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New York
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October 02, 2024
2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers
A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.
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October 02, 2024
NY Judge Not Confused By Irish Butter Packaging
The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."
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October 02, 2024
14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule
A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.
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October 02, 2024
This Is L Can't Toss Tampon Misleading Labeling Suit
A New York federal judge on Wednesday declined to toss a suit alleging that This Is L. Inc. misleads consumers by advertising its tampons as having no "chlorine bleaching, dyes or fragrances" when it includes a pigment.
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October 02, 2024
2nd Circ. Prods NY Appeals Court To Weigh Foreclosure Law
The Second Circuit has urged a state appeals court to provide input on a ruling retroactively canceling U.S. Bank's attempt to foreclose on a Queens condo in 2016 by applying a six-year statute of limitations in the state's 2022 Foreclosure Abuse Prevention Act.
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October 02, 2024
Software Co. Settles Ex-Sales Director's Pregnancy Bias Suit
A New York-based software company agreed to settle a former sales director's lawsuit alleging it unlawfully gave away her job during her maternity leave and put her in a more junior role when she returned, according to a filing Wednesday in Connecticut federal court.
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October 02, 2024
NY Man Posed As Exec To Steal $810K Tax Refund, Feds Say
A New York man has been charged with intercepting an unnamed Connecticut investment firm's $810,337 tax refund and then impersonating an executive of the company to steal most of it.
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October 02, 2024
Brooklyn Man Cops To Placing Rigged NBA Bets
A Brooklyn man pled guilty Wednesday to conspiring with former NBA player Jontay Porter and several other men to place fraudulent bets on basketball games and guarantee payouts.
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October 02, 2024
'Netflix Of China' Beats Investor Suit Over Inflated User Claims
China-based streaming service iQIYI, dubbed the "Netflix of China," and another streaming service, Baidu Inc., have beaten proposed shareholder class action suits alleging the companies falsely beefed up iQIYI's user metrics, causing stock price drops when the truth was later revealed in a short seller report.
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October 02, 2024
Ranking House Dems Urge Swift DEA Action On Pot Reform
A pair of House Democratic committee ranking members have urged the Drug Enforcement Administration to act quickly to loosen federal restrictions on marijuana and suggested that federal agencies should consider descheduling the drug altogether.
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October 02, 2024
Settlement Talks Fizzle As Soccer Antitrust Fight Plows Ahead
Hopes for a quick resolution in the antitrust brawl between the U.S. Soccer Federation and promoter Relevent Sports LLC seem dashed as the two sides informed a New York federal judge that settlement talks have stalled.
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October 02, 2024
Fleetwood Mac Producer Says 'Stereophonic' Rips Off His Book
One of the producers of Fleetwood Mac's classic 1977 record album "Rumours," Kenneth Caillat, has accused the author of the play "Stereophonic" of swiping copyrighted material from his memoir "Making Rumours" to make the hit Broadway show.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
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October 02, 2024
M&A Vet Joins Debevoise In NY From Legal AI Co.
Debevoise & Plimpton LLP has boosted its New York office with a veteran mergers and acquisitions attorney who recently worked as chief product officer at legal-focused artificial intelligence company Harvey.
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October 02, 2024
Justice Roberts Names Judicial Conference Committee Chairs
Chief Justice John G. Roberts Jr. has reshuffled the leadership of the U.S. Judicial Conference, naming five new committee chairs and extending the terms of five current chairs by one year.
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October 02, 2024
Tilray Gets Investor Stock Suit Scrubbed For Good
A New York federal judge has dismissed with prejudice an investor suit alleging cannabis company Tilray Inc. and its officers misled investors about a co-branding agreement's prospects, saying the latest amended complaint fails to show that the company's CEO had intent to defraud or other nefarious motives.
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October 02, 2024
Cozen O'Connor Lobbying Shop Adds De Blasio Vet In NY
Cozen O'Connor Public Strategies, the international law firm's public affairs and lobbying arm, has grown with the addition of a veteran lobbyist who previously worked in New York City government, including with Mayor Bill de Blasio's office.
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October 02, 2024
NYC Mayor Adams May Face More Charges, Feds Say
Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.
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October 02, 2024
Teva Sales Workers Get $2.7M Unpaid OT Deal Approved
A New Jersey federal judge greenlighted a $2.7 million settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical company Teva of unlawfully denying them overtime wages during an extended training program.
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October 01, 2024
Pras Accuses Lauryn Hill Of Looting Fugees Tour Profits
Fugees rapper Prakazrel "Pras" Michel accused bandmate Lauryn Hill in a Manhattan federal lawsuit Tuesday of wresting control of the Grammy Award-winning group's brand and pocketing most of their reunion tour profits, allegations the "Killing Me Softly" singer vehemently denies.
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October 01, 2024
Merrill Lynch To Pay $2M FINRA Fine Over Trade Report Flaws
Merrill Lynch Pierce Fenner & Smith Inc. has agreed to pay the Financial Industry Regulatory Authority $2 million to settle allegations of trade-reporting compliance shortcomings, including its alleged failure to properly trace millions of relevant retail customer transactions for over a decade.
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October 01, 2024
CFTC Fines Barclays, 3 Others Over Swap Rule Violations
Barclays Bank PLC on Tuesday agreed to pay the Commodity Futures Trading Commission $4 million for swap reporting violations, and three other swaps market participants copped to reporting and safeguards violations and agreed to pay more than $2 million combined in settlements that drew criticism from one commissioner.
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October 01, 2024
Lyft Beats NY Wheelchair Access, Disability Bias Class Action
A New York federal judge on Monday threw out a long-running class action alleging that Lyft fails to offer adequate wheelchair-accessible vehicle options for riders in the vast majority of its service regions, finding that the plaintiffs' proposed modifications for increasing accessibility aren't reasonable.
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October 01, 2024
Peloton Beats Investor Suit Over COVID-19 Sales For Good
Peloton has won the permanent dismissal of a shareholder suit accusing it of intentionally misleading investors to believe that its COVID-19 spike in demand was sustainable, with a New York federal judge saying the investors have not "articulated sufficient factual allegations to carry their assertions beyond the speculative level."
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October 01, 2024
Attys Contest $1M Wrongful Conviction Referral Fee
A Michigan attorney has accused a well-known wrongful conviction lawyer of withholding nearly $1 million in fees she says she's owed for referring a client who went on to win an $8.5 million settlement for his imprisonment, though the client says the attorney didn't actually help him find the firm that ended up representing him.
Expert Analysis
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Mercon Coffee Ch. 11 Ruling Shows Insider Releases' Limits
A New York bankruptcy court’s recent ruling in Mercon Coffee’s Chapter 11 case highlights the stringent requirements for retention-related transfers to insiders, even in cases where no creditor has objected, say Robert Klyman and Scott Shelley at DLA Piper.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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2nd Circ. Case Reinforces Need For Advance Notice Bylaws
The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.