloe Posner LLP.
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April 12, 2024
High Court Keeps Arbitration Exemption's Focus On Workers
The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.
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April 12, 2024
Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box
As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."
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April 11, 2024
FTC Curtails Treatment Provider's Sharing Of Health Data
The Federal Trade Commission took its latest step Thursday to crack down on the mishandling of sensitive health information, announcing a settlement that requires a New York-based alcohol addiction treatment service to obtain affirmative consent before sharing this data with third parties and bars the company from disclosing this information for advertising purposes.
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April 11, 2024
Crypto Trader Hit With Judgment In SEC's $4.3M Fraud Case
A cryptocurrency trader has consented to a judgment to end a U.S. Securities and Exchange Commission suit accusing him of duping investors out of $4.3 million by falsely claiming the money would be invested in digital assets that could be obtained at a discount.
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April 11, 2024
State Rules Can't 'Obliterate' Federal Rights, Justices Told
The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.
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April 11, 2024
Jewish Attys Sue Union Over Dues After Pro-Palestine Stance
A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.
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April 11, 2024
Visa Beats Some Merchant Claims In Antitrust MDL
A New York federal judge has trimmed claims lodged by Home Depot and other merchants against Visa and several banks in sprawling multidistrict antitrust litigation dating back to 2005 over network rules forcing merchants to accept the companies' cards.
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April 11, 2024
2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge
The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.
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April 11, 2024
Arax Buys US Capital Wealth In Latest Asset Manager Merger
Wealth management platform Arax Investment Partners, advised by Fried Frank Harris Shriver & Jacobson LLP, announced on Thursday that its assets under management will grow to $16 billion following its acquisition of independent wealth management firm U.S. Capital Wealth Advisors, in a deal marking the latest in a string of mergers between asset managers.
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April 11, 2024
Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes
The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.
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April 11, 2024
Syracuse Diocese Told Its Ch. 11 Plan Needs More Work
A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.
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April 11, 2024
Proskauer Adds Kirkland Partner For Tax, Estate Issues
Proskauer Rose LLP has added to its private client services department a partner from Kirkland & Ellis LLP who specializes in developing domestic and international tax and estate plans for clients with very high net worth, the firm announced.
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April 11, 2024
FTX Brass, Investors Can't Move Bankruptcy Suit To MDL
The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.
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April 11, 2024
Calif., NY And SD Judicial Nominees Advance To Full Senate
Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.
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April 11, 2024
OJ Simpson's Jury Was Sequestered. Why Not Trump's?
Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
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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.
Expert Analysis
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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3 AI Regulation Developments Insurers Must Follow
Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.
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New York Cybersecurity Amendments Raise Regulatory Bar
Financial service providers both in and outside New York should study recent changes to the state financial regulator's cybersecurity requirements, which add governance controls, technical safeguards and incident response protocols to improve what is already becoming the national benchmark for robust cybersecurity compliance programs, say attorneys at Baker McKenzie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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5 Steps To Meet CFTC Remediation Expectations
After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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What SEC Retreat In Ripple Case Means For Crypto Regulation
The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.
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Why Employers Should Refrain From 'Quiet Firing'
While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.
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What's At Stake In Bystolic 'Side Deals' Litigation
In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.
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Seized Art Ownership Row Highlights Importance Of Vetting
The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.