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August 29, 2024
2nd Circ. Allows Google Advertisers To Wait To Appeal Loss
The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.
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August 29, 2024
Mars Wrigley Must Face False Ad Suit Over 'Real Cheese'
Snack maker Mars Wrigley could not escape claims it falsely advertised its Cheddar Cheese Combos as being made with "real cheese," after a New York federal judge ruled that consumers' adequately showed they paid a premium for inferior "cheese substitute."
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August 29, 2024
Judiciary Group Urged To Table 'Mega' Bankruptcy Panel Ban
A subcommittee urged the Judicial Conference's bankruptcy rule advisory committee to hold off on considering a ban on so-called mega bankruptcy panels at an upcoming meeting, saying a different committee's work overlaps with a rule proposed to curb the controversial practice.
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August 29, 2024
NLRB Rejects Amazon Challenges To Staten Island Union Win
The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.
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August 29, 2024
Nigerian Fintech Ex-CEO Hit With $32M Fine In SEC Fraud Suit
A New York federal judge levied a nearly $32 million penalty against a Nigerian businessman whom the U.S. Securities and Exchange Commission has accused of fraudulently inflating the value of his food and agriculture technology businesses, while also ordering him and various affiliated businesses to cough up hundreds of millions of dollars in disgorgement and prejudgment interest.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Trucker Urges Justices To Back Wide RICO Scope In CBD Case
A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.
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August 29, 2024
Chicago Museum Clinging To Nazi-Looted Art, NY Court Told
A prosecutor in the Manhattan District Attorney's Office argued in court Thursday that the Art Institute of Chicago is ignoring the horrors of the Nazi regime as it "desperately" attempts to hold onto a Holocaust victim's stolen Egon Schiele drawing.
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August 29, 2024
Judge Trims Assault, Wage Claims Against Long Island Cafe
A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.
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August 29, 2024
GM Can't Shake Off Shuddering-Transmission Class
General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.
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August 29, 2024
Barstool Sports Settles 2 Federal Copyright Suits In NY
A photographer and videographer, who separately accused Barstool Sports of using their copyrighted material without permission, have settled and subsequently dropped their New York federal lawsuits against the media company.
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August 29, 2024
Feds Say Ex-BigLaw Atty Can't Shake OneCoin Conviction
Federal prosecutors have told the Second Circuit that former Locke Lord LLP partner Mark S. Scott has "greatly exaggerate[d]" the importance of testimony from a government witness, some of which was later shown to be perjury, in a bid to have his money laundering conviction reversed.
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August 28, 2024
Feds Say Multimillion-Dollar 'Surge' Scheme Bilked Uber Riders
New York federal prosecutors on Wednesday accused two men of leading a yearslong scheme that allowed hundreds of Uber drivers to use illicit apps, including some named Screwber and FakeGPS, to manipulate the rideshare market and gain millions of dollars from riders in fraudulent surge fees.
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August 28, 2024
SEC Says Repeat Offenders Ran Medical Co. Investment Scam
The U.S. Securities and Exchange Commission has reached a settlement with one of two men it accused of inflating the price of a healthcare company before an initial public offering with a shell company, saying he has violated a trading bar from the agency's previous suit against him.
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August 28, 2024
BofA Units Fined $3M Over Trade Surveillance Compliance
Two Bank of America units have agreed to pay $3 million to settle the Financial Industry Regulatory Authority's claims that they did not sufficiently safeguard against potentially manipulative trading by customers.
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August 28, 2024
J&J Spinoff Beats Suit Over Tylenol 'Rapid Release' Labels
A New York federal judge tossed Tuesday a proposed class action accusing a Johnson & Johnson spinoff of misleading consumers by falsely claiming Tylenol's "Rapid Release" gelcaps relieved pain faster than alternative acetaminophen pills, finding the consumer's state claims are preempted by federal regulations.
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August 28, 2024
Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
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August 28, 2024
2nd Circ. Affirms Ex-GE Engineer's Espionage Conviction
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
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August 28, 2024
'Big Baby' Scores Delayed Prison Date In Health Fraud Case
Former Boston Celtics forward Glen "Big Baby" Davis won approval from a Manhattan federal judge Wednesday to push back his prison surrender date on healthcare fraud charges so he can wrap up production of a documentary film.
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August 28, 2024
Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
Taliban And Iran Ordered To Pay $144.7B For 9/11 Attacks
A New York federal court issued judgments requiring the Taliban and the Iranian government to pay $144.7 billion to thousands of people who were directly injured or lost loved ones in the 9/11 terrorist attacks.
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August 28, 2024
The NFL-Approved PE Firms That Can Now Invest In Teams
The NFL made a landmark decision Tuesday to approve private equity ownership of teams, making it the last major North American sports league to bring PE dollars into the mix. It’s not a free-for-all, however; to start, the league selected specific funds that are now allowed to take non-controlling interests in teams. Here, Law360 looks at the approved investment players.
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August 28, 2024
NY Biz Group Rips FTC Suit Over $8.5B Luxury Handbags Deal
A New York City business group is urging Empire State Democratic lawmakers to oppose the Federal Trade Commission's "ideologically motivated litigation" to block an $8.5 billion deal that would bring together brands including Michael Kors, Kate Spade and Coach.
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August 28, 2024
Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit
A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.
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August 28, 2024
Biden's Latest Judge Nominees Include Pick For Northern NY
President Joe Biden announced judicial nominees on Wednesday for federal district courts in New York, New Mexico and Arizona.
Expert Analysis
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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Until Congress Acts, EDNY 'Insider Betting' Case Is Premature
The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.