• March 15, 2024

    Appeals Court Rejects Medical Cannabis User's Bias Suit

    A Connecticut appeals court refused to reinstate a former teaching assistant's lawsuit accusing a nonprofit of firing her because she has epilepsy, which she treats with medicinal cannabis, saying she failed to overcome the organization's argument that she was fired for being high around children.

  • March 15, 2024

    2nd Circ. OKs Mississippi River Charter For Swiss Cruise Co.

    The Second Circuit on Friday backed a federal maritime agency's granting of a Mississippi River charter to the U.S. arm of Swiss cruise line operator Viking Cruises Ltd., finding that the decision wasn't arbitrary or capricious, but the court declined to weigh in on the legality of such arrangements in general.

  • March 15, 2024

    Kwok Daughter Says Ch. 11 Judge Can't Hear RICO Suit

    The daughter of Chinese exile Ho Wan Kwok has implored a Connecticut bankruptcy judge to punt to the district court the civil Racketeer Influenced and Corrupt Organizations claims that a Chapter 11 trustee for her father leveled, contending they raise "significant issues involving non-bankruptcy federal law."

  • March 15, 2024

    Biz Groups Back Yale Win In 2nd Circ. ERISA Battle

    The U.S. Chamber of Commerce told the Second Circuit that Yale University employees are trying to set a "wildly impractical" standard in their request for a new jury trial after they were awarded zero damages in their suit accusing the school of saddling their retirement plan with high fees.

  • March 15, 2024

    Amazon Tells 2nd Circ. Security Screenings Aren't Work

    Amazon told the Second Circuit that the security screenings employees underwent after their shifts were over aren't work and should be compensated as such, urging the panel to keep a Connecticut federal court's ruling in its favor.

  • March 14, 2024

    US Trustee Knocks Plan To Shield Swiss Firm In Kwok Ch. 11

    The Office of the U.S. Trustee has criticized the planned terms of appointment for Prager Dreifuss AG as Swiss counsel to the Chapter 11 trustee overseeing the bankruptcy of Chinese exile Ho Wan Kwok, saying the proposed limitations on the firm's liability and expense reimbursement process are not up to snuff.

  • March 14, 2024

    2nd Circ. Affirms Breitling Fair Use Win In 'Red Gold' TM Suit

    A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc. fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase.

  • March 14, 2024

    NY High Court Says Out-Of-State Applicants Can Sue For Bias

    New York's highest court ruled Thursday that nonresidents who were denied employment in the state can bring claims under New York City and state anti-discrimination laws, settling a question that lower courts have long struggled with.

  • March 14, 2024

    Most States Fall Short In Disclosing Justices' Finance Reports

    The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.

  • March 14, 2024

    2nd Circ. Backs Health System's Win In COVID Vax Bias Suit

    The Second Circuit declined Thursday to reopen a former NYC Health and Hospitals employee's suit alleging he was fired because he refused to get the COVID-19 vaccine in accordance with his Christian beliefs, saying his new arguments on appeal can't be considered.

  • March 14, 2024

    2nd Circ. Keeps COVID Furloughs Suit Out Of Arbitration

    Three former Four Seasons hotel employees' yearslong COVID-related furloughs don't fall under their employment agreements and are therefore not arbitrable, the Second Circuit ruled, affirming a lower court's decision keeping the workers' suit in court.

  • March 13, 2024

    Judge Says COVID Test Suit Depends On Conn. Justices

     A Connecticut federal judge trimmed several claims from a $783,000 suit over a COVID-19 testing bill that a health plan administrator allegedly failed to pay, but declined to rule on certain state law issues until the state's highest court can shed light on the statutes in an upcoming ruling.

  • March 13, 2024

    Aetna Can't Avoid Bias Suit Over Fertility Treatment Policy

    Aetna must face a proposed class action alleging it readily covers fertility treatments for infertile heterosexual women but forces non-heterosexual women to spend thousands out of pocket before paying for their treatments, with a Connecticut federal judge saying it doesn't matter if the insurer didn't control the health plan's terms.

  • March 13, 2024

    Wash. Law Firm, Travelers Settle $136K Theft Coverage Fight

    A Seattle law firm and Travelers settled their coverage dispute over an employee's nearly $136,000 worth of unauthorized charges on a credit card, the parties told a Washington federal court.

  • March 13, 2024

    40-Nation Noncompete Must Be Nixed, Conn. Trader Says

    A Connecticut trader who quit his job at Rowayton-based Graham Capital Management LP is seeking a quick win on arguments that his two-year noncompete agreement, which he says bans him from working in more than 40 nations worldwide, is too broad to be enforced under Nutmeg State law.

  • March 13, 2024

    Split 2nd Circ. Frees Ex-Apollo Exec From SEC Fraud Fine

    A split Second Circuit panel on Wednesday released a former Apollo Management senior partner from a $240,000 civil penalty in a U.S. Securities and Exchange Commission suit alleging he used phony expense reports to fund a lavish lifestyle, saying there was no way for him to know that his customers would ultimately be charged.

  • March 12, 2024

    Bolt Financial's Chairman Is Controlling Board, Suit Says

    Stockholders of Bolt Financial Inc. on Monday updated their derivative complaint against the company's board of directors, alleging chairman, controlling shareholder and former CEO Ryan Breslow purposely defaulted on a $30 million loan that was secured by Bolt and that he has repeatedly appointed and removed directors for his personal interests.

  • March 12, 2024

    Retired Judge, 2 Trustees To Handle Conn. Clergy Abuse Claims

    A Connecticut bankruptcy judge has appointed Salvatore C. Agati, a retired Connecticut Superior Court judge and current partner at Carmody Torrance Sandak & Hennessey LLP, one of the Constitution State's largest law firms, to review abuse claims against the bankrupt Norwich Roman Catholic Diocesan Corp. of eastern Connecticut.

  • March 12, 2024

    2nd Circ. Revives Parts Of McKesson Whistleblower Suit

    The Second Circuit on Tuesday revived parts of a lawsuit brought by a McKesson Corp. whistleblower who accuses the pharmaceutical company of a kickback scheme, finding that the lower court should reconsider the claims that were brought under state anti-kickback laws.

  • March 12, 2024

    InBev's Modelo Tells 2nd Circ. Hard Seltzer Isn't Beer

    Anheuser-Busch InBev SA's Grupo Modelo on Tuesday asked the Second Circuit to set aside a jury's finding that its trademarks weren't infringed by rival Constellation Brands when it sold hard seltzer under the Corona brand, saying badly instructed jurors were wrong in finding that it's beer, pursuant to a contract between the two companies.

  • March 12, 2024

    Pharmacy Calls $11M False Claims Case A 'House Of Cards'

    A compounding pharmacy and its president trashed the Connecticut attorney general's $11 million false claims and kickback allegations against them as a "house of cards" that awarded "a sweetheart cooperation deal" to an alleged co-conspirator and improperly benefited private attorneys, calling instead for a judgment against the state.

  • March 12, 2024

    Businessman Hid $20M In Swiss Accounts, US Says

    A Brazilian-American businessman hid $20 million from the Internal Revenue Service over 35 years using accounts at Swiss banks including UBS and Credit Suisse, the U.S. government said in a criminal complaint that accuses him of conspiring to defraud the U.S. and lying to authorities.

  • March 12, 2024

    Customers Drop PFAS Claims Against Conn. Water Co.

    A trio of consumers who accused a Connecticut water company of overcharging them and providing water containing toxic "forever chemicals" withdrew their proposed class action from state court after the company argued it did not get to set its own price rates to begin with.

  • March 11, 2024

    Mexico Says High Court Long Shot Not Worth Halting Gun Suit

    The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.

  • March 11, 2024

    More Women Accuse Conn. Fertility Doc Of Using Own Sperm

    Two more former patients of a retired fertility doctor in Connecticut have filed accusations in state court that he secretly impregnated women with his own sperm, seeking to learn how many people knew about the formerly Yale-affiliated physician's conduct and how they managed to keep it hidden for decades.

Expert Analysis

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Title IX Grievance Rules Raise Due Process Questions

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    The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Opinion

    Civil Litigation Against Gun Businesses Can Reduce Violence

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    With mass shootings skyrocketing, and gun control legislation blocked by powerful interest groups, civil litigation can help obtain justice for victims by targeting parties responsible beyond the immediate perpetrator — including gun manufacturers, dealers and retailers, says Tom D'Amore at D'Amore Law Group.

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