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July 26, 2024
Ex-Magistrate Judge Picked To Oversee Texas Insurance Fight
A New York federal judge has appointed a former magistrate judge to oversee a dispute between a Texas school district and several insurers who allegedly stiffed the district $17 million in damages following Hurricane Hanna.
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July 26, 2024
Erroneous Background Check Cost Man HSN Job, Suit Says
A company that sells background checks to employers was hit with a federal lawsuit accusing it of incorrectly telling the Home Shopping Network that an applicant had a felony charge for distributing narcotics equivalent to cocaine, methamphetamine or fentanyl, when he was actually charged with selling marijuana.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Smartmatic Asks Court To Order Fox Exec To Answer Subpoena
A new front in the war between Smartmatic and Fox News has opened up in Florida, as the voting technology company is asking a Miami court to force a Fox News board member to respond to a subpoena issued in its $2.7 billion defamation suit in New York.
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July 26, 2024
Banco Popular Inks $1.5M Deal In Overdraft Fee Fight
The bank formerly known as Banco Popular North America has agreed to pay $1.5 million to customers who claim the bank hit them with unfair overdraft fees and suspend the challenged fees for five years as part of a proposed settlement to resolve their class action.
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July 26, 2024
WWE Founder Slams Accuser's Bid For Drug Treatment Info
A Connecticut federal judge should lift a six-month stay in a sexual abuse lawsuit against World Wrestling Entertainment Inc. long enough for ex-CEO Vince McMahon to try to block the accuser's parallel case in state court seeking information about mysterious, WWE-funded medical treatment she says she underwent, McMahon is arguing.
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July 26, 2024
Healthcare Software Co. Must Face Trimmed Data Hack Suit
NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.
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July 26, 2024
Indivior To Pay $86M To Settle Opioid Claims By 5 States
Indivior will pay $86 million to settle claims by a group of state attorneys general over the drugmaker's alleged contributions to the American opioid crisis.
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July 26, 2024
Two Admit Trying To Bribe IRS Official On China's Behalf
Two people admitted to secretly acting on behalf of the Chinese government and bribing an undercover agent in connection with a scheme to revoke the tax-exempt status of U.S. participants in a spiritual practice banned in China, according to New York federal court filings.
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July 26, 2024
Rising Stars: Wiley's Margaret T. Karchmer
Margaret T. Karchmer of Wiley Rein LLP got a $14 million judgment against Travelers Indemnity Co. reversed and helped Tokio Marine HCC escape a $75 million matter, earning her a spot among insurance law practitioners under age 40 honored by Law360 Rising Stars.
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July 26, 2024
Cuomo Harassment Document Fight Heads To NY Appeals Court
A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.
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July 26, 2024
Ex-Thompson Hine Atty Says Firm Can't Oppose NY Jurisdiction
Former Thompson Hine LLP income partner Rebecca Brazzano fired back at efforts by two firm partners to dismiss her lawsuit alleging sexual harassment, contending among other arguments that they waived their right to contest personal jurisdiction by filing another motion that attempts to force arbitration that didn't raise the jurisdiction issue.
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July 26, 2024
Winston Structured Finance Co-Chair Joins Reed Smith
Reed Smith has added the co-chair of Winston & Strawn's structured finance practice as a New York-based partner in its financial industry group.
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July 26, 2024
Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial
Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.
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July 26, 2024
NFL Leads Sports & Betting Cases To Watch For Rest Of 2024
Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.
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July 26, 2024
Alston & Bird Grows With Structured Finance Pro In New York
Alston & Bird LLP has expanded its finance team in New York, adding a partner with more than 20 years of experience advising on structured finance transactions and mergers and acquisitions.
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July 26, 2024
Taxation With Representation: Wachtell, Polsinelli, Kirkland
In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.
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July 26, 2024
Cannabis Litigation To Watch: Delta-8 And Residency Rules
In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.
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July 26, 2024
Subway Franchisor Wants Award Redo In Scrapped Pact Fight
The Subway sandwich chain's Canadian franchisor has urged a New York federal judge to amend his recent order granting a development company's petition to enforce an arbitral award, saying he wrongly refused to let it argue an important point about the arbitration process.
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July 26, 2024
Warner Bros. Challenges NBA's Lucrative New Amazon Deal
Negotiations over the rights to broadcast NBA games boiled over into New York state court Friday, with Warner Bros. Discovery accusing the league of improperly spurning its offer to extend their current partnership in favor of a new deal with Amazon.
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July 25, 2024
NY Jury Convicts Int'l Bank Safe Deposit Box Scammer
Following a seven-day trial, a New York federal jury in Brooklyn found a member of an alleged organized crime group guilty of stealing millions in cash and goods from European banks.
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July 25, 2024
Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter
The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.
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July 25, 2024
Fla. Judge Will Consider Coordination Of Truth Social Suits
A Florida judge said Thursday he would not formally consolidate two lawsuits related to the special purpose acquisition company deal that took Donald Trump's Truth Social public but said he would consider setting up some coordination for judicial efficiency.
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July 25, 2024
CSX Gets Trial Win In NY Railroad Switch Injury
A New York federal jury has sided with CSX Transportation Inc. in a suit by a man who alleged he was injured when a railroad switch closed on his foot, finding the company was not negligent on the day of the man's injury.
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July 25, 2024
Reed Smith's Rebeca Mosquera Takes Reins At ArbitralWomen
Reed Smith LLP attorney Rebeca Mosquera was elected earlier this month as the new president of ArbitralWomen, a position she told Law360 is "not only a great honor, but a huge responsibility."
Expert Analysis
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Antitrust In Retail: The Meaning Of 'Accessible Luxury'
In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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Perspectives
NY Chief Judge Spotlights Need To Strengthen Public Defense
In a recent concurrence in People v. Watkins, New York Chief Judge Rowan Wilson called attention to the necessity for greater investment in public defense services, highlighting not only the urgency of current crises, but the need to embrace a more ambitious vision of equal right to counsel, says Corey Stoughton at Selendy Gay.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.