New York

  • February 07, 2024

    EDTX Eclipses WDTX As Top Patent Venue

    The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.

  • February 07, 2024

    2nd Circ. Skeptical Of Reviving Investors' Breast Implant Suit

    The Second Circuit on Wednesday wondered whether there was enough evidence to revive a class action lawsuit accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, with the judges questioning investor claims that public statements addressing the concerns left out necessary information. 

  • February 07, 2024

    SEC Inks Deal To End Oppenheimer Muni Bond Disclosure Case

    The U.S. Securities and Exchange Commission has reached a settlement with Oppenheimer & Co., putting to rest a suit that was one of the commission's first-ever enforcement actions accusing underwriters of skirting municipal bond disclosure requirements, according to a letter filed Wednesday.

  • February 07, 2024

    NYCB Faces Investor Suit Over Signature Bank Takeover 

    New York Community Bancorp has been hit with a class action by an investor who claims the bank failed to disclose that it had a deteriorating book of loans which would, in turn, cause major losses and force it to cut its quarterly dividend to preserve capital, following its acquisition of assets from the now-defunct Signature Bank. 

  • February 07, 2024

    Goldman Sachs Fined By FINRA For Trade-Monitoring Failures

    Goldman Sachs agreed to pay over $500,000 to the Financial Industry Regulatory Authority to settle claims that it failed to include certain information in surveillance reports designed to identify potentially manipulative trading.

  • February 07, 2024

    Brazilian Oil Rig Creditors Cleared Of Asset Draining Claims

    A New York bankruptcy judge has dismissed two lawsuits worth $465 Million against U.S. and international banks accused of exploiting a complex sale-leaseback deal that purportedly drained the assets of the Brazilian oil and gas conglomerate Schahin Group, leading to its financial downfall.

  • February 07, 2024

    Eletson Creditors Seek Ch. 11 Trustee In Gas Tanker Feud

    Unsecured creditors of bankrupt gas tanker company Eletson Holdings asked a New York court on Wednesday to appoint a Chapter 11 trustee, saying the debtor did not cooperate with the committee and accused the families that control it of transferring assets without creditors' consent while "barely" participating in the case.

  • February 07, 2024

    Trump Trial Judge Gets Little Info On Exec's Alleged Perjury

    An attorney for Donald Trump and his companies' former chief financial officer Allen Weisselberg told the New York state judge presiding over their civil fraud trial Wednesday that she could not respond to "unsubstantiated" reports that the ex-CFO was in plea negotiations for allegedly lying on the stand, citing her ethical obligations.

  • February 07, 2024

    Lottery.com Beats Investor Suit Over Pre-IPO Disclosures

    A New York federal judge has dismissed consolidated securities class actions against third-party lottery website Lottery.com Inc., ruling that while some statements ahead of its 2021 initial public offering were false, the proposed class members failed to adequately allege the defendants intended to defraud investors.

  • February 07, 2024

    NRA Upped Compliance After AG Probe, Auditor Tells NY Jury

    An outside auditor for the National Rifle Association told jurors Wednesday in the New York fraud case against the gun rights group and its executives that the NRA is "very transparent" and has taken steps to address compliance deficiencies since the state's investigation began.

  • February 07, 2024

    Haynes Boone Partner Faces Suit Over Fund Transfer In Ch. 7

    The Chapter 7 trustee of a bankrupt New York diversity consulting firm has filed a suit in a New York bankruptcy court accusing the firm's president — a Haynes and Boone partner — of improperly transferring more than $623,000 to a different company under her control.

  • February 07, 2024

    Edward Jones Worker Says Race Quota Concern Led To Firing

    Edward Jones pushed out a Black marketing employee after he raised concerns that the company used illegal race quotas that favored white men in a quiz used to connect customers with financial advisers, according to a suit filed in New York federal court.

  • February 07, 2024

    4 Private Equity Firms Wrap Funds Totaling $1.45B

    Four private equity funds announced Wednesday that they have held final closings for investment vehicles that in total raised around $1.45 billion, the largest of which was a $900 million debut fund from Latham & Watkins LLP-led Coalesce Capital.

  • February 07, 2024

    Forbes Distributor Says Mexican Court Order Must Stand

    A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.

  • February 07, 2024

    6 Charged With Defrauding Court-Appointed Attorneys

    Six defendants were charged in Brooklyn federal court with stealing and cashing checks that were meant for court-appointed attorneys' legal work, prosecutors announced Wednesday.

  • February 07, 2024

    Insurers Reach Agreement In School Construction Injury Suit

    Travelers has ended its dispute over whether another insurer must defend a general contractor, school district and construction manager in a worker's personal injury lawsuit as additional insureds, after a New York federal judge on Wednesday approved the parties' mutual request to drop the action.

  • February 07, 2024

    Trainer Who Doped Horses Avoids Prison In Cooperation Deal

    A New York trainer who admitted drugging horses so that the outcomes of their races could be fixed avoided prison Wednesday after a Manhattan federal judge credited his extensive cooperation with prosecutors to include testifying at two trials.

  • February 07, 2024

    Travelers Must Cover $2M Tainted Benzene Load, Co. Says

    A multinational chemical company accused Travelers in New York federal court of unreasonably denying coverage for over $2.1 million it lost from a contaminated benzene shipment, saying the insurer must also cover costs incurred from suing at-fault parties since it further evaded its subrogation obligations.

  • February 07, 2024

    Construction Group Of The Year: Tannenbaum Helpern

    Tannenbaum Helpern Syracuse & Hirschtritt LLP worked on the reconstruction of major New York landmarks like Rockefeller Center and on office buildings in the city's Penn District business campus, earning the firm a spot among Law360's 2023 Construction Groups of the Year. 

  • February 07, 2024

    Ex-Wilmer Partner Among Biden's Latest District Court Picks

    President Joe Biden announced four judicial nominees on Wednesday morning to serve in district courts in New York, California and South Dakota.

  • February 06, 2024

    HHS Signs $4.75M Pact With NYC Hospital Over Data Theft

    A hospital in New York City's borough of the Bronx has agreed to pay $4.75 million and implement a corrective active plan to resolve the U.S. Department of Health and Human Services' claims that Montefiore Medical Center's "multiple" potential data security failings led to an employee stealing and selling thousands of patients' protected health information, the HHS said Tuesday. 

  • February 06, 2024

    Feds Say Mukasey Repping SBF, Mashinsky Possible Conflict

    Prosecutors alerted a New York federal judge Tuesday about a possible conflict stemming from Sam Bankman-Fried's recent hiring of Marc Mukasey, who also represents Celsius founder Alex Mashinsky in his criminal proceedings, noting Celsius lent money to Alameda Research, which repaid some of the loans using FTX's customer funds.

  • February 06, 2024

    SDNY Whistleblower Program Promises Rewards, Carries Risk

    A new whistleblower pilot program for corporate fraud and public corruption from the Manhattan U.S. Attorney's Office marks a significant departure from the district's traditional approach, but potential participants risk self-incrimination if they offer information the government already knows, former prosecutors warned.

  • February 06, 2024

    NY Court System Can't Duck Ex-Judicial Aide's Sex Abuse Suit

    A New York federal judge on Monday refused to toss a court employee's suit accusing the court system of conspiring to protect a judge she claims raped her, adopting a magistrate judge's report finding her retaliation and discrimination claims stemming from being placed on unpaid leave could constitute adverse employment actions.

  • February 06, 2024

    Nestle Ducks Baby Formula Antitrust Suit, But Not Gerber

    A New York federal judge on Tuesday cut Switzerland-based Nestle loose from a baby formula packager's antitrust suit alleging Gerber breached a contract and cut an anti-competitive agreement with Perrigo to stave off competition in major retail stores, but ruled that Perrigo and Gerber will have to continue fighting the claims.

Expert Analysis

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • 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.

  • 3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs

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    Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.

  • 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.

  • What SEC Retreat In Ripple Case Means For Crypto Regulation

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    The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • What's At Stake In Bystolic 'Side Deals' Litigation

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    In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.

  • Seized Art Ownership Row Highlights Importance Of Vetting

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    The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.

  • 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.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • 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.

  • Are CCOs Really In The SEC's Crosshairs?

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    U.S. Securities and Exchange Commission Enforcement Director Gurbir Grewal recently gave a speech to address the concerns of chief compliance officers in light of recent enforcement actions taken against them, but CCOs need to understand when to push back against management, quit, or report issues to the board or to regulators, say Brian Rubin and Adam Pollet at Eversheds Sutherland.

  • 2nd Circ. Holding Could Disrupt SEC Disgorgement Methods

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    A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.

  • A Closer Look At The Sen. Menendez Indictment

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    Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

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