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New York
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November 20, 2024
Lululemon Execs Hit With Derivative Suit Over DEI Program
Lululemon leadership was hit with a shareholder derivative suit Wednesday claiming they made false statements related to the company's new "Inclusion, Diversity, Equity and Action" program that artificially boosted the company's stock price and also concealed problems with the company's inventory allocation.
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November 20, 2024
Adani Group Chairman Charged In Sprawling Bribery Case
Prosecutors unsealed a sprawling criminal indictment in New York federal court Wednesday, accusing Adani Group Chairman Gautam S. Adani and seven others of orchestrating a $250 million bribery scheme to secure lucrative Indian government renewable energy contracts, while misleading investors about the Adani Group subsidiary's dealings.
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November 20, 2024
2nd Circ. Doubts Error In Tenant Screener's FHA Suit Win
A Second Circuit panel appeared skeptical Wednesday that a Connecticut federal judge used the wrong analysis to find that a tenant screener's criminal history reporting practices do not violate the Fair Housing Act, grilling counsel for the federal government about the lower court's process.
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November 20, 2024
US Called Upon To Lead Cross-Border Payment Overhaul
A senior official with the U.S. Department of the Treasury has warned that wide adoption of a poorly designed, cross-border payment system could threaten international financial stability and economic security, advising the U.S. to take the lead in developing and governing such systems.
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November 20, 2024
Apple Tapped With Patent Suit Over IMessage 'Tapbacks'
A lawsuit filed Wednesday in the Southern District of New York accuses Apple of infringing two patents through some of the newer features of its iMessage app that allow people to react and respond to particular texts.
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November 20, 2024
Judge Opens Path For Ex-Yale Student's Asylum Bid
A Connecticut federal judge has illuminated a potential path for an expelled Yale student to send his sex assault accuser's name to immigration officials, suggesting that submitting a state trial transcript would "not seem to run afoul" of a magistrate judge's ban on otherwise naming the woman.
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November 20, 2024
Nike Accused Of 'Smear Campaign' Over $60M Trademark Suit
A Los Angeles-based company that made customized sneakers for celebrities and athletes hit back Tuesday at Nike's $60 million trademark suit, saying that despite the companies' previous collaborations, Nike is now making knowing false claims in a "smear campaign" to crush its business.
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November 20, 2024
Xerox Faces Investor Suit Over 'Reinvention' Strategy
Business technology company Xerox Inc. has been hit with a proposed shareholder class action in New York federal court alleging the company's stockholders were harmed by a "reinvention" strategy it introduced in 2023 that yielded lower sales and revenue.
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November 20, 2024
Veggie Co. Hit With False Ad Suit Over E. Coli Outbreak
A proposed class of consumers is suing Grimmway Enterprises Inc., alleging that it failed to disclose that its whole and baby carrot products were or could be contaminated with e. coli, deceiving buyers into thinking they were safe for consumption.
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November 20, 2024
Atty Seeks Ruling Letting Him Sell Unlicensed NFL Merchandise
A man representing himself pro se has argued in a New York federal complaint that he should be allowed to sell unlicensed National Football League merchandise that features team designs and logos, because his use is "functional" and allowed without a license.
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November 20, 2024
Trump Seeks Dismissal Of Central Park Five Defamation Suit
President-elect Donald J. Trump has told a Pennsylvania federal judge that a lawsuit brought by the Central Park Five should be dismissed, calling their allegations that he defamed them with comments about their criminal case "meritless" and saying his statements are protected as public expression under the state's anti-SLAPP statute.
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November 20, 2024
Hinshaw Brings On Ex-JPMorgan Counsel From Ballard Spahr
A Ballard Spahr LLP attorney and former in-house counsel for JPMorgan Chase & Co. has joined Hinshaw & Culbertson LLP as a partner in the firm's consumer financial services practice group in New York, where he will advise banks, lenders and fintechs on state and federal regulations, compliance matters and litigation.
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November 20, 2024
Asylum Grant Rates Under Biden Drop To 35.8%
Immigration judges are granting fewer asylum requests, with the latest data showing that asylum approval rates have dropped from above 50% earlier in President Joe Biden's administration to roughly 35.8% in October, according to a report published Tuesday.
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November 20, 2024
Archegos Founder Gets 18 Years For Massive Market Fraud
Bill Hwang, the founder of collapsed hedge fund Archegos, was sentenced Wednesday to 18 years in prison after he was convicted of lying to banks in order to secure billions of dollars in loans used to manipulate the market.
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November 20, 2024
Cleary Hires Milbank Atty For Capital Markets Team
Cleary Gottlieb Steen & Hamilton LLP announced the addition of a former Milbank LLP transactional attorney to its New York office on Wednesday, saying she will be an asset for its capital markets clients.
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November 20, 2024
Weil Litigation Leaders Jump To Paul Weiss In NY
The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.
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November 20, 2024
Trump Wants 'Immediate Dismissal' Of NY Hush Money Case
President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.
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November 20, 2024
Bankman-Fried Tech Deputy Who Parsed Code Avoids Prison
A Manhattan federal judge allowed tech expert Zixiao "Gary" Wang to avoid jail Wednesday for his role in the $11 billion FTX fraud, crediting his effort to detail programming "back doors" that enabled Sam Bankman-Fried to loot the bankrupt crypto exchange.
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November 19, 2024
Pfizer Unit Can't Get $75M Left In Insider Trading Deal Fund
A New York federal judge Tuesday agreed with the U.S. Securities and Exchange Commission that roughly $75.2 million leftover in settlement funds should be transferred to the U.S. Treasury — not a Pfizer subsidiary — now that distribution of the $602 million insider trading deal has concluded.
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November 19, 2024
Ex-OpenSea Staffer Says Insider Trading Verdict Must Fall
A former OpenSea manager accused of insider trading from digital tokens sold on his employer's platform urged the Second Circuit Tuesday to overturn his conviction, saying his ideas about what to feature on his company's website cannot be construed as property.
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November 19, 2024
Finnish Sports Co. Fights NHL Agent's Bid To Ax $1.2M Suit
A Finnish sports talent corporation has slammed an NHL agent's bid in Massachusetts federal court to toss its lawsuit over $1.2 million in arbitration awards, saying he has systemically used shell companies to dodge collection of the judgments against him.
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November 19, 2024
Personal Injury Atty Buzbee Accused Of Assault, Malpractice
Tony Buzbee, a high-profile Texas personal injury lawyer known for representing women who have accused Sean "Diddy" Combs and Deshaun Watson of sexual abuse, was hit with a legal malpractice suit in New York state court Tuesday alleging that he assaulted a client seeking a divorce and deprived her of millions of dollars in settlement funds.
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November 19, 2024
Jury To Decide If Gemini's Bitcoin Statements Were False
A New York federal judge has found that crypto exchange Gemini Trust Co. was the "maker" of alleged misrepresentations to the Commodity Futures Trading Commission about its plans to offer bitcoin futures contracts, but a jury will have to decide if the statements were materially false or misleading.
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November 19, 2024
AI School Tech Founder Stole $10M From Investors, DOJ Says
The founder of AllHere Education Inc., a startup venture that sold artificial intelligence-powered chatbots to schools, is charged with fleecing investors out of nearly $10 million by lying about the company's revenue and using some of the money to pay for her wedding and a house, New York federal prosecutors announced Tuesday.
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November 19, 2024
Ex-US Attorneys See Risks In Working Under Gaetz
Some prospective U.S. attorneys may think twice about joining the U.S. Department of Justice if Matt Gaetz ends up in charge, veterans of the position told Law360.
Expert Analysis
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.