With only a few days left before its compliance date, the U.S. Securities and Exchange Commission's Regulation Best Interest was upheld by a Second Circuit panel unswayed by arguments that the new rule governing standards of conduct for broker-dealers doesn't do enough to protect investors.
New York City fashion brand Faded Royalty on Monday accused Nike and Michael Jordan of stealing its "6-Point Star" logo for their NBA 2020 All Star Weekend apparel, according to a copyright infringement suit filed in New York federal court seeking at least $10 million in damages.
A New York federal judge on Monday let a business coalition join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.
Florida developer Kelly Kite is reportedly hoping to rezone a Miami property to allow for more density, a Hackman Capital venture is reportedly close to buying a New York film and television studio in a deal that could be worth roughly $500 million, and WeWork is said to be closing its oldest location, a New York property.
A New York federal judge on Monday tapped Labaton Sucharow LLP to lead a proposed class of investors alleging medical device developer Abiomed Inc. misled them about the company's finances, leading to a drop in stock prices.
A New York-based home health care provider has inked a deal worth $12.5 million to settle a former aide's lawsuit claiming the company stiffed thousands of employees on pay and overtime.
The holders of some $1.68 billion in Venezuelan bonds are arguing that leaked comments made by the country's special attorney general acknowledging the weakness of its legal efforts to protect Citgo undermine arguments from the country's U.S. ambassador that the bonds violate Venezuelan law.
Mintz Levin Cohn Ferris Glovsky and Popeo PC announced Monday that it hired a New York-based complex civil litigator from Boies Schiller Flexner LLP, becoming the latest law firm to score talent from the litigation boutique amid its restructuring.
The U.S. Supreme Court on Monday passed on a chance to extend its McDonnell ruling, which raised the bar for prosecutors to bring domestic corruption cases, to cases involving the Foreign Corrupt Practices Act.
Consumers filed the latest proposed class action alleging vanilla labeling fraud on Friday, accusing soy milk maker Hain Celestial Group Inc. in New York federal court of mislabeling its product as vanilla and failing to disclose artificial, nonvanilla flavors.
A California-led coalition told the D.C. Circuit on Monday that the federal government overreached when it departed from long-standing practice and rescinded a Clean Air Act waiver that allowed California to set its own greenhouse gas standards and run a zero-emissions vehicle program.
World Wrestling Entertainment Inc. asked a New York federal judge on Friday to toss a proposed stockholder class action that claims the WWE inflated its stock price by hiding that a deal with Saudi Arabia was falling apart, calling the suit an "impermissible fraud-by-hindsight case."
A New York bankruptcy judge on Monday approved Frontier Communication Corp.'s Chapter 11 plan disclosures and set the case on course for an August plan confirmation, overriding lienholders who sought more time for discovery.
A Manhattan federal judge on Monday rejected a bid by landlords to quash New York Gov. Andrew Cuomo's limits on evictions during the COVID-19 crisis, finding the restrictions do not violate landlords' rights under federal law and that the court has no jurisdiction over state law questions they may raise.
As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations.
A second attorney charged with firebombing a vacant NYPD vehicle pled not guilty Monday in Brooklyn federal court during an at-times cacophonous conference call that was mobbed by more than 360 listeners.
Experts are expressing confidence that the civil unrest gripping the nation over racial tensions will refuel the push to make juries more diverse, a problem that has vexed the legal industry long before the killings of George Floyd and others by white police officers.
Pfizer Inc. sued the U.S. Department of Health and Human Services on Friday for blocking it from providing financial assistance to Medicare beneficiaries, claiming the agency's incorrect interpretation of two laws prevents many patients from accessing pricey medication for a fatal heart condition.
A Trump family feud booted from Queens County Surrogate's Court gained new life Friday when the president's younger brother sued their niece Mary Trump and Simon & Schuster Inc. in a New York trial court seeking to block publication of her purportedly damning tell-all book.
A growing movement for police reform and added scrutiny of privacy in the age of COVID-19 have combined to add momentum to the push for limits on government surveillance.
A New York federal judge will allow a proposed class of investors accusing several big banks of rigging benchmark foreign exchange rates to question HSBC about its 2018 deal with the U.S. Department of Justice that resolved similar claims of forex market manipulation.
A Texas federal judge authorized a novel way of reviewing source code during the pandemic, mask makers are still bringing trademark suits, and patent litigation between drugmakers in New York is finally ready to go to trial. Here are some recent intellectual property updates tied to the outbreak that you may have missed.
The U.S. Department of Justice has reached a settlement with advocacy organizations that challenged the Trump administration's attempt to add a citizenship question to the 2020 Census, after the organizations accused the government of withholding key documents in court.
As the fourth month of COVID-19 winds down, bankruptcy filings across several industries continue to increase. The tendrils of the economic disruption wrought by the pandemic have worked their way further into the energy and retail sectors and toppled a longtime staple in the family entertainment industry.
Global research firm Gartner Inc. sued U.S Specialty Insurance Co. in New York federal court, seeking up to $340 million in coverage from canceled events because of COVID-19, alleging the insurer breached its policy terms by avoiding paying for its loss.
Mortgage lenders and servicers should ensure they are aware of the many new federal and state laws emerging for the protection of borrowers during the COVID-19 crisis and be prepared to respond to regulatory inquiries from federal agencies, state attorneys general or licensing authorities regarding their compliance, say attorneys at Troutman Sanders.
A New York federal court’s recent holding that syndicated loans are not securities in Kirschner v. J.P. Morgan Chase may head off unnecessary securities litigation concerning the performance of syndicated loans impacted by the COVID-19 crisis at a time when borrowers have a heightened need for liquidity, say attorneys at Cleary.
Policyholders should maintain diligence, carefully assess risks, and thoughtfully rebalance risk transfer and mitigation strategies in order to weather the pandemic's long-term impact on the insurance industry, says Daniel Struck at Culhane Meadows.
The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.
The Second Circuit’s recent decision remanding the long-running False Claims Act case U.S. v. Florida Cancer Specialists is an important reminder that whether a relator is an original source is a threshold issue for determining the viability of a qui tam action, says Kenneth Abell at Abell Eskew.
A New York federal court's upcoming decision on whether digital tokens should be considered securities in U.S. Securities and Exchange Commission v. Kik, on the heels of a similar case against Telegram Group, will likely help clarify the legal status of blockchain tokens, say attorneys at BakerHostetler.
COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.
Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.
By refusing to endorse a policy that would require websites to permanently ban certain content, the U.S. Copyright Office's recent Digital Millennium Copyright Act report, although laudable, does not go far enough to rebalance competing interests, say Doug Mirell and Josh Geller at Greenberg Glusker.
Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.
Although relatively informal and commonly taken for granted, electronic signatures — such as typing a name at the end of an electronic message — may lead to a contract that is valid, enforceable and deemed to satisfy New York's Statute of Frauds, say Martin Siegel and Ally Hack at Warshaw Burstein.
The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.
Last month's "Bridgegate" decision represents the latest remarkable chapter in a 20-year U.S. Supreme Court arc drastically narrowing prosecutors' ability to use previously flexible fraud statutes as tools to curtail putative public corruption by government officials, say Jason Halperin and David Drew at Mintz.
The New York Supreme Court Commercial Division's recent dismissal of Culligan Soft Water v. Clayton Dubilier & Rice highlights nuances associated with presuit demand and demand futility in shareholder derivative litigation, and imposes a new hurdle for plaintiffs when there is a change in the company's control, say Ian Kerr and Muhammad Faridi at Patterson Belknap.
A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.