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New York
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July 17, 2024
NY Judge Sends Suits Over Indianapolis FedEx Shooting To SC
Firearms manufacturer American Tactical Inc has persuaded a New York Judge to send to South Carolina lawsuits that victims of an April 2021 mass shooting at an Indianapolis FedEx facility filed to accuse the company of recklessly advertising a 60-round magazine used in the attack.
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July 17, 2024
CFTC Says Its Sanctions Spat Not Relevant To Gemini Case
The U.S. Commodity Futures Trading Commission has pushed back against Gemini Trust Co.'s efforts to paint the regulator's defense of misconduct claims in one case as contradictory to its arguments in its enforcement action against the Winklevoss-owned crypto exchange, telling a federal court that the two matters have "no legal or factual bearing" on each other.
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July 17, 2024
Teladoc Hit With Another Investor Suit Over BetterHelp Woes
The telehealth company that owns online counseling platform BetterHelp has been slapped with a second investor suit accusing it of not being honest with investors about how profitable the mental health service actually was.
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July 17, 2024
Steve Madden Raises IP, Libel Claims In Sandal Feud
Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.
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July 17, 2024
Co. Seeks $17M Refund Of Celsius' Payments For Mining Site
The successor to Celsius' bitcoin mining operation alleged in a New York bankruptcy court it is owed over $17 million in refunds for payments that the cryptocurrency platform company made to another firm that promised to build a crypto farm in Texas and failed to satisfy the agreement.
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July 17, 2024
Russian Gets 3 Years For Smuggling US Military Technology
A Russian national was sentenced to three years in prison Wednesday by a New York federal judge after admitting to scheming to smuggle U.S. microelectronics used in military settings.
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July 17, 2024
Judge Trims Sentence For Crypto Expert Who Aided N. Korea
A New York federal judge has cut seven months from the sentence of a computer expert convicted of furthering North Korean blockchain development in light of recently revised U.S. sentencing guidelines.
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July 17, 2024
ICE Doesn't Have To Reveal Sources, 2nd Circ. Says
An Ecuadorian man couldn't convince the Second Circuit to toss out a removal order based on a U.S. Immigration and Customs Enforcement officer's failure to explicitly explain how the agency learned he wasn't a U.S. citizen.
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July 17, 2024
NY Inn Settles Coverage For Law Grad Shower Film Extortion
The owner and manager of an Albany, New York, Hampton Inn where a law school graduate said she was secretly filmed showering, then blackmailed, settled with its insurers in a Georgia federal dispute over defense coverage of the woman's suit against them.
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July 17, 2024
Death Threats Not Enough For 2nd Circ. To OK Asylum
The Second Circuit on Wednesday rejected an asylum application from a Nepali man who claimed to be fleeing political persecution from Maoist partisans, unconvinced that the threats against his life were serious enough.
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July 17, 2024
Insurers Urge Judge To Deny SVB's Ch. 11 Plan
The Chubb Companies have asked a New York bankruptcy judge to tell SVB Financial Group it must change its Chapter 11 plan or have it rejected, saying the scheme doesn't clearly provide that SVB must meet certain obligations in order to keep receiving insurance benefits.
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July 17, 2024
Chief Deputy SDNY Bankruptcy Clerk To Be Bankruptcy Judge
The chief deputy clerk for the U.S. Bankruptcy Court for the Southern District of New York — a former Schulte Roth & Zabel LLP attorney who served as the lead law clerk on the liquidation of Bernie Madoff's investment securities company — is set to become a U.S. bankruptcy judge in Poughkeepsie.
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July 17, 2024
Feds Ask To Quash OneTaste Exec's Netflix, Vice Subpoenas
Prosecutors on Wednesday asked a Brooklyn federal judge to nullify what they called overbroad subpoenas filed by an executive of the sexual wellness company OneTaste seeking information from major media companies including Vice and Netflix in connection with a forced-labor case.
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July 17, 2024
Haynes Boone Grows Fund Finance Group With NY Counsel
Haynes and Boone LLP hired commercial finance attorney Meghan O'Reilly to build on more than 500 years of combined experience in the firm’s fund finance group.
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July 17, 2024
Ex-Goldman Sachs Analyst Gets Over 2 Years For Insider Tips
A Manhattan federal judge hit a former Goldman Sachs analyst with a 28-month prison sentence Wednesday for tipping his stepbrother and a friend to market-moving information, saying the Long Island native wanted to be "the big man" among his peers.
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July 17, 2024
Ex-NBA Player Caught In Betting Scheme Can't Play Overseas
A former NBA player who pled guilty to intentionally pulling out of games to ensure gambling wins for co-conspirators can't move to Greece to play professional basketball, a Brooklyn federal judge said.
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July 17, 2024
Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat
New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.
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July 16, 2024
Feds Say Ex-CIA Analyst Secretly Worked For Korea
Federal prosecutors have accused a former Central Intelligence Agency analyst and prominent foreign policy expert of advocating for South Korea's policy positions and working with its spies in exchange for luxury goods, "high-priced dinners" and other gifts, according to an indictment unsealed Tuesday in New York federal court.
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July 16, 2024
3 Reasons Why 2nd Menendez Bribery Case Was The Charm
Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.
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July 16, 2024
Skechers Targets LL Bean's Slip-On Shoes In IP Suit
Privately held Maine retailer and lifestyle brand L.L. Bean Inc. is facing a lawsuit that accuses it of selling slip-on shoes that infringe heel design patents owned by footwear multinational Skechers USA Inc.
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July 16, 2024
Solar Co. Cites Macquarie In Fight Against Investor Suit
SolarEdge Technologies Inc. has moved to dismiss a proposed class action accusing it of misrepresenting the demand for its solar energy products in Europe, arguing that investors' claims that it had to make a detailed accounting of its inventory levels and sales practices do not meet the standard set out by the U.S. Supreme Court's recent Macquarie ruling.
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July 16, 2024
Tycoon's Pilot Says Feds' Stock Tip Claims Don't Add Up
A private pilot who used to work for convicted insider trader and U.K. billionaire Joe Lewis is arguing federal prosecutors can't use allegations that his own trades were suspicious to ramp up a sentence for a separate tax evasion charge.
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July 16, 2024
Ex-Goldman Banker Denies Bribe Charges After Extradition
A former Goldman Sachs banker pled not guilty Tuesday before a Brooklyn federal magistrate judge to charges that he bribed Ghanaian officials, after losing an extradition battle in British courts.
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July 16, 2024
Ex-Mozambique Official Accused Of $2B Fraud As Trial Opens
Federal prosecutors told a Manhattan jury Tuesday that Mozambique's former finance minister took $7 million in bribes in a "corrupt" plot to enrich himself and defraud investors after $2 billion in state-backed development projects flopped.
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July 16, 2024
Accuser Says WWE Paid Doctor To Give Her Mystery Drugs
Celebrity doctor Carlon Colker gave a former World Wrestling Entertainment Inc. staffer unmarked drugs that made her feel sick and later refused to provide complete and accurate records on her visits there, according to her Tuesday complaint in Connecticut state court seeking information to support her sexual abuse suit against WWE founder Vince McMahon.
Expert Analysis
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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NYC Cos. Must Prepare For Increased Sick Leave Liability
A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.
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NY's Revamped Card Surcharge Ban Is Unique Among States
Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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Employer Best Practices In Light Of NY Anti-Trans Bias Report
A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Open Questions After Elastos Crypto Class Action Settlement
The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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$32.4M Fine For Info Disclosure Is A Stark Warning For Banks
The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Opinion
New Rule 702 Helps Judges Keep Bad Science Out Of Court
A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.