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July 31, 2024
Mercon Coffee's Ch. 11 Liquidation Plan Confirmed
A New York bankruptcy judge has confirmed the liquidation plan for coffee supplier Mercon Coffee Corp. after ruling earlier this month the company can't reward corporate insiders who stuck with it through its Chapter 11 case with a release from future litigation.
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July 31, 2024
Winston & Strawn Adds Chief Information Officer From Cooley
The longtime chief information officer at Cooley LLP has taken on the same role at Winston & Strawn LLP.
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July 31, 2024
BakerHostetler, Dechert Steer $2.3B CBIZ-Marcum Deal
Cleveland-based accounting firm CBIZ Inc. said Wednesday it has agreed to buy competitor Marcum in a $2.3 billion deal that will create the seventh-largest accounting services provider in the U.S.
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July 31, 2024
Biden's Latest Judicial Noms Include Ex-Congressman
President Joe Biden announced on Wednesday judicial nominees for district courts in New York, Georgia and Pennsylvania, one of whom is a former congressman.
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July 30, 2024
Guess, Macy's Settle IP Suit Over Artists' Graffiti Work
Guess Inc. and Macy's have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a California federal judge Tuesday.
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July 30, 2024
Patent Award 10 Times Higher Than Request Found Excessive
A New York federal judge Tuesday kept in place a jury's verdict holding that lighting fixture company Lutron Electronics Co. willfully infringed rival GeigTech East Bay's window shade patent, but said $34.6 million for damages is excessive and, instead, offered GeigTech $3.8 million or a new damages trial.
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July 30, 2024
Meta, TikTok Challenge 'Subway Surfing' Death Claims
TikTok and Meta Platforms have asked a New York court to separate claims against them in a suit over the death of a teen who allegedly took part in a "subway surfing" social media challenge, saying the claims against them are totally different from claims against a state transportation agency.
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July 30, 2024
FTX Exec Gets Prison Report Date Delayed After Dog Attack
A New York federal judge on Tuesday allowed ex-FTX executive Ryan Salame to delay his surrender date to begin his prison term from August to October, as he was forced to undergo medical treatment and surgery after being mauled by a German shepherd while visiting a friend's house last month.
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July 30, 2024
NYC Loses Injunction Bid In Texas Migrant Busing Suit
A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.
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July 30, 2024
Ex-HFZ Capital Chief Can't Reduce Bail In $86M Fraud Case
A Manhattan judge on Tuesday denied, for now, a request by the former head of troubled real estate firm HFZ Capital Group to lower a hefty bail requirement so he can get out of Rikers Island while fighting $86 million theft and tax fraud charges.
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July 30, 2024
Legalization Foes Mount New Challenge To NY Pot Program
A group of anti-cannabis activists renewed their challenge to New York's proposal to use public funds to help marijuana retailers launch their businesses, alleging in a new state court lawsuit that the policy violates federal law.
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July 30, 2024
AI Co. Says Actors Can't Prove Voices Are Theirs In IP Suit
A startup that makes software to create voice-over narrations slammed a complaint in New York federal court from two voice actors who allege the company has used their voices without permission, saying they have not plausibly claimed that the voices they have heard on YouTube and other places are actually theirs and not a computer-generated synthetic voice.
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July 30, 2024
Christie's Hit With Data Breach Suit Over Cyberattack
Christie's Inc. is facing a proposed class action filed Monday in New York federal court alleging the auction house failed to protect the information of 500,000 clients stemming from a cyberattack carried out by Ransomhub, which claims it sold the information on the dark web after Christie's refused to pay up.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
Feds, SEC Say Creator Of Crypto Co. BitClout Misled Investors
Federal prosecutors and the U.S. Securities and Exchange Commission announced parallel actions Tuesday against the founder of crypto project BitClout for allegedly duping investors and spending millions of proceeds for his own benefit.
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July 30, 2024
Randy Mastro Nominated As NYC Top Lawyer Amid Criticism
Renowned trial lawyer and King & Spalding LLP partner Randy M. Mastro was tapped to be New York City's next corporation counsel, Mayor Eric Adams announced Tuesday, over the objection of some city leaders.
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July 30, 2024
Milbank Guiding Chorus Aviation On $1.4B Sale Of Leasing Biz
Canada's Chorus Aviation Inc. said Tuesday it has agreed to sell its regional aircraft leasing business to investment funds managed by HPS Investment Partners for about CA$1.9 billion ($1.4 billion).
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July 30, 2024
Ackman's New Investment Fund Lowers IPO Target To $2B
Bill Ackman's new investment fund Pershing Square USA Ltd. set a $2 billion fundraising target for its initial public offering, down significantly from earlier estimates, according to a securities filing Tuesday, under guidance from Sullivan & Cromwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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July 29, 2024
NYC Prof And Purported Dissident A Chinese Spy, Jury Hears
A New York academic and author secretly acted as an agent of the Chinese government in the United States, a prosecutor told jurors on Monday, betraying pro-democracy activists by feeding information to China's intelligence service.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
Medical Co. Can't Get Alleged Fraudulent Arbitral Award Nixed
A New York federal judge has declined to vacate an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture, rejecting arguments that an agreement struck by the parties meant that a New York court could decide the issue.
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July 29, 2024
Rapper 6ix9ine Should Pay $73K For 'Stoopid' IP, Judge Says
Tekashi 6ix9ine should pay a Miami rapper more than $73,000 in copyright infringement damages plus attorney fees, a New York federal judge has recommended, finding that default judgment is appropriate because 6ix9ine has willfully failed to litigate the suit.
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July 29, 2024
2nd Circ. Backs $44.6M For Feds In Deadly Navy Ship Crash
The Second Circuit has upheld a New York federal judge's decision ordering Energetic Tank Inc. to pay the federal government more than $44.5 million in damages and prejudgment interest for its oil tanker's role in a deadly August 2017 collision with a U.S. Navy destroyer in the Singapore Strait.
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July 29, 2024
BofA, Citi Among Banks In $80M Deal To End Bond-Rig Suit
Units of Bank of America, Citigroup and other banking giants have agreed to pay $80 million to settle investor claims accusing them of conspiring to fix European government bond prices.
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July 29, 2024
7th Circ. Affirms Defective Protein Pouch Suit Came Too Late
The Seventh Circuit on Friday upheld a Wisconsin federal court's decision to dismiss a suit brought by a protein powder maker founded by a bodybuilder over the manufacturer of zipper pouches on the grounds that statutes of limitations and other laws barred its claims.
Expert Analysis
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.