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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
Susman Godfrey Opposes Fee Bid In $147.5M Insurance Deal
Susman Godfrey LLP lawyers have objected to three firms' requests for $36.9 million in attorney fees in a life insurance class action, saying they spent millions pressing similar New York and Pennsylvania claims being swept into an allegedly undervalued $147.5 million global settlement in Connecticut.
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November 05, 2024
Lululemon Brass Face Derivative Suit Over Inventory Issues
Officers and directors of activewear retailer Lululemon Athletica Inc. have been hit with a shareholder derivative suit alleging they concealed challenges including inventory allocation that ultimately hurt the company's sales.
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November 05, 2024
Manhattan DA Says Calif. Art Owner Can't Stop Looting Probe
The Manhattan District Attorney's Office has told a judge that a California art collector is improperly using federal litigation to interfere with an ongoing grand jury investigation into whether his ancient Roman statue was stolen from Turkey.
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November 05, 2024
MLB, Inventor Spar Over Viability Of Digital Ticket Patent
Major League Baseball's interactive division and the holder of a digital ticketing patent it is accused of infringing are both seeking sanctions against each other, amid the league's claim that the patent was abandoned during bankruptcy proceedings and cannot be asserted.
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November 05, 2024
Fubo Defends Block Of Sports Streaming Service At 2nd Circ.
Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.
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November 05, 2024
UBH Strikes Deal To End Mental Health Coverage Class Action
United Behavioral Health told a New York federal court Tuesday it needs more time to finalize an agreement that would resolve a class action alleging the insurance company denied coverage for mental health treatments it deemed "experimental" while paying for unproven remedies in other medical settings.
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November 05, 2024
Bright Health Beats Investor Suit Over COVID-19 Costs
The health insurer previously known as Bright Health Group Inc. no longer faces a proposed investor class action after a Brooklyn federal judge found that the company's initial public offering risk disclosures hadn't deliberately misled investors about its anticipated costs amid the COVID-19 pandemic.
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November 05, 2024
French Music Co. Hit With IP Suit Over Song Distributions
A French digital music business has been hit with a $500 million suit in New York federal court that claims it has been ripping off copyrighted song recordings owned by companies such as Universal Music Group by distributing allegedly manipulated tracks to social media platforms.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Shuttered NHL Talent Rep Wants $1.2M Finnish Arb. Suit Nixed
The owner of a now-defunct talent agency that represented professional hockey players has asked a Massachusetts federal judge to toss a $1.2 million lawsuit and said he intends to appeal a decision freezing his assets while the suit from a rival Finland–based management company proceeds in U.S. federal court.
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November 05, 2024
Lab Owner's Atty DQ'd After Repping Doctor In Fraud Inquiry
New Jersey prosecutors succeeded in disqualifying the lawyer for a lab owner accused of paying kickbacks to a New York City doctor in a $20.7 million fraud scheme because the attorney previously represented the doctor.
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November 05, 2024
New Fortress Energy Faces Investor Suit Over Outlook
New Fortress Energy was hit with a proposed investor class action in New York federal court alleging the natural gas company and its top brass misled investors about the company's growth and revenue outlook, which led to a stock drop once the truth came to light.
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November 05, 2024
Waste Co. Agrees To Settle Union Pension Withdrawal Suit
A municipal waste company has agreed to resolve a Teamsters pension fund's lawsuit alleging that the company owes over $7.5 million to cover a predecessor's unpaid contributions, a New York federal judge said Tuesday.
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November 05, 2024
Ex-Fabiani Cohen Atty Fights To Preserve Discrimination Suit
A Black female insurance and construction law attorney is urging a Manhattan federal judge not to toss her suit against her former firm, Fabiani Cohen & Hall LLP, arguing that though she was an equity owner, she was still an employee who could bring claims.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 05, 2024
Abortion Ballot Tracker: 7 States Add Protections As Fla. Effort Fails
Residents in seven states voted to enshrine abortion rights in their state constitutions Tuesday while similar efforts failed in three other states, including Florida, where a closely watched and hotly contested ballot issue couldn't muster enough support.
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November 04, 2024
Adams Loses Bid To Sanction Feds Over Alleged Leaks
A Manhattan federal judge Monday rejected New York City Mayor Eric Adams' bid to sanction the prosecutors handling his bribery and corruption case for allegedly leaking secret grand jury information to journalists, saying he hasn't shown the news articles contain protected information or that prosecutors were behind any leaks.
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November 04, 2024
UK Stock Pumper Admits To $100M Market Manipulation Rap
A London-based trader on Monday admitted to his role in what prosecutors say was a $100 million multi-faceted international stock manipulation scheme that used a Swiss asset manager tied to numerous claims of securities fraud to secretly control and falsely inflate the stock of several microcap companies.
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November 04, 2024
Justices Revive Immigration Case In Light Of Loper Bright
The U.S. Supreme Court on Monday vacated a Second Circuit decision denying a Chinese national's appeal of an immigration judge's removal order, citing its recent Loper Bright decision overturning decades-old precedent instructing judges about when they could defer to federal agencies' interpretations of law in rulemaking.
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November 04, 2024
NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'
The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.
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November 04, 2024
Turkish Co. Asks To End Sanctions As Kyrgyzstan Settles Suit
Kyrgyzstan has agreed to a settlement deal that resolves a Turkish company's suit to confirm an $11.6 million arbitral award it won after being forcibly ejected from its hotel project in the capital city of Bishkek, the company has told a New York federal judge.
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November 04, 2024
Hilton Gets $30M Punitive Damages Injury Award Cut To $10M
A New York federal judge has slashed a jury's punitive damages award from $30 million to $10 million in a suit accusing Hilton of causing a hotel guest's severe spinal injuries when it knowingly failed to replace defective bathroom doors, saying the award was excessive.
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November 04, 2024
Binance Says Lawsuit Can't Connect It To Terrorism Finance
Cryptocurrency platform Binance has asked a New York federal judge to toss a suit alleging the firm helped foster terrorist activity, saying that it "unequivocally condemns all acts of terrorism" and that the complaint does not connect the company to the alleged acts.
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November 04, 2024
FERC, NJ Conservation Orgs Battle Over Pipeline Rehearing
The Federal Energy Regulatory Commission is clashing with a host of conservation groups and the New Jersey Division of the Rate Counsel over whether the D.C. Circuit should reconsider a panel decision that vacated the agency's approval for a natural gas pipeline expansion on the East Coast.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2nd Circ. Provides NY Pathway For Fighting Foreign Infringers
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
Barrett Is Right: Immunity Is Wrong Framework In Trump Case
Justice Amy Coney Barrett’s concurrence in Trump v. U.S., where the majority opinion immunized former presidents almost entirely from criminal prosecution for official actions, rests on a firmer constitutional foundation than the majority’s immunity framework, says Matthew Brogdon at Utah Valley University.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Look At Recent Case Law On Expedited Judgment In NY
A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.