Feature

NY Courts Limit Access To Ethics Data, Violating Own Rules

By Frank G. Runyeon

After a decade of widespread noncompliance with income and gift reporting rules, the New York court system's Ethics Commission has refused to publicly release all judges' annual financial disclosures, which safeguard against conflicts of interest, corruption and ethics lapses.

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Analysis

Menendez Appeal Could Make Hay From Bribery Case Law

By Cara Salvatore

Sen. Robert Menendez's planned "aggressive" appeal will almost certainly include broadsides against his novel foreign-agent conviction and attempt to capitalize on the U.S. Supreme Court's proven appetite for bribery cases, experts say.

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Court Denies Bid To Halt NYC Crackdown On Illicit Pot Shops

By Sam Reisman

A New York federal judge on Thursday rejected a bid from 27 retailers to halt city officials' enforcement efforts aimed at closing stores that sell cannabis without a license, saying the shops were unlikely to prevail on claims their due process rights were violated.

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SolarWinds Beats Most Claims In SEC's Data Breach Suit

By Jessica Corso

A New York federal judge on Thursday delivered a heavy blow to the U.S. Securities and Exchange Commission's case against software developer SolarWinds Corp. by dismissing substantial portions of the lawsuit, including claims that the company committed securities fraud by minimizing the severity of a state-sponsored attack on its flagship product.

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Feds Say Loper Bright Not Relevant In IVF Policy Suit

By Emmy Freedman

The U.S. Department of Defense urged a New York federal court Thursday to throw out a nonprofit's lawsuit challenging its in vitro fertilization coverage policy for service members, countering the group's argument that the agency can't shake the suit because the U.S. Supreme Court upended Chevron deference.

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Bizlato Founder Avoids More Time For Illicit Crypto Deals

By Stewart Bishop

The founder of Bitzlato Ltd. on Thursday was spared further incarceration for using the cryptocurrency exchange to process what prosecutors say was over $700 million in criminal proceeds, the latest case among many where judges factor in the vile conditions at Brooklyn's notorious federal jail, the Metropolitan Detention Center, as a reason for leniency.

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Chase Can't Arbitrate Returned-Check Suit, Customers Say

By MJ Koo

Chase Bank customers have urged a federal judge not to let the bank force them to arbitrate a complaint over fees charged on deposited checks that were returned, arguing that they never agreed to an arbitration clause and that the bank failed to prove their consent to arbitration.

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Abbott Wins Trust Asset Freeze To Collect $33M In TM Fight

By Dorothy Atkins

A New York federal judge has agreed to freeze trusts tied to a couple who owe Abbott Laboratories $33.4 million in sprawling trademark litigation over gray-market diabetes test strips, finding an asset freeze is necessary due to the defendants' "pervasive and repeated" use of the trusts for personal expenses and gambling.

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Comcast Gets PTAB To Eye Patent Despite EDTX Trial

By Andrew Karpan

The Patent Trial and Appeal Board on Thursday said it will look into a petition by Comcast asking it to invalidate claims in a patent organizing "content on a display device" that is tied to a $338.7 million jury verdict and is being asserted in another case set to go to trial later this year.

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Brief

Investor Signs $897K Settlement Over R. Kelly Show Funding

By Brian Steele

After security and credit agreements for the promotion of a concert series at the Foxwoods Resort Casino headlined by R&B artist R. Kelly fell apart, an investor has signed a roughly $900,000 deal in a Connecticut state court to recover an out-of-state settlement.

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Owner Of Ex-Sports Illustrated Publisher Wants Out Of Suit

By Elaine Briseño

The majority owner of Sports Illustrated's onetime publisher is hoping to exit a suit filed by an executive who was fired from the company, arguing he had nothing to do with terminating his employment and defending the denial of a severance package.

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Brief

X's NYC Office Settles Ex-Janitors' Back Pay Suit

By Elliot Weld

A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

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4 Men Cop To $2M 'Instant Deposit' Robinhood Fraud

By Katryna Perera

Four men have pled guilty in New York federal court to being involved in a scheme to steal millions of dollars from trading firm Robinhood by exploiting a program that gave them access to cash advances.

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Del. Justices Asked To Undo Firm's 'Malicious' Suit Escape

By Rose Krebs

Applied Energetics is asking the Delaware Supreme Court to revive a complaint alleging Gusrae Kaplan Nusbaum PLLC and a former partner filed a frivolous federal securities fraud suit in order to hobble other litigation against the company's former chief executive officer.

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Live Nation Previews Part Of Case Against DOJ Suit

By Bryan Koenig

Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.

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Alstom Wants Las Vegas Train's 'Buy America' Waiver Voided

By Linda Chiem

Train manufacturer Alstom alleges in a new federal lawsuit that it was unfairly shut out of competing for a lucrative supply contract for Las Vegas' proposed high-speed passenger rail line when the project recently scored a Buy America waiver for foreign-made trainsets from rival manufacturer Siemens.

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Atty Says Golf Malpractice Row Already Ran Its Course

By Elaine Briseño

An attorney seeking summary judgment in a legal malpractice suit told a New York federal judge that, five years and three courts later, the owners of the Foothills Club West Golf Court have still failed to produce evidence to support their allegations.

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OCC's Hsu Calls For 'More Nuanced' Preemption Approach

By Jon Hill

The Office of the Comptroller of the Currency's acting chief has signaled plans for a potential shift in his agency's approach to federal preemption following a recent U.S. Supreme Court decision, calling for "more nuanced analysis" when evaluating the applicability of state laws to banks it oversees.

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Womble Bond Adds Finance Atty With Latin America Focus

By Andrea Keckley

Womble Bond Dickinson's growing New York office is welcoming a capital markets and structured finance attorney after his more than 10 years with Hogan Lovells, most recently in Brazil.

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BCLP Seeks Merger Partner As Departures Continue

By Aebra Coe

Bryan Cave Leighton Paisner LLP's headcount has declined by more than 20% since the law firm's seminal combination, according to firm data, with a surge of lateral departures this spring and summer. Sources have told Law360 Pulse that firm leaders are currently seeking a merger partner.

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Several State Courts Impacted By Global Tech Outage

By Sarah Martinson

Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.

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DOJ Seeks Probe Of Conflicts In Ex-Fed. Judge's Cases

By Jack Karp

The U.S. Department of Justice has asked its internal watchdog to look into why federal prosecutors kept quiet about the fact that they allegedly knew now-resigned Alaska federal Judge Joshua Kindred had inappropriate relationships with several attorneys appearing before him, the DOJ confirmed to Law360 Friday.

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NASCAR Names New General Counsel Amid Shake-Up

By Sue Reisinger

NASCAR Holdings' has named a new general counsel and a new deputy general counsel and head of privacy to fill out the team of chief legal officer Amanda Oliver.

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Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

By Hailey Konnath

The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

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Kavanaugh Murder-Attempt Suspect Set To Face Trial

By Rae Ann Varona

A man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has failed to reach a plea deal after nearly two years of negotiations, setting his case up for trial in Maryland federal court, federal prosecutors said Friday.

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2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit

By Ryan Boysen

A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.

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Apple Wants Litigation Funder To Explain Role In Patent Row

By Rose Krebs

Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.

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NYC Bar OKs Attys' Financial Stakes In Alternative Biz Entities

By Andrea Keckley

A new ethics committee report says a New York City lawyer may hold a financial interest in alternative business structures in jurisdictions that let them provide legal services, provided the lawyer is merely a financial investor, not practicing law through the entity.

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Judge Recuses As Tech Firm Slams Dow Chemical's Request

By Ryan Harroff

An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."

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Class Seeks $1.5B Settlement In Payday Loan Dispute

By Crystal Owens

A class of borrowers has urged a Virginia federal court to approve what would be the largest settlement ever obtained in a challenge to participants in the tribal lending industry, arguing that the agreement would give significant relief to hundreds of thousands in the form of debt cancellations and cash payments.

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Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

By David Steele

Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

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Calif. Firm Beats Rival's Claims In 'Sweet Justice' TM Fight

By Rachel Rippetoe

A California federal court on Thursday nixed a personal injury firm's countersuit against its rival in a battle over the trademark use of the term "Sweet Justice," ruling that the firm's counterclaims are a "mirror-image" of the underlying suit.

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'Texit' Atty Sues State Rep., Judge Over Defamation Fees

By Catherine Marfin

A civil rights attorney who has represented the group behind the "Texit" movement filed a lawsuit against a state representative and court officials in a North Texas county, accusing the group of colluding to run up attorney fees against him in a defamation case connected to the pro-Texas-secession group.

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Colo. Federal Judges Point Out Recent High Turnover

By Daniel Ducassi

Colorado's chief federal judge on Friday observed "there has been a lot of turnover" on the bench in the district over the past several years, noting five out of the seven active district court judges were nominated by President Joe Biden. 

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Law360's Legal Lions Of The Week

By Kevin Penton

Blanche Law PLLC and Continental PLLC lead this week's edition of Law360 Legal Lions, after a Florida federal judge tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

A kidney care company has asked a federal judge to throw out a former in-house counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes, and a study showed the world's most extensive public country-by-country tax reporting rules would require 51% of large U.S. multinational corporations to disclose tax arrangements. These are among the stories in corporate legal news you may have missed in the past week.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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