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New York
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January 21, 2025
Ch. 11 Judge Slams Firm's 'Extraordinary' Lack Of Knowledge
A New York bankruptcy judge has refused a fee bid and ordered a debtor's firm to return a nearly $30,000 retainer in a scathing opinion that warns lawyers against tiptoeing into bankruptcy practice and slams counsel for having an "extraordinary lack of basic Chapter 11 understanding."
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January 21, 2025
High Court Urged To Review Copyright 'Discovery Rule' Fight
A shoe designer wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying the justices need to examine a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.
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January 21, 2025
Coinbase Asks 2nd Circ. To Settle Crypto Securities Question
Coinbase has urged the Second Circuit to settle how securities laws apply to its crypto transactions, saying "there is no more pressing issue in securities law today" than determining the U.S. Securities and Exchange Commission's ability to regulate digital assets.
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January 21, 2025
KeyBank Fights Adviser's $1.1M Defamation Win In 2nd Circ.
KeyBank's investment unit urged the Second Circuit on Tuesday to overturn parts of a $1.1 million defamation award to a former adviser, claiming that FINRA arbiters wrongly added attorney fees and a regulatory notice violation to the ex-employee's win.
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January 21, 2025
NFL, Jets Settle With Man Claiming He Created Team Logo
The New York Jets and the National Football League on Tuesday settled a federal copyright infringement suit brought by a former Jets employee over a logo he said he designed decades ago but was used without his permission or compensation.
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January 21, 2025
Cornell Case May Be Bellwether For ERISA Transaction Claims
The U.S. Supreme Court will hear arguments Wednesday from Cornell University and workers looking to reinstate a class action alleging their retirement plan paid excessive fees, in a case that could change the strategy for Employee Retirement Income Security Act plaintiffs in the future.
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January 21, 2025
Last Sackler Family Members Join Purdue Draft Deal
The final holdouts among two branches of Sackler family members are ready to join a settlement in the bankruptcy of OxyContin maker Purdue Pharma LP, a business owned by the family, according to a report from the co-mediators handling negotiations.
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January 21, 2025
Trump Names Interim Top Prosecutors In Manhattan, Brooklyn
President Donald Trump named two high-ranking prosecutors to be interim U.S. attorneys in the Southern and Eastern districts of New York while his long-term picks for the posts await Senate confirmation, spokespeople for the offices confirmed Tuesday.
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January 21, 2025
DOJ Fights Visa's Bid To Duck Monopoly Case
The U.S. Department of Justice urged a New York federal court not to toss its case accusing Visa of illegally maintaining a monopoly over debit card networks, saying the company's dismissal bid misconstrues the law and wrongly tries to expand the market at issue.
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January 21, 2025
4 Of 8 From Alleged Bronx Beer Heist Squad In Plea Talks
The leader of an eight-man crew accused of carrying out a brazen scheme to steal Mexican beer from trains and resell it in the Bronx is in plea talks along with three co-defendants, a New York federal judge heard Tuesday.
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January 21, 2025
NJ Unveils Plans To Retool Congestion-Pricing Fight
Undeterred by the denial of its bid to temporarily halt New York City's controversial congestion toll pricing plan, the state of New Jersey has notified a federal judge that it plans to drop its Third Circuit appeal and pursue a new plan of attack in district court.
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January 21, 2025
SDNY Prosecutor Returns To Debevoise In San Francisco
Debevoise & Plimpton LLP announced the return of one of its litigators Tuesday after eight and a half years with the U.S. Attorney's Office for the Southern District of New York, most recently as deputy chief of the Criminal Division.
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January 21, 2025
Victors In Landmark Graft Case Want 2nd Top Court Review
The defendants who won a landmark 2023 U.S. Supreme Court ruling that narrowed certain types of corruption prosecutions have asked the justices to intervene in their case again, claiming the Second Circuit had wrongly allowed the government to pursue new trials based on a different theory of fraud.
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January 21, 2025
Akin Beefs Up GOP Lobbying Roster In DC
The start of a second Trump administration and a Republican Party-controlled Congress has Akin Gump Strauss Hauer & Feld LLP deepening its lobbying and public policy practice with two advisers who have deep GOP connections.
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January 21, 2025
WWE Accuser Eyes Deal With Doctor In Medical Records Feud
A former legal staffer for World Wrestling Entertainment Inc. suing the company and ex-executives for alleged abuse is in talks to settle a related court fight with a celebrity doctor whom she accused of withholding medical information from her, the parties told a Connecticut state court judge Tuesday.
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January 21, 2025
Quinn Emanuel Sees Attendance Jump With New NYC Office
After opening in December, Quinn Emanuel Urquhart & Sullivan LLP’s new Manhattan office has already seen an increase in attendance.
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January 21, 2025
Simpson Thacher Adds IP, Cybersecurity Attorneys In NY
Simpson Thacher & Bartlett LLP announced the addition of two attorneys from Skadden Arps Slate Meagher & Flom LLP and Debevoise & Plimpton LLP on Tuesday, touting the pair's experience at the intersection of intellectual property and cybersecurity.
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January 21, 2025
Weil Adds SEC's Asset Management Co-Chief To NY Group
A more-than 12-year veteran of the U.S. Securities and Exchange Commission, who most recently co-led the agency's Asset Management Unit, is joining Weil Gotshal & Manges LLP as the firm continues adding former regulators to begin the new year.
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January 21, 2025
Dem States Challenge Trump's Birthright Citizenship Order
Eighteen Democratic-led states, the District of Columbia and the city of San Francisco filed a lawsuit in Massachusetts federal court on Tuesday challenging the constitutionality of President Donald Trump's executive order limiting birthright citizenship.
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January 21, 2025
Paul Weiss Hires Exec Comp Head From Sullivan & Cromwell
Paul Weiss Rifkind Wharton & Garrison LLP is bringing on Matt Friestedt, the former head of Sullivan & Cromwell LLP's executive compensation mergers and acquisitions practice, as a partner in its New York office.
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January 21, 2025
Justices Nix E-Commerce Co.'s 'Minimum Contacts' Suit
The U.S. Supreme Court declined on Tuesday to review a petition asking it to resolve whether an e-commerce seller's "virtual presence" in a state is enough to satisfy a jurisdictional test requiring "minimum contacts" with that state.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Feds Drop Bribery, Fraud Suit Against Ex-New York Lt. Gov.
Federal prosecutors on Friday dropped a bribery and fraud suit accusing former New York Lt. Gov. Brian Benjamin of using his position to obtain state grant funds in exchange for campaign contributions, noting the death of a New York real estate lawyer who pled guilty as a cooperating witness in 2022.
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January 17, 2025
Real Estate Recap: Trump Policy Priorities, Natural Disasters
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy expectations under President Donald Trump and the way natural disasters such as the LA wildfires are shaping commercial real estate deals.
Expert Analysis
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2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach
The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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A Look At The Increased Scrutiny Of Cash Sweep Programs
Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NY Tax Talk: Questions In Corporate Franchise Tax Regs Case
In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.