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Connecticut
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November 28, 2023
Sens. Question Anesthesia Co.'s 'Monopolistic' Model
Sens. Elizabeth Warren and Richard Blumenthal have asked the CEO of U.S. Anesthesia Partners to rethink its "monopolistic business model" and its use of noncompete agreements among doctors.
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November 28, 2023
Bannon Ally Says He Won't Flee If Released In $1B Fraud Case
Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
Alex Jones Can Earn $650K Salary While Working On Ch. 11
A Texas bankruptcy judge approved a cash collateral order Monday in the Chapter 11 case of bankrupt InfoWars purveyor Free Speech Systems that includes a bump in pay for right-wing conspiracy theorist Alex Jones, saying he didn't have enough evidence to grant the company's $1.5 million salary request as the company and its main moneymaker pursue Chapter 11 plans.
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November 27, 2023
Investment Co. Can't Send Coverage Suit Back To State Court
A Connecticut federal court refused to send an investment firm's suit seeking coverage for an employment discrimination action back to state court, finding that the firm's insurer satisfied the requirements for removal.
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November 27, 2023
2nd Circ. Lowers Bar For Prisoners' First Amendment Claims
A Second Circuit panel ruled Monday that prisoners do not have to prove they suffered a "substantial burden" on their religious freedom in order to bring a First Amendment claim, finding that legal standard improperly opens the door to courts determining the importance of religious events and practices.
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November 27, 2023
Ex-Conn. GOP Press Aide Can't Sue Over Job Loss, Court Told
A former spokesperson for Connecticut's Republican lawmakers failed to follow the necessary process to sue her ex-employer for allegedly pushing her to leave her job, the state argued Monday in asking a superior court judge to dismiss allegations of constructive discharge.
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November 27, 2023
Insurer Seeks Quick Win In Real Estate Atty's Hacking Claim
Arguing that a broad exclusion expressly prevents a payout, the National Liability & Fire Insurance Co. has told a Connecticut state court judge that it should win a feud over whether a professional liability policy protects an attorney allegedly tricked into wiring real estate closing payments to a hacker.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 27, 2023
Split 2nd Circ. Partially Revives Nine West Buyout Fraud Suit
A split Second Circuit panel revived some claims in a Chapter 11 suit brought by trustees of women's clothing retailer Nine West over more than $1 billion in allegedly fraudulent transfers, finding the U.S. Bankruptcy Code's safe harbor provision doesn't protect claims tied to $78 million in payroll transfers in the case.
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November 22, 2023
Tax Adviser Conflicted In Kwok Ch. 11, US Trustee Says
Eisner Advisory Group LLC should be disqualified as tax adviser for Ho Wan Kwok's Chapter 11 trustee, because the company has a conflict of interest stemming from previous work done for the exiled Chinese billionaire, the U.S. Trustee's Office told the Connecticut bankruptcy court.
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November 22, 2023
Conn. Worker Settles Suit Over Firing After Miscarriage
A staffing company and a distribution center have settled a case litigated by a Yale Law School clinic on behalf of a worker who claimed her bosses asked unlawfully about her plans to have another child and refused to accommodate her pregnancy before firing her after she miscarried at work.
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November 22, 2023
Closed Conn. Nursing School Resists $20M Class Remedy
The for-profit school Stone Academy urged a Connecticut state court Monday not to impose an "extraordinarily high" $20 million prejudgment remedy in a proposed class action over its February closure, arguing the former nursing students' case is too weak to assume they will win on the merits.
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November 22, 2023
Alex Jones' Co. And Creditors Propose Rival Ch. 11 Plans
Alex Jones' creditors have proposed a Chapter 11 plan framework in Texas that would let the bankrupt right-wing conspiracy theorist choose between liquidating his assets or paying $85 million of liabilities over 10 years, while Jones' company proposed a rival reorganization plan in its parallel bankruptcy case.
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November 22, 2023
Pharma Co.'s Complaint Is Over Nonexistent Recall, FDA Says
The U.S. Food and Drug Administration said SCA Pharmaceuticals LLC can't sue the agency for recommending a voluntary recall of its Connecticut-made products following an inspection of its facility because there was no formal recall on record.
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November 22, 2023
Connecticut Bank Seeks $2.3M From Historic Mansion's Sale
A Connecticut bank urged a state court to award it a $2.3 million share of a $3.05 million foreclosure sale of a historic mansion that operated as a boutique hotel.
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November 22, 2023
Conn. Seeks Ax Of Rest Stop Co.'s Wage Suit Defenses
Connecticut asked a state trial court to toss a highway rest stop operator's series of special defenses in the state's case accusing it of failing to pay food service employees nearly $2.7 million in wages, arguing that the defenses are not legally recognized by state law.
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November 22, 2023
Brown Rudnick Settles $1.3M Fee Row With Fugitive Trader
Brown Rudnick LLP agreed this week to a half-million-dollar settlement in a $1.3 million fee dispute with a fugitive former client the firm represented in multiple multimillion-dollar U.S. Securities and Exchange insider trading and fraud actions and who never paid the firm "a single dime" for its work.
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November 22, 2023
2nd Circ. Shelves Investor Suit Over Hard Seltzer Sales
A Second Circuit panel ruled Wednesday that a New York district court was correct to toss a suit against The Boston Beer Co., the brewer behind Truly Hard Seltzer, that accused the beverage company of hiding declining alcoholic seltzer sales.
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November 21, 2023
2nd Circ. Revives Suit Over Fatal Army Helicopter Crash
The Second Circuit ruled Tuesday that the Federal Aviation Act's preemption of aircraft safety laws doesn't extend to military aircraft, breathing life back into a lawsuit brought by families of two U.S. Army pilots who perished in a helicopter crash during a training exercise in 2011.
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November 21, 2023
Toll Bros. Fights To Keep Suit Alleging Botched $12M Deal Alive
The home security division of Pennsylvania-based homebuilder Toll Brothers Smart Home Technologies Inc. has objected to a bid to throw out almost all of its claims in a lawsuit alleging that a Connecticut-based security company botched a deal for $12 million in customer accounts.
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November 21, 2023
16 AGs Say Arbitration Carveout Covers Delivery Drivers
A group of 16 attorneys general told the U.S. Supreme Court that requiring courts to determine whether workers are exempt from the Federal Arbitration Act based on the industry they are in goes against Congress' intent.
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November 21, 2023
Fragrance Co. Defeats $8M Suit Over Procter & Gamble Deal
Carrubba, a Connecticut producer of botanical fragrances, has defeated allegations that it breached a 2006 contract and failed to pay a Native American-owned company $8 million for helping it secure a lucrative deal with Procter & Gamble.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
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.
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The Case For Post-Bar Clerk Training Programs At Law Firms
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.
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Attorneys Have An Ethical Duty To Protect The Judiciary
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.
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AI Can Help Lawyers Overcome The Programming Barrier
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.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
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.
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Preparing Law Students For A New, AI-Assisted Legal World
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.
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Employer Takeaways From 2nd Circ. Equal Pay Ruling
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.
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General Counsel Need Data Literacy To Keep Up With AI
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.
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Opinion
Civil Litigation Against Gun Businesses Can Reduce Violence
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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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.