CSX Must Face Jury On Retaliation Claim, 2nd Circ. Says

By Aaron Keller

Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.

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Ex-Bank GC Faces Garnishments After $7M Restitution Order

By Aaron Keller

Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.

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2nd Circ. Backs Jury's $3.85M Verdict In Sex Trafficking Case

By Brian Steele

A New York jury had enough evidence to hold retired financier Howard Rubin liable for sex trafficking after six women testified that he lured them with promises of money, travel and modeling opportunities and then subjected them to violent, nonconsensual acts, the Second Circuit has ruled in upholding a $3.85 million civil verdict.

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HUD Housing Aid Limits Will Drive Homelessness, States Say

By Rachel Riley

Washington and 19 other states launched a lawsuit Tuesday against the U.S. Department of Housing and Urban Development in Rhode Island federal court, seeking to stop abrupt policy changes they claim will result in tens of thousands of formerly homeless people being ousted from publicly subsidized housing and onto the streets.

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2nd Circ. Won't Revive NYC Income Source Ban Challenge

By Nate Beck

A Second Circuit panel has sided with the City of New York and a housing nonprofit in tossing arguments from a landlord that a law to prevent discrimination against the use of housing vouchers is unconstitutional.

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Split 2nd Circ. Faults Immigration Courts' Torture Review

By Tom Lotshaw

A split Second Circuit panel revived a Guatemalan man's bid for deportation relief under the United Nations Convention Against Torture, ruling immigration courts used the wrong standard to consider whether he would be tortured by gang members if returned there.

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Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit

By Emlyn Cameron

Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.

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How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.

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Considerations When Invoking The Common-Interest Privilege

To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

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Bonus Spotlight

Magic Circle Firms Enchant Associates With Top-Tier Bonuses

By Tracey Read

U.S. associates at Linklaters LLP and Clifford Chance LLP have a lot to be thankful for this holiday season, as the Magic Circle firms Wednesday became the latest to match the BigLaw standard for this year's associate bonuses.

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Analysis

After Big Win For 2 Trump Foes, A Third Faces 'Tougher Job'

By Phillip Bantz

The recent dismissal of federal criminal charges against New York Attorney General Letitia James and former FBI director James Comey does little to help President Donald Trump's ex-national security adviser John Bolton, whose defense in a classified-materials case presents a thornier set of legal and factual issues, experts say.

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Roundup

Up Next At High Court: ISP Liability & State Subpoena Suits

By Katie Buehler

The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

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Interview

For Covington's Adrian Perry, Music Is A Family Affair

By Theresa Schliep

Despite having a famous rock star dad, Covington & Burling LLP partner Adrian J. Perry wasn't all that interested in being a musician as a young child, but he knew as early as 6 years old that he wanted to be a lawyer.

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Analysis

Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary

By Allison Grande

California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million dollars and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches. 

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Split 6th Circ. Shields Baker Donelson, Not City Councilman

By Matt Perez

In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.

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Foley & Lardner Hit With Malpractice Suit Over Chancery Loss

By Rose Krebs

Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.

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DOJ Asks Court If It Can Release Epstein Files Under New Law

By Lauren Berg

The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.

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Keesal Young Poaching Suit Against Stradley Ronon Trimmed

By Madison Arnold

A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.

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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court

By Rose Krebs

The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.

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Hub Hires: Todd & Weld, Freshfields, Shipman

By Julie Manganis

It was a busy November in Boston's legal community as another firm expanded into the market, and a longtime judge traded his gavel for the ability to address his growing concerns about the Trump administration.

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