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April 09, 2024
FIFA Settles Claims Over Foreign League Match Ban
FIFA will consider changing its rule prohibiting soccer matches outside a league's home territories, after settling antitrust claims brought against it by a sports promotion company that challenged the policy in court, a document filed in Manhattan federal court recently showed.
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April 09, 2024
Boies Schiller Attys Face Sanctions Bid Over Epstein Suit
Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.
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April 09, 2024
Sen. Menendez's Wife Says Surgery Should Delay Bribery Trial
The wife of U.S. Sen. Robert Menendez said Tuesday that a "serious medical condition" requiring surgery should delay her trial on bribery charges, a case a New York federal judge has firmly set for May 6.
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April 09, 2024
Akin Lands Paul Hastings Atty As Restructuring Partner In NY
Akin Gump Strauss Hauer & Feld LLP has hired a Paul Hastings LLP of counsel as a financial restructuring partner in New York, its third Big Apple recruit from that firm in less than a month, the firm announced Tuesday.
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April 09, 2024
Ex-Legal Tech Exec Says Co. Sued Just To Preempt Her Suit
A former business executive at a Texas law firm and legal technology company called on a Texas federal court Monday to toss her former employer's lawsuit against her, claiming the company and its founders attempted to preempt her New York lawsuit alleging sexual harassment and unlawful termination.
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April 09, 2024
Ashley Biden Diary Stealer Gets Prison For 'Despicable' Conduct
A Manhattan federal judge on Tuesday sentenced a Florida woman to a month in prison for stealing the diary of President Joe Biden's daughter and selling it to Project Veritas, imposing sentence after a lengthy and unusual series of adjournments.
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April 09, 2024
Blue Owl Targets Real Estate Finance After $170M Prima Buy
Asset manager Blue Owl Capital Inc. on Tuesday unveiled plans to launch a real estate finance strategy following its $170 million purchase of real estate lender Prima Capital Advisors in a deal crafted by three firms, marking the firm's second acquisition in two weeks meant to broaden its service offerings.
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April 09, 2024
16 States Seek To Defend EPA Particulate Matter Rule
A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.
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April 09, 2024
Trump Loses 2nd Appellate Bid To Pause NY Criminal Trial
A New York state appellate judge refused Tuesday to delay Donald Trump's upcoming criminal hush-money trial while the former president challenges a gag order, just one day after a different appeals judge declined to halt the trial due to supposed jury pool bias.
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April 09, 2024
Venezuelan Oil Co. Gets $2B Bond Fraud Suit Nixed In NY
A New York federal judge has nixed VR Capital's lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of some $2 billion in since-defaulted bonds, ruling that the asset manager couldn't prove that PDVSA had never intended to repay the bonds.
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
BitMEX Co-Founder Can't Escape Investors' Manipulation Suit
A case against a co-founder of cryptocurrency trading platform BitMEX will move forward after a Manhattan federal judge found investors showed the executive was "central" to an alleged manipulation scheme that benefited the firm at the expense of its customers.
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April 08, 2024
Canadian Atty Settles SEC's Penny Stock Claims For $335K
The U.S. Securities and Exchange Commission has inked a $335,000 settlement with a Canadian lawyer to end claims that he enabled a penny stock fraud scheme by working with a California trader as an unregistered broker, court filings on Monday show.
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April 08, 2024
NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict
The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.
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April 08, 2024
Fiat Chrysler Beats Faulty Rearview Camera Class Action
A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.
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April 08, 2024
Ex-Venezuelan General Gets Prison Time For Helping Leftists
A former Venezuelan general was sentenced to more than 21 years in federal prison Monday in New York federal court after previously pleading guilty to providing firearms and support in order to help the Revolutionary Armed Forces of Colombia ship cocaine to the U.S.
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April 08, 2024
Texas School District Not Immune In Arbitration Row
A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.
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April 08, 2024
Consumers Fight Amazon's E-Book Appeal Ask
Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.
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April 08, 2024
2nd Circ. OKs Turnover Order In HNA $185M Award Feud
The Second Circuit on Monday affirmed an order forcing a subsidiary of Chinese conglomerate HNA Group to turn over its most valuable North American asset to an SL Green Realty Corp. affiliate owed about $185 million, following a dispute stemming from the affiliate's $148 million investment in a Manhattan skyscraper.
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April 08, 2024
NY Bar Assoc. Building Owner's Ch. 11 Dispute Gets Mediator
A New Jersey bankruptcy judge on Monday ordered mediation for two Chapter 11 cases tied to the owner of the historic New York County Lawyers Association Building in Manhattan, naming longtime bankruptcy lawyer Albert Togut to referee the process.
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April 08, 2024
Goldman Investors Closer To Class Cert. In 1MDB Bribery Suit
A proposed class of Goldman Sachs investors alleging losses from the 1MDB bond bribery scandal is one step closer to clinching class certification, with a magistrate judge recommending that a New York federal court grant partial approval to their request.
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April 08, 2024
Catching Up With Delaware's Chancery Court
Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.
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April 08, 2024
NYSBA Warns Of Risks To Confidentiality Posed By AI
Attorneys must ensure the use of artificial intelligence does not compromise the attorney-client privilege, advised a report from the New York State Bar Association on Monday, with additional recommendations provided for lawyers interested in exploring the burgeoning technology.
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April 09, 2024
CORRECTED: Ex-SDNY Clerk, Atty Get Prison For Referral Scheme
A former court clerk in the Southern District of New York was sentenced to two years in prison Monday and a disbarred defense attorney was hit with a year-long term for an alleged cash-for-referrals scheme.
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April 08, 2024
Travelers Nabs Early Win In AIG Unit's Injury Coverage Row
Travelers has no duty to defend or indemnify a construction company and a New York University hospital in an underlying construction injury suit, a New York federal judge ruled, finding that the underlying complaint doesn't suggest that the Travelers-covered subcontractor was primarily responsible for the underlying injuries.
Expert Analysis
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Why Courts Are Nixing Insurer Defense Recoupment Claims
Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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SDNY Ruling Warns Parties To Heed Amended Disclosure Rule
A Manhattan federal court’s recent ruling in U.S. v. Mrabet forewarns both prosecutors and defense counsel that amended expert witness disclosure obligations will be rigorously enforced by judges, and gives some insight into how courts may deal with related constitutional challenges, say John Siffert and Brandon Davis at Lankler Siffert.
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Navigating Issues Around NY Freelancer Pay Protection Bill
New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.
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How The NY AG Leads Investigations In Civil Securities Fraud
Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Insurance Considerations For Cos. Assessing New AI Risks
Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.