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New York
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June 18, 2024
Charges Dropped In NYC Mayor Straw Donor Case
A New York state judge on Tuesday dismissed charges against a former development consultant and state employee, who was accused of being part of a conspiracy to funnel straw donor funds to New York City Mayor Eric Adams' 2021 campaign, after prosecutors agreed to drop the case.
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June 18, 2024
9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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June 18, 2024
Megan Thee Stallion Escapes IP Suit Over 'Savage' Song
A Manhattan federal judge concluded Tuesday that rapper and songwriter Megan Thee Stallion did not rip off music from a hip-hop producer to create her hit song "Savage" in 2020, saying the plaintiff failed to show that she and the other defendants had access to his composition or that the two songs are substantially or strikingly similar.
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June 18, 2024
Gov't Says New Guidelines Can't Cut Crypto Expert's Sentence
Federal prosecutors have told a Manhattan federal judge that the crypto computing expert who received five years for aiding North Korea's blockchain development shouldn't get to cut a year off his sentence just because sentencing guidelines have been updated while he's served his term.
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June 18, 2024
Home Builders Sued For Non-FHA-Compliant Apartments
A group of home building and financing companies including the Toll Brothers were sued by Manhattan federal prosecutors Tuesday for allegedly violating the Fair Housing Act by building residential units that weren't accessible to people with physical disabilities.
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June 18, 2024
Blue States And Enviro Groups Back DOE Furnace Rule
Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.
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June 18, 2024
Archegos Trader Doubles Down On Hwang Accusations
A former protégé of Archegos founder Bill Hwang told New York federal jurors Tuesday that the hedge fund boss directed manipulative and improper trading, pushing back on insinuations by Hwang's counsel that the trades were above-board.
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June 18, 2024
NYC Bar Unimpressed With Choices For Brooklyn Judge Race
The New York City Bar Association recently completed its evaluations of Democratic judicial candidates for various contested primary races for the city's Civil Court and Surrogate's Court, including one race where neither candidate passed muster.
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June 18, 2024
Amazon Union Workers Vote To Affiliate With Teamsters
Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.
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June 18, 2024
Perkins Coie Names Private Capital And Fund Formation Chair
Perkins Coie LLP announced Jacquie Duval as the new chair of the firm's private capital and fund formation practice.
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June 18, 2024
2nd Circ. Says No Gov't Misconduct In Campaign Money Case
The Second Circuit on Tuesday reversed a ruling from a Connecticut federal judge that found prosecutors violated their evidence disclosure obligations in a campaign finance case against a former state senator and his treasurer.
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June 18, 2024
Mayer Brown Adds Litigation Vet As Employment Co-Chair
Mayer Brown LLP said Tuesday it added an employment litigation veteran with nearly two decades of experience to co-lead the firm's employment litigation and counseling practice.
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June 18, 2024
Worker Says Meta Penalized Him For Standing Up For Women
An engineer sued Meta on Tuesday in New York federal court alleging his manager gave him false negative performance reviews and told him to resign after he spoke up on behalf of female employees who were being stripped of responsibilities, passed over for promotions and unfairly criticized.
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June 18, 2024
Cooley Adds Ex-Kirkland Global Fund Formation Atty In NY
Cooley LLP has expanded its fund formation practice with the addition of an experienced fund formation attorney who previously worked at Kirkland & Ellis LLP and founded a venture advisory group for asset managers.
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June 18, 2024
Tilray, Anheuser-Busch Want Out Of Beer Contract Suit
Anheuser-Busch InBev and Tilray Brands Inc. are asking a New York federal judge to schedule a pre-motion conference to discuss their proposed motions to dismiss a suit by CraftCanTravel LLC alleging they interfered with its exclusive distribution deal, arguing the claims are baseless and speculative.
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June 18, 2024
NY High Court Denies Trump's Gag Order Appeal
New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.
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June 17, 2024
Pastor Tied To NYC Mayor Gets 9 Years For Fraud Conviction
A clergyman and self-described mentee of New York City Mayor Eric Adams on Monday was sentenced to nine years in federal prison following his conviction at trial for a series of fraudulent real estate and business loans, among other misdeeds.
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June 17, 2024
Man In Murder-For-Hire Plot To Kill Atty Gets Extradited To NY
An Indian national indicted in connection with a murder-for-hire plot to assassinate an attorney connected to a Punjab political revolution has been extradited to the Southern District of New York and made his initial appearance in federal court Monday, during which he pled not guilty to the criminal charges against him.
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June 17, 2024
Creditors Say Giuliani Is 'Shrewd' And Needs Ch. 11 Trustee
Rudy Giuliani's creditors made their argument to a New York judge on Monday about why they felt he should be stripped of control of his bankruptcy case, disparaging his motives, missing financial information and ability to stick to a budget.
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June 17, 2024
Ex-Stimwave CEO Gets 6 Years For Dummy Implant Scheme
The founder and former CEO of Stimwave Technologies was sentenced to six years in prison Monday after tearfully proclaiming her innocence to healthcare fraud charges, with a Manhattan federal judge saying it's "sad" the defendant doesn't recognize the harm she inflicted by selling nonfunctional pain management device components.
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June 17, 2024
$2.1B Danish Tax Fraud Defendant Pushes For Separate Trials
An attorney facing trial alongside his clients on allegations of filing $2.1 billion in fraudulent tax refund claims in Denmark urged a New York federal court to hear his case separately, saying disparate legal arguments could confuse a jury if only one trial is held.
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June 17, 2024
Accused NBA Fraud Leader May Testify At Doctor's Trial
A former NBA player who was sentenced to 10 years in prison for allegedly spearheading a scheme to defraud the league's healthcare plan is likely to be called to testify at the upcoming trial of a co-defendant, a Manhattan federal judge said Monday.
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June 17, 2024
SEC Says Ripple's Remedies Not Comparable To Terraform's
The U.S. Securities and Exchange Commission fired back at blockchain firm Ripple Labs' claims that a recent settlement with Terraform Labs supports a lower penalty amount, saying it can't be a direct comparison given Terraform is in bankruptcy and has made significant concessions Ripple hasn't.
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June 17, 2024
No Coverage For Family Shareholder Row, 2nd Circ. Affirms
A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.
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June 17, 2024
FTX, Customers Lay Claim To SBF's $11B Forfeiture Tab
FTX told the New York federal court that hit the company's founder Sam Bankman-Fried with a 25-year prison sentence and an $11 billion forfeiture order that the now-defunct cryptocurrency exchange has a right to those funds, while a group of its former clients asserted a similar claim for itself.
Expert Analysis
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
NY Gubernatorial Absence Provision Is Obsolete And Harmful
An outdated provision in the New York Constitution means that the governor loses power whenever they leave the state, creating legal uncertainty and undermining confidence in the rule of law — but fortunately, the solution is straightforward, say Liam Turner and John Rogan at Fordham Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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How Advance Notice Bylaws Are Faring In Del. Courts
Recent decisions make it clear that the Delaware Chancery Court is carefully reviewing public companies' amended advance notice bylaws in order to balance the competing interests of boards and shareholders, and will likely strike down bylaws that improperly interfere with stockholder franchises, say attorneys at Olshan Frome.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Opinion
NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.