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October 29, 2025
Insurer Says Co.'s 'Improper Underwriting' Cost It Over $10M
An insurer for auto dealerships accused its insurance program administrator of repeatedly refusing to undergo a full audit of the administrator's records and underwriting practices, telling a New York federal court that, in an independent auditor's limited review of files, "findings of improper underwriting were staggering."
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October 29, 2025
Wells Fargo Agrees To Trim $481M Loan Suit Against JPMorgan
Wells Fargo, JPMorgan Chase & Co., New York City developer Meyer Chetrit and other parties submitted a proposed agreement that will get rid of most of Wells Fargo's nine-count suit accusing JPMorgan and the others in New York federal court of being liable for a $481 million mortgage loan deal that caused "tens of millions of dollars in losses."
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October 29, 2025
Spirit Airlines Gets Final OK For $1.23B Ch. 11 Financing
A New York bankruptcy judge gave final approval to Spirit Airlines' $1.23 billion Chapter 11 financing package, which includes $475 million of new money and a rollup of prepetition debt.
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October 29, 2025
Full 9th Circ. To Rehear Portland National Guard Challenge
The full Ninth Circuit court will reconsider last week's panel ruling that was poised to allow the Trump administration to federalize and deploy National Guard troops to Portland, Oregon, according to an order issued Tuesday by Chief U.S. Circuit Judge Mary Helen Murguia.
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October 29, 2025
Ex-Morgan Stanley Workers Say DOL Pay Plan Opinion Flawed
U.S. Department of Labor guidance that said a Morgan Stanley deferred compensation plan wasn't protected by federal benefits law ignored court rulings and gives the banking giant an unfair advantage in arbitration proceedings, a trio of ex-employees said in New York federal court.
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October 28, 2025
US Trustee Objects To Azul Ch. 11 Plan Releases
The U.S. Trustee's Office is asking a New York bankruptcy judge to reject Brazilian airline Azul's Chapter 11 plan disclosure, saying it contains inadequate information on a plan rendered unconfirmable by its third-party releases.
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October 28, 2025
OpenAI Can't Strike Authors' Pirated Book Download Claims
OpenAI cannot shave copyright infringement claims alleging it downloaded books from illegal online sources out of litigation brought by some of the biggest names in literature and journalism, a Manhattan federal judge ruled, rejecting the artificial intelligence company's argument that the allegation violated a court order barring new claims.
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October 28, 2025
Jewish Heirs Sue Met Over Nazi-Looted Van Gogh Painting
A Jewish couple's estate sued the Metropolitan Museum of Art, a Greek art foundation and others in New York federal court Monday, demanding they return a Vincent van Gogh oil painting that the couple was forced to leave in Germany when they fled to California ahead of World War II.
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October 28, 2025
Perceptive Asks Chancery To Block Kindbody Ex-CEO's NY Suit
Attorneys for senior lenders to nationwide fertility clinic chain Kindbody Inc. told a Delaware vice chancellor Tuesday that amendments to a former CEO's suit against the company's controlling lenders and directors in New York triggered a right to pull the dispute into Delaware's Court of Chancery.
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October 28, 2025
Adidas Says Email Gaffe Should Revive Thom Browne TM Suit
Adidas told the Second Circuit on Tuesday that four emails that were never turned over by counsel for fashion brand Thom Browne call for the ordering of a new trial because the emails show senior executives discussing "the very issues at the heart of the trial."
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October 28, 2025
Salvage Co. Gets OK To Subpoena Banks In $67M Case
Heavy lifting and transport company Mammoet Salvage BV won approval on Tuesday from a New York federal judge to subpoena several banks as it seeks information on assets belonging to Iraqi state-owned Basra Oil Co., part of its efforts to enforce an arbitral award now worth some $67 million.
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October 28, 2025
Ex-FBI Informant Loses Appeal Over $12M Short-Swing Profits
The Second Circuit on Tuesday ordered a former FBI informant to return $12.3 million in profits he made off of short-swing trading in a pair of publicly traded companies, with the court ruling that he was tardy in his attempts to try to get the amount reduced.
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October 28, 2025
NY Court Overturns Burglary Guilty Plea Over Intent Question
A man sentenced to two years in prison after violating a protective order had his convictions overturned Tuesday after a New York appeals court determined that things he said when pleading guilty to attempted burglary negated an essential element of that crime.
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October 28, 2025
Spirit's Creditors Committee Backs Final DIP After Concession
A group of creditors for Spirit Airlines have told a New York bankruptcy court they now support the budget air carrier's request for debtor-in-possession financing on a final basis, after the debtor agreed to modify several key terms, including lowering the portion of existing debt to be converted into new priority DIP loans.
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October 28, 2025
Ex-Philips CEO Can't Undo Finding He Misled Shareholders
A Brooklyn federal judge will not reverse a finding that a former CEO of health technology company Koninklijke Philips NV misled shareholders about the safety and compliance of a subsidiary's sleep and respiratory care products.
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October 28, 2025
Akin Beats Malpractice Claim Over Alleged IP Theft Plot
A Third Circuit panel on Tuesday refused to revive a malpractice claim against Akin Gump Strauss Hauer & Feld LLP lodged in a lawsuit that accused attorneys of manipulating patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
HHS Can't Yet Yank Sex Ed Grants Over 'Gender Ideology' Info
An Oregon federal judge has halted the U.S. Department of Health and Human Services' plans to revoke federal funding for teen sexual health education programs that included "gender ideology," agreeing with states that this is likely a case of executive overreach.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 28, 2025
Jones Day Bolsters Ranks With Another DOJ Attorney
Jones Day has added another U.S. Department of Justice alum to its ranks, the firm announced Tuesday, welcoming the former attorney responsible for national security-related matters in the Office of the Deputy Attorney General.
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
NY, Green Orgs. Say Feds Can't Block Climate Superfund Law
The state of New York and a group of environmental organizations on Tuesday pushed back on the federal government's motion for summary judgment in a suit challenging the state's new Superfund law, saying the court should reject the U.S. Environmental Protection Agency's argument that New York's law is preempted.
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October 28, 2025
Getting Grilled By FINRA 'Blows,' StraightPath Exec Texted
A StraightPath co-founder on trial for an alleged $400 million investor fraud complained via text about a Financial Industry Regulatory Authority probe as he gave what prosecutors call false testimony, evidence before a Manhattan federal jury showed Tuesday.
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October 28, 2025
Trump Appeals 'Unprecedented' NY Criminal Conviction
President Donald Trump appealed his New York criminal conviction for falsifying business records, arguing the charges were defective, the jury was improperly instructed, the judge was biased and that he was immune from prosecution.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
Expert Analysis
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Navigating Court Concerns About QR Codes In FLSA Notices
As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Opinion
State Bars Must Probe Misconduct Claims, Even If It's The AG
The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.