New York

  • December 10, 2024

    2nd Circ. Revives Antitrust Suit Over Instagram Algorithm

    A split Second Circuit Tuesday revived defunct app Phhhoto Inc.'s claims that Meta Platforms used anticompetitive means, including an algorithm for Instagram to suppress rival content, to squash its business, finding that Phhhoto adequately alleged Meta's fraudulent concealment of an anticompetitive scheme would stretch out the four-year statute of limitations.

  • December 10, 2024

    2nd Circ. Backs Deloitte's Win In 401(k) Fee Suit

    The Second Circuit said a trial court correctly tossed a proposed class action by a group of workers claiming Deloitte saddled its $7.3 billion retirement plan with excessive recordkeeping fees, stating they couldn't overcome concerns that their claims amounted to comparisons of apples to oranges.

  • December 10, 2024

    Warner Bros., Comcast Settle 'Harry Potter' TV Show Fight

    Warner Bros. Discovery and Comcast's United Kingdom and European subsidiaries settled their contract dispute over co-production of a new "Harry Potter" television series Monday as part of a new long-term distribution deal between the two media giants.

  • December 10, 2024

    ESPN, Fox Blast DOJ 'Formalistic Distinction' In Fubo Case

    ESPN, Fox and Warner Bros. Discovery pressed the Second Circuit to upend a lower court injunction against their sports-only streaming service, taking particular aim at U.S. Department of Justice arguments asserting the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 10, 2024

    Utah Man Gets 9 Mos. For $7M Fraud With 'Housewives' Star

    A Manhattan federal judge sentenced a Utah resident to nine months in prison Tuesday, after the man admitted he worked with onetime reality TV star Jen Shah to build a fraudulent telemarketing empire that preyed on the elderly over a decade.

  • December 10, 2024

    NY DA Says Trump's 'President-Elect Immunity Does Not Exist'

    Prosecutors told the New York state judge presiding over Donald Trump's hush money case that "president-elect immunity does not exist" and that the court could delay sentencing — or even "terminate" the case without dismissing it.

  • December 10, 2024

    Davis Polk Leads Aerospace-Focused PE Firm To $2.2B Fund

    Middle-market private equity shop J.F. Lehman & Co., advised by Davis Polk & Wardwell LLP, on Tuesday announced that it clinched its sixth fund after securing $2.23 billion of investor commitments.

  • December 10, 2024

    NY AG Refuses To Drop $489M Fraud Case Against Trump

    The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

  • December 10, 2024

    Soft Landing For Pilot As Billionaire's Insider Case Wraps

    A pilot who admitted to dodging taxes on $500,000 in income after he was accused of taking stock tips from Joe Lewis, his billionaire boss, avoided prison on Tuesday at a sentencing that closed a high-profile insider trading prosecution.

  • December 10, 2024

    Biden Threatens To Veto Bipartisan Effort To Add Judgeships

    The White House on Tuesday threatened to veto legislation that would increase the number of federal judgeships nationwide after the measure lost support among Democrats postelection.

  • December 09, 2024

    Key House Dem Thinks Biden Will Veto Bill To Add Judges

    The House is poised to vote on a bipartisan bill to add the much-sought additional judgeships, but President Joe Biden's support is in question.

  • December 09, 2024

    Campbell's Accuses Rival Of Copying Iconic Can Design

    The Campbell's Co. is accusing a competitor of copying the soup giant's "famous and iconic" can design, claiming in a New Jersey federal court complaint that the other company intentionally leveraged the mimicry to its benefit.

  • December 09, 2024

    MIT Grads Say $25M Crypto Fraud Charges Not Rooted In Law

    The two Massachusetts Institute of Technology-educated brothers accused of a $25 million crypto heist have told a New York federal judge that the indictment against them is "far removed from the heartland of wire fraud" since their novel trades can't be considered misrepresentations and that they had no notice their activity would be considered unlawful.

  • December 09, 2024

    SocGen Unit To Pay FINRA $950K Over Fingerprinting Lapses

    A U.S.-based unit of French financial services company Societe Generale will pay a $950,000 fine to the Financial Industry Regulatory Authority to settle the self-regulatory organization's claims that the firm failed to fingerprint roughly 2,000 current and former employees at certain affiliates as required by law.

  • December 09, 2024

    NHL Dropped From Antitrust Suit By Junior League Players

    The junior-league hockey players who accused the North American developmental system of exploitation and abuse in a proposed antitrust class action voluntarily dismissed the NHL from the suit on Monday, less than two weeks after the Canadian Hockey League was dismissed by a New York federal judge.

  • December 09, 2024

    Justices Pan Broadway Producer's Blacklist Suit Revival Bid

    The U.S. Supreme Court has dashed a Broadway producer's hopes that it would breathe new life into his claims accusing a stage workers union of breaking antitrust laws by discouraging members from working with him following complaints about unpaid wages.

  • December 09, 2024

    US Air Withdraws Fight For $139M In Costs After Sabre Deal

    US Airways is dropping its demand for $139 million in attorney fees and costs after settling the issue with flight booking giant Sabre, a development poised to conclude the long-running New York federal court case accusing Sabre of monopolizing ticket distribution systems.

  • December 09, 2024

    2nd Circ. Mulls If DirecTV Has Standing In Retransmission Fight

    The Second Circuit is set to decide whether DirecTV's refusal to ink retransmission deals with two companies that it says were illegally collaborating with Nexstar Media Group means that it doesn't have injury to bring an antitrust suit accusing the companies of trying to fix prices.

  • December 09, 2024

    CFPB Gets Final OK For $950K Student Lender Settlement

    A New York federal judge has granted final approval to a $950,000 settlement reached between the Consumer Financial Protection Bureau and an online private student lender and its venture capital backer over claims that they duped borrowers into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."

  • December 09, 2024

    Prevagen Maker Ordered To Cease Memory Claims

    A New York federal judge on Friday upheld an injunction blocking Quincy Bioscience Holding Co. Inc. nationally from making claims that its supplement Prevagen can treat memory problems.

  • December 09, 2024

    2nd Circ. Compares Trader Joe's Execs' COVID Trips For Bias

    The way that Trader Joe's treated a similarly situated male employee is critical to the success of a sex discrimination lawsuit brought by a female ex-vice president who was fired after taking a vacation in the early days of the COVID-19 pandemic, judges of the Second Circuit suggested Monday.

  • December 09, 2024

    Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm

    Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.

  • December 09, 2024

    2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule

    The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.

  • December 09, 2024

    Boies Schiller Adds 2 Litigators In New York, San Francisco

    Boies Schiller Flexner LLP has hired two litigators for its New York and San Francisco offices, the firm announced Monday.

Expert Analysis

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    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.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    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.

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • An Update On Legal Issues In The Drone Market

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    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.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    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.

  • How Project 2025 Could Upend Federal ESG Policies

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    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.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    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.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    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.

  • Colorful Lessons From NYC's Emotional Support Parrot Suit

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    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.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    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.

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