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November 05, 2024
Nunes Can Search Maddow's Devices In Defamation Suit
A New York federal judge reopened discovery Monday in former Rep. Devin Nunes' defamation suit accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent, saying the MSNBC host's personal devices can be subject to a limited search.
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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
Susman Godfrey Opposes Fee Bid In $147.5M Insurance Deal
Susman Godfrey LLP lawyers have objected to three firms' requests for $36.9 million in attorney fees in a life insurance class action, saying they spent millions pressing similar New York and Pennsylvania claims being swept into an allegedly undervalued $147.5 million global settlement in Connecticut.
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November 05, 2024
Lululemon Brass Face Derivative Suit Over Inventory Issues
Officers and directors of activewear retailer Lululemon Athletica Inc. have been hit with a shareholder derivative suit alleging they concealed challenges including inventory allocation that ultimately hurt the company's sales.
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November 05, 2024
Manhattan DA Says Calif. Art Owner Can't Stop Looting Probe
The Manhattan District Attorney's Office has told a judge that a California art collector is improperly using federal litigation to interfere with an ongoing grand jury investigation into whether his ancient Roman statue was stolen from Turkey.
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November 05, 2024
MLB, Inventor Spar Over Viability Of Digital Ticket Patent
Major League Baseball's interactive division and the holder of a digital ticketing patent it is accused of infringing are both seeking sanctions against each other, amid the league's claim that the patent was abandoned during bankruptcy proceedings and cannot be asserted.
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November 05, 2024
Fubo Defends Block Of Sports Streaming Service At 2nd Circ.
Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.
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November 05, 2024
UBH Strikes Deal To End Mental Health Coverage Class Action
United Behavioral Health told a New York federal court Tuesday it needs more time to finalize an agreement that would resolve a class action alleging the insurance company denied coverage for mental health treatments it deemed "experimental" while paying for unproven remedies in other medical settings.
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November 05, 2024
Bright Health Beats Investor Suit Over COVID-19 Costs
The health insurer previously known as Bright Health Group Inc. no longer faces a proposed investor class action after a Brooklyn federal judge found that the company's initial public offering risk disclosures hadn't deliberately misled investors about its anticipated costs amid the COVID-19 pandemic.
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November 05, 2024
French Music Co. Hit With IP Suit Over Song Distributions
A French digital music business has been hit with a $500 million suit in New York federal court that claims it has been ripping off copyrighted song recordings owned by companies such as Universal Music Group by distributing allegedly manipulated tracks to social media platforms.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Shuttered NHL Talent Rep Wants $1.2M Finnish Arb. Suit Nixed
The owner of a now-defunct talent agency that represented professional hockey players has asked a Massachusetts federal judge to toss a $1.2 million lawsuit and said he intends to appeal a decision freezing his assets while the suit from a rival Finland–based management company proceeds in U.S. federal court.
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November 05, 2024
Lab Owner's Atty DQ'd After Repping Doctor In Fraud Inquiry
New Jersey prosecutors succeeded in disqualifying the lawyer for a lab owner accused of paying kickbacks to a New York City doctor in a $20.7 million fraud scheme because the attorney previously represented the doctor.
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November 05, 2024
New Fortress Energy Faces Investor Suit Over Outlook
New Fortress Energy was hit with a proposed investor class action in New York federal court alleging the natural gas company and its top brass misled investors about the company's growth and revenue outlook, which led to a stock drop once the truth came to light.
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November 05, 2024
Waste Co. Agrees To Settle Union Pension Withdrawal Suit
A municipal waste company has agreed to resolve a Teamsters pension fund's lawsuit alleging that the company owes over $7.5 million to cover a predecessor's unpaid contributions, a New York federal judge said Tuesday.
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November 05, 2024
Ex-Fabiani Cohen Atty Fights To Preserve Discrimination Suit
A Black female insurance and construction law attorney is urging a Manhattan federal judge not to toss her suit against her former firm, Fabiani Cohen & Hall LLP, arguing that though she was an equity owner, she was still an employee who could bring claims.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 05, 2024
Abortion Ballot Tracker: 7 States Add Protections As Fla. Effort Fails
Residents in seven states voted to enshrine abortion rights in their state constitutions Tuesday while similar efforts failed in three other states, including Florida, where a closely watched and hotly contested ballot issue couldn't muster enough support.
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November 04, 2024
Adams Loses Bid To Sanction Feds Over Alleged Leaks
A Manhattan federal judge Monday rejected New York City Mayor Eric Adams' bid to sanction the prosecutors handling his bribery and corruption case for allegedly leaking secret grand jury information to journalists, saying he hasn't shown the news articles contain protected information or that prosecutors were behind any leaks.
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November 04, 2024
UK Stock Pumper Admits To $100M Market Manipulation Rap
A London-based trader on Monday admitted to his role in what prosecutors say was a $100 million multi-faceted international stock manipulation scheme that used a Swiss asset manager tied to numerous claims of securities fraud to secretly control and falsely inflate the stock of several microcap companies.
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November 04, 2024
Justices Revive Immigration Case In Light Of Loper Bright
The U.S. Supreme Court on Monday vacated a Second Circuit decision denying a Chinese national's appeal of an immigration judge's removal order, citing its recent Loper Bright decision overturning decades-old precedent instructing judges about when they could defer to federal agencies' interpretations of law in rulemaking.
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November 04, 2024
NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'
The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.
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November 04, 2024
Turkish Co. Asks To End Sanctions As Kyrgyzstan Settles Suit
Kyrgyzstan has agreed to a settlement deal that resolves a Turkish company's suit to confirm an $11.6 million arbitral award it won after being forcibly ejected from its hotel project in the capital city of Bishkek, the company has told a New York federal judge.
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November 04, 2024
Hilton Gets $30M Punitive Damages Injury Award Cut To $10M
A New York federal judge has slashed a jury's punitive damages award from $30 million to $10 million in a suit accusing Hilton of causing a hotel guest's severe spinal injuries when it knowingly failed to replace defective bathroom doors, saying the award was excessive.
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November 04, 2024
Binance Says Lawsuit Can't Connect It To Terrorism Finance
Cryptocurrency platform Binance has asked a New York federal judge to toss a suit alleging the firm helped foster terrorist activity, saying that it "unequivocally condemns all acts of terrorism" and that the complaint does not connect the company to the alleged acts.
Expert Analysis
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NY Tax Talk: Questions In Corporate Franchise Tax Regs Case
In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Don't Phone A Friend: Disclosing Friendships With Executives
The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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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.