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July 22, 2024
Fifth Third Sued In $20M Escrow Dispute Over Dividend Solar
A private equity seller of a solar panel fintech lender that Fifth Third Bank bought in 2022 has sued the bank in New York federal court to free up $20 million in indemnity escrow funds that it alleges the bank has tried improperly to withhold over state investigations tied to the fintech.
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July 22, 2024
Zurich Unit Needn't Cover Motorcyclist's Crash Dispute
The Third Circuit affirmed a Zurich unit's win Monday in a dispute over coverage for a boiler company sued by a motorcyclist injured in a crash with a company employee, saying not only are the motorcyclist's claims untimely, but the company's policy excludes coverage for the accident.
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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit
More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.
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July 22, 2024
Groups Ask 3rd Circ. To Reverse Medicare Drug Price Rulings
A conservative group was one of several organizations to file amicus curiae briefs with the Third Circuit on Friday urging it to reverse a lower court's finding that Medicare's ability to negotiate drug prices with pharmaceutical companies does not run contrary to the companies' constitutional rights.
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July 22, 2024
Anthem Blue Cross Wants Lab's $3.8M Suit Tossed
Anthem Blue Cross Blue Shield of Connecticut has asked a federal judge to toss a medical lab's lawsuit seeking nearly $3.8 million from it for refusing to pay for or underpaying for lab work and COVID-19 tests, arguing the claims are "baseless."
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July 22, 2024
Secret Service Ripped By Lawmakers For Trump Rally 'Failure'
U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.
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July 22, 2024
Former Judge On Trump Assassination Attempt Panel
A former federal judge who previously sat on an oversight panel for the Secret Service was among those the U.S. Department of Homeland Security announced on Sunday would conduct an independent review of the July 13 assassination attempt on former President Donald Trump.
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July 19, 2024
Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.
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July 19, 2024
Pa. Justices Let Enviro Groups Join Cap-And-Trade Fray
The Supreme Court of Pennsylvania was of at least four different minds Thursday when it ruled that several environmental groups could finally intervene in litigation that has blocked the state from joining a regional carbon cap-and-trade program.
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July 19, 2024
Pa. Court Asked To Weigh Rahimi Against Pot Patient Gun Ban
The U.S. Attorney General's Office said that a Pennsylvania federal court considering the constitutionality of a federal ban on gun possession by medical cannabis patients should consider the U.S. Supreme Court's recent U.S. v. Rahimi ruling that upheld a gun ban for domestic abusers.
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July 19, 2024
Amazon Gets Tainted Eye Drop Suit Pared Down
A Pennsylvania federal judge has trimmed claims from a woman's lawsuit against Amazon and multiple drug companies alleging she had to have her left eye surgically removed after using EzriCare eye drops linked to an outbreak of an infectious bacteria.
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July 19, 2024
Elite Schools' $284M Aid-Fixing Deals Get Final OK
An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.
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July 19, 2024
Pa. Judge Orders Accused RE Fraudster To Pretrial Detention
A Pennsylvania federal judge has ordered an accused real estate fraudster to pretrial detention, finding that his previously undisclosed ties to Panama and the fact that he is charged with using fake identities in furtherance of an alleged scheme make him a flight risk.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
Ocugen Execs Hit With Derivative Suit Over Shoddy Controls
The top brass at biopharmaceutical company Ocugen Inc. were hit with a derivative suit alleging the company's lack of effective internal financial controls caused it to be misvalued and allowed shareholders to approve proposals based on incomplete information.
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July 18, 2024
Moody's Says White Ex-Director's Depo 'Fatal' To Bias Suit
Financial analytics company Moody's on Wednesday told a Pennsylvania federal judge that it was clear a former employee who sued it for discrimination wasn't fired for being white and old, pointing to his "fatal" admission that he'd still be employed had he responded to a company vaccination survey.
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July 18, 2024
Urban Outfitters Freed From Class Claims Over 'Spy Pixels'
A Pennsylvania federal judge said an Arizona woman lacked standing to bring a class action against clothing retailer Urban Outfitters over its alleged use of "spy pixels" to track customer activity because she failed to show a violation of that state's recording laws.
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July 18, 2024
Cozen O'Connor Targets Penny Stock Co. CEO For Legal Fees
Cozen O'Connor is asking a Connecticut state court judge to affirm two Pennsylvania judgments against a penny stock company CEO who lost a federal enforcement action, alleging Bernard Findley and two of his companies owe nearly $750,000 in legal fees.
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July 18, 2024
Blank Rome Adds Reed Smith Trio In Houston, Pittsburgh
A team of three former Reed Smith attorneys specializing in financial transactions in the energy sector have recently moved their practices to Blank Rome LLP's Houston and Pittsburgh offices.
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July 18, 2024
Pa. Office Blasts Atty's Blown Deadlines, Deflections Of Blame
A disbarred Philadelphia attorney shouldn't be reinstated because his missed deadlines and deflections of blame indicated that he had not moved on from the behavior that lost him his licenses to practice in Pennsylvania and Florida, the Office of Disciplinary Counsel told a state panel Thursday.
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July 18, 2024
Ex-Pa. DA Suspended Over Alleged Prosecutorial Misconduct
The former district attorney of Bedford County, Pennsylvania, had her law license suspended Tuesday after multiple cases she oversaw during her time in office ended up being dismissed due to prosecutorial misconduct.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.