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January 10, 2025
Paramount Wants Out Of User's Video Privacy Suit
Paramount Global urged a New York federal court to dismiss a California man's putative class action accusing it of unlawfully sharing streaming platform users' personal information to third parties like Facebook and TikTok, saying the man lodged inadequate theories of disclosure and otherwise consented to the alleged disclosure.
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January 10, 2025
Contractor Seeks Coverage For $2.5M Grass Damage Row
An air services company told a New York federal court Friday that an AIG unit cited a raft of inapplicable exclusions to deny commercial general liability coverage over claims that it caused nearly $2.5 million in damages by aerially applying herbicides on the wrong areas.
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January 10, 2025
SafeMoon CEO Wants 'Misleading' Reddit Post Explained
The CEO of bankrupt cryptocurrency asset company SafeMoon LLC asked a Brooklyn federal judge Friday to order the government to explain whether it had a role in a social media user's "misleading" post that promised to connect SafeMoon investors with the U.S. government.
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January 10, 2025
Giuliani Held In Contempt Again, This Time In DC
A D.C. federal judge Friday held Rudy Giuliani in contempt for continuing to repeat false claims that two Georgia poll workers meddled with the outcome of the 2020 presidential election, marking the second time in a week the former New York City mayor has been found in civil contempt.
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January 10, 2025
KKR, PSP Buy $2.8B Stake In American Electric Power Units
Private equity giant KKR and Canada-based Public Sector Pension Investment Board, both advised by Simpson Thacher & Bartlett LLP, have agreed to take a minority stake in Morgan Lewis & Bockius LLP-led American Electric Power's transmission companies in Ohio, Indiana and Michigan, in a $2.82 billion deal.
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January 10, 2025
New York To Administer NCBE's NextGen Bar Exam In 2028
New York's highest court has announced the jurisdiction will adopt the Next Generation bar exam developed by the National Conference of Bar Examiners beginning July 2028.
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January 10, 2025
MLB Can't Pause Discovery In Umpires' Harassment Suit
Major League Baseball can't pause a lawsuit alleging it allowed two minor league umpires to be sexually harassed by a female colleague, a New York federal judge ruled, saying MLB hadn't shown it was necessary to halt discovery while he considered a bid to trim the case.
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January 10, 2025
Feds Ask 15 Years For Menendez In Case Of 'Historical Rarity'
Prosecutors have asked a Manhattan federal judge to sentence former U.S. Sen. Robert Menendez to at least 15 years in prison after he was convicted of taking bribes from three New Jersey business executives in exchange for political favors.
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January 10, 2025
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.
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January 10, 2025
Construction Exec Cops To Unlawfully Funding NYC Mayor
A Turkish-born construction executive with ties to Eric Adams told a Manhattan federal judge Friday that he funneled unlawful donations to the New York City mayor's campaign, as prosecutors secured a guilty plea in their high-profile political corruption investigation.
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January 10, 2025
ESPN, Fox, Warner Bros. Abruptly Scrap Sports Streaming JV
ESPN, Fox and Warner Bros. Discovery called off their Venu joint live sports streaming venture Friday, just days after ESPN parent company The Walt Disney Co. used the acquisition of a majority stake in streaming startup FuboTV Inc. to nix Fubo's challenge to Venu on the courthouse steps.
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January 10, 2025
Former SDNY US Atty Williams Returns To Paul Weiss
Damian Williams is rejoining Paul Weiss Rifkind Wharton & Garrison LLP after four years as the U.S. attorney for the Southern District of New York under President Joe Biden, the firm announced Friday.
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January 10, 2025
DOJ Sues To Block Amex GBT's $570M Deal For Rival CWT
The U.S. Department of Justice filed a lawsuit Friday seeking to block American Express Global Business Travel Inc.'s planned $570 million acquisition of corporate travel management rival CWT Holdings LLC.
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January 10, 2025
Vince McMahon Resolves SEC Probe Over Secret Settlements
Embattled World Wrestling Entertainment co-founder Vince McMahon signed two multimillion-dollar deals to buy silence from a former employee and a contractor without making the required disclosures to organization officials and staffers, according to a settlement announced Friday by the U.S. Securities and Exchange Commission.
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January 10, 2025
Trump Avoids Jail As Judge Points To Presidential Status
A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."
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January 09, 2025
Fox Corp. Can't Ax Smartmatic's Defamation Suit, Panel Says
Fox Corp. will have to face a defamation claim in voting technology company Smartmatic's $2.7 billion lawsuit alleging the media company exercised control over allegedly harmful news coverage during the 2020 presidential election, a New York state appellate court ruled Thursday.
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January 09, 2025
Tort Report: Philadelphia Tops Annual 'Judicial Hellhole' List
Philadelphia's designation by a tort reform group as a top "judicial hellhole" and the nation's largest medical malpractice verdict ever lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 09, 2025
IP Forecast: OpenAI, Microsoft Look To Toss NYT Case
OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 09, 2025
Supreme Court Declines To Halt Trump's NY Sentencing
The U.S. Supreme Court on Thursday denied Donald Trump's request to halt New York criminal proceedings in his hush money case, clearing the way for a state judge to sentence the president-elect on Friday, days before he takes the oath of office.
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January 09, 2025
Ex-Knick Wants MSG Sanctioned Over Lost Emails
Former New York Knicks player Charles Oakley informed a Manhattan federal judge he intends to seek sanctions over a set of lost emails involving a group of Madison Square Garden employees that he alleges assaulted him when he was ejected as a spectator from a 2017 game.
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January 09, 2025
DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal
DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.
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January 09, 2025
Highgate Hotels Hit With Suit Over Months-Long Data Breach
A former employee seeking to represent a class claimed in New York federal court that real estate and hospitality management company Highgate Hotels failed to use basic cyberattack prevention tools, allowing hackers to access employee records for months.
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January 09, 2025
Alito-Trump Phone Call Sparks Unanswered Calls For Recusal
Democratic lawmakers' calls for U.S. Supreme Court Justice Samuel Alito to recuse from considering Donald Trump's bid to stay sentencing in his New York hush money case due to a phone call the pair had shortly before the emergency application was filed went unaddressed Thursday.
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January 09, 2025
Patterson Belknap Brings On IP Litigator From Davis Polk
Patterson Belknap Webb & Tyler LLP's New York office has welcomed a patent litigator, who brings nearly a decade of experience, including most recently as counsel at Davis Polk, as its newest partner.
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January 09, 2025
Menendez Sentencing Won't Taint Wife's Trial, Gov't Says
New York federal prosecutors are urging a Manhattan federal judge to reject Nadine Menendez's request for a three-month delay in her trial on bribery charges, saying that the sentencing of her husband, former U.S. Sen. Robert Menendez, on similar charges will not taint the jury pool for her trial.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion
Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Federal Embrace Of Crypto Regs Won't Lower State Hurdles
Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.
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And Now A Word From The Panel: Ballpark Lessons For MDLs
The baseball offseason has provided some time to ponder how multidistrict litigation life resembles the national pastime, including with respect to home-field advantage, major television markets and setting records, says Alan Rothman at Sidley.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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ERISA Ruling Is A Win For DOL Regulatory Authority
In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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The Fashion Industry Should Prep Now For State PFAS Bans
New York and California have each passed legislation regulating PFAS in apparel and other textiles, so retailers should consult with manufacturers and suppliers and obtain the requisite certification documents as soon as possible to avoid disruptions in supply chains, say attorneys at Venable.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.