New York

  • November 28, 2023

    Chinese Biz Escapes Herbal Tea TM Dispute

    A New York federal judge has ruled that a Chinese holding company will not have to face a trademark infringement suit over a rival's herbal tea beverage label, finding the company was not responsible for its U.S. licensees' business dealings.

  • November 28, 2023

    ​​​​​​​MSG Can't Duck NY Liquor License Probe Over Atty Ban

    The New York State Liquor Authority has the right to review Madison Square Garden's liquor licenses over its policy of banning lawyers suing the company and its owner from entering its venues in New York City, a state appeals panel ruled this week.

  • November 28, 2023

    Ex-Trader Admits Sharing Nuveen Info In Front-Running Scam

    A former Nuveen trader copped to insider trading charges in New York on Tuesday, telling a Manhattan federal judge he fed details about the big asset manager's planned market moves to an accomplice in what prosecutors have called a $47 million front-running conspiracy.

  • November 28, 2023

    Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch

    The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.

  • 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.

  • November 28, 2023

    Senate Confirms Longtime SDNY Official To Bench

    The Senate voted 49-46 on Tuesday to confirm Margaret M. Garnett, special counsel to the U.S. attorney for the Southern District of New York, to serve on the district's bench.

  • November 28, 2023

    United To 'Aggressively' Push For Low-Cost Flyers, Exec Says

    A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering. 

  • 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.

  • 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.

  • November 28, 2023

    Mich. Con Artist Gets 17 Years For Trucking Ponzi Scheme

    A Manhattan federal judge sentenced a Michigan man who previously served time for fraud to over 17 years in prison Tuesday after he admitted taking $40 million from investors who thought they were backing a lucrative e-commerce trucking business.

  • November 28, 2023

    Reporter Says NFL's Stance On Racism Suit 'Abhorrent'

    Attorneys for award-winning sports journalist Jim Trotter have responded to the National Footbal League's plan to file a motion to dismiss his racial discrimination and retaliation lawsuit, penning a letter calling the motion "frivolous" and the league's defense against his allegations "morally abhorrent."

  • November 28, 2023

    LIVE COVERAGE: Day 35 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Follow along here.

  • 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.

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    2nd Circ. Remains Mum In Hearing Over Panama Discovery

    The Second Circuit did little to tip its hand during oral arguments aimed at resolving whether federal courts can order discovery for arbitration before the International Centre for Settlement of Investment Disputes, asking few questions during a 22-minute hearing concerning controversy over expanding the Panama Canal.

  • November 27, 2023

    NY Judge OKs $1.65B Voyager Settlement With FTC

    A New York federal judge has approved a settlement ordering bankrupt cryptocurrency lender Voyager Digital and its ex-CEO to pay $1.65 billion for misleading investors about the safety of their money prior to the firm's collapse.

  • November 27, 2023

    Celsius Creditors Balk At $281K In Bidder's Ch. 11 Fees

    The official committee of unsecured creditors in the Chapter 11 case of cryptocurrency lending platform Celsius Network opposed the payment of $281,000 in fees requested by a bidder that lost an auction for the reorganized debtor's assets, saying the code doesn't cover such expenses from a debtor's estate.

  • November 27, 2023

    Judge OKs Investor Attys' $19.2M Fee For Libor-Rigging Deals

    A New York federal judge on Monday approved a $19.2 million award for attorneys representing investors in a Libor-rigging case against several financial institutions for their role in securing multiple settlements totaling over $74 million.

  • November 27, 2023

    Barretts Minerals Pressured To Move Ch. 11 Case To Montana

    The Texas bankruptcy case of Barretts Minerals Inc. should be moved to Montana because the company's ties to Texas are tenuous, the Future Claimants Representative for asbestos victims told the court Monday.

  • November 27, 2023

    Ex-JPMorgan Traders Want CFTC Spoofing Case Kept On Ice

    A convicted pair of former JPMorgan Chase precious metals traders have asked an Illinois federal judge to continue a stay on a parallel Commodity Futures Trading Commission action against them, arguing that the CFTC is trying to rush judgments before appeals on their criminal convictions can be heard.

  • 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.

  • November 27, 2023

    Colombia Oil Co. Wants To Challenge McDermott Restructure

    A Colombian state-owned oil company says it has a $1 billion arbitration award on the line and needs permission from a New York federal judge to subpoena a hedge fund manager so it can protect its interests while the company that owes the money restructures in the Netherlands and England.

  • November 27, 2023

    Horizon Bank Says Investor Suit Omits Relevant Market Info

    Horizon Bancorp Inc. wants to dismiss a suit accusing it of artificially inflating its shares by making false and misleading representations about its financial controls, saying among other things the plaintiff omits key information about market conditions during the suit's relevant period, which overlaps with the collapse of Silicon Valley Bank.

  • November 27, 2023

    Robinhood User Says Platform Withheld Info From Investors

    Robinhood and four companies whose shares were available for purchase through the platform are being accused of failing to alert an investor to significant developments, including a reverse stock split and two acquisitions, in a pair of lawsuits filed in Massachusetts state court.

  • 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.

Expert Analysis

  • 5 Steps To Meet CFTC Remediation Expectations

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    After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.

  • 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.

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