New York

  • October 15, 2021

    2nd Circ. Lets NYC Teacher Vax Mandate Stand

    A Second Circuit panel on Friday rejected claims from a group of New York City educators who argued that the city's COVID-19 vaccine requirement for public school teachers is unconstitutional, affirming a lower court's decision that preserved the mandate. 

  • October 15, 2021

    Opioid Inquiry Faults Arnold & Porter But Rejects Some Relief

    Arnold & Porter engaged in sanctionable conduct by failing to divulge key documents from Endo Pharmaceuticals before and during a New York opioid trial, but certain requests for harsh discipline aren't warranted, a retired judge wrote in a court-commissioned report released Friday.

  • October 15, 2021

    Jay-Z Spied On Witness To Force In-Person Testimony At Trial

    Jay-Z's attorney hired a private investigator to surveil the former president of the perfume company suing the hip-hop mogul, according to new court documents filed Friday night that argue the executive's doctor's notes submitted to help him avoid testifying in person don't pass the smell test. 

  • October 15, 2021

    DOJ Tells 2nd Circ. FIFA, US Soccer Pleading Standard Wrong

    The U.S. Department of Justice told the Second Circuit a lower court set the bar too high when it found that a sports promoter must show an "agreement to agree" between FIFA and U.S. Soccer before it can allege an antitrust violation preventing the promoter from hosting games in the U.S.

  • October 15, 2021

    Hotel Union Wants NJ Sheraton To Pay For Pandemic Layoffs

    A New York hospitality union has urged a New Jersey federal court to confirm three arbitration awards directing a Sheraton hotel to pay for severance and health fund contributions due to employees who were laid off as a result of the COVID-19 pandemic.

  • October 15, 2021

    Steinmetz Ordered To Honor Year-Old Discovery Request

    A New York federal judge granted Brazilian mining company Vale SA's request to compel discovery on Friday in its $2.2 billion arbitration award confirmation suit, three days after the company accused Israeli billionaire Beny Steinmetz of snubbing its 18-month-old discovery request related to his assets.

  • October 15, 2021

    NY Counties Sound Alarm Over Doctor As Opioid Trial Witness

    Two Long Island counties on Thursday told the New York state judge overseeing the state's opioid trial they're concerned that Teva wants to call a county legislator and doctor facing criminal charges, saying they're skeptical he will be able to give any relevant testimony.

  • October 15, 2021

    Ex-Nevada AG Tells Of Hounding Parnas For Campaign Cash

    Former Nevada Attorney General Adam Laxalt took the witness stand Friday in the campaign finance trial of Rudy Giuliani associate Lev Parnas and his former business partner, telling jurors of how he badgered a "clownish" Parnas for cash in the final days of his failed gubernatorial campaign.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    Hockey Fan Hit By Puck At MSG Can't Sue NHL, Rangers

    Madison Square Garden, the New York Rangers and the NHL ducked a suit Thursday from a fan struck by an errant puck when a New York state appeals court affirmed that the venue had gone far enough to protect the fan.

  • October 15, 2021

    Credit Union CEO Wants Bail Amid Corrupt-Payout Appeal

    Former Melrose Credit Union CEO Alan Kaufman, set to begin a nearly four-year prison term next month, has told a New York federal judge that he should remain free on bail while he appeals his conviction for accepting unlawful gratuities from CBS Radio and a former taxi mogul.

  • October 15, 2021

    Raymour & Flanigan Loses Bid For COVID-19 Coverage

    The furniture retail chain Raymour & Flanigan lost its bid for COVID-19 coverage after a New York state judge dismissed its suit against a group of insurers, finding that government orders, not the virus, caused the chain's losses.

  • October 15, 2021

    Nimbus, Bristol-Myers Can't Sell Psoriasis Drug Amid Dispute

    A New York federal court is blocking the sale of a psoriasis treatment under development by Nimbus Therapeutics LLC until after a dispute plays out with Bristol-Myers Squibb Co. over purchase rights for the drug candidate.

  • October 15, 2021

    Latham-Led Orthopedics Firm Leads 2 IPOs Totaling $165M

    Latham-led orthopedic implant maker Paragon 28 Inc. rallied in debut trading Friday after the medical device company priced a $125 million initial public offering, joined by cancer-focused biotechnology firm Mink Therapeutics Inc.'s $40 million IPO.

  • October 15, 2021

    5 SPACs Hit Public Markets For $875M Total

    Five special-purpose acquisition vehicles, steered by nine law firms, went public Friday after raising $875 million combined in initial public offerings, aiming to target companies for mergers in industries including technology, health care and cannabis.

  • October 15, 2021

    NYSBA President To Lead Pot Co. Ascend In Empire State

    T. Andrew Brown, president of the New York State Bar Association, has been appointed to lead the New York division of multistate cannabis operator Ascend Wellness Holdings, the company has announced.

  • October 15, 2021

    Health Hires: Orrick, Sheppard Mullin

    Orrick Herrington & Sutcliffe LLP has added an attorney experienced in the health care and life sciences realm from Squire Patton Boggs LLP, while Sheppard Mullin Richter & Hampton LLP has boosted its health care industry team with an addition from Benesch Friedlander Coplan & Aronoff LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • October 15, 2021

    Maxwell Says NYC Jail's 'Incompetence' Hurting Trial Prep

    Lawyers for Ghislaine Maxwell said "incompetence" at Brooklyn's Metropolitan Detention Center is delaying delivery of the mail she needs to prepare for her upcoming sex-trafficking trial, asking a New York federal judge on Thursday to order the jail to speed things up.

  • October 15, 2021

    Tether To Pay CFTC $41M Over Stablecoin Reserve Claims

    The U.S. Commodity Futures Trading Commission said Friday that Tether will pay $41 million to resolve allegations that it misled the market about its namesake stablecoin being "fully backed" by U.S. dollars.

  • October 15, 2021

    Pardoned Ex-Observer Editor In Plea Talks For NY Charges

    A former New York Observer editor-in-chief charged by the Manhattan district attorney with cybercrimes after President Donald Trump pardoned him for similar federal charges told a state judge Friday that he is looking to strike a deal.

  • October 15, 2021

    Vote On 1st Circ. Pick Tees Off Week's Action On Judges

    Democrats have teed up Senate floor and committee action on several judicial nominees the week of Oct. 18 as they seek to maintain the quick pace of confirmations for President Joe Biden's court picks.

  • October 14, 2021

    Sports Co. Says Lacrosse Groups Biased Against Black Youth

    Radar Sports Management hit numerous lacrosse groups with a $35 million breach of contract lawsuit on Thursday in New York federal court, saying that it's entitled to millions for the groups' discriminatory tactics after Radar's team was barred from playing in a lacrosse tournament, purportedly to prevent Black youth from participating.

  • October 14, 2021

    2nd Circ. Won't Revisit Mongolia Mining Case

    The Second Circuit will not reconsider its decision denying a bid by three Chinese mining companies for court review of an arbitral award dismissing their claim against Mongolia on jurisdictional grounds.

  • October 14, 2021

    Shkreli Wants FTC's Monopolization Trial Pushed Back

    Disgraced former pharmaceutical executive Martin Shkreli wants his mid-December civil trial pushed back to May, telling the New York federal judge overseeing the bench trial that without a delay he will be facing a "Hobson's choice" that could leave him in jail an extra year.

  • October 14, 2021

    4 Accused Of Sweeping $7.6M COVID Fraud Scheme

    Four people were accused Thursday of bilking $7.6 million in federal coronavirus aid by collecting personal information from more than 1,000 people and using it to submit a flurry of bogus benefits applications in exchange for kickbacks.

Expert Analysis

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Copyright Termination, Work-For-Hire Doctrine Need Review

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    A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Structured Ch. 11 Dismissals Aren't Dead, Despite Jevic

    Excerpt from Practical Guidance
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    A New York bankruptcy court's recent approval of structured Chapter 11 dismissals in KG Winddown demonstrates that the rumored demise of such distributions hasn't come to pass, in part due to the U.S. Supreme Court's failure to address their legality in its 2017 opinion in Jevic, say Dan Prieto and Mark Douglas at Jones Day.

  • Opinion

    Cannabis Fraud Decision Shows Need For Sentencing Reform

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    A New York federal court's recent decision in U.S. v. Akhavan, holding a $17 million forfeiture request for cannabis bank fraud unconstitutionally excessive, reveals the need to reform sentencing laws that overemphasize crimes' financial elements even when tenuously related to defendants' intent, say Lloyd Liu and Hilary LoCicero at Bennett LoCicero.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What 9th Circ. Arbitration Case May Mean For Insurance

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    If the plaintiffs in CLMS Management Services v. Amwins Brokerage of Georgia appeal the Ninth Circuit's recent decision that state law does not bar the enforcement of arbitration clauses in insurance contracts, the case may have a significant effect on the different dispute resolution options for insurers and policyholders, say attorneys at Sheppard Mullin.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • TM Rights Agreement Considerations After 2nd Circ. Ruling

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    By refusing to apply the "inherently suspect" antitrust framework in its recent 1-800 Contacts decision, the Second Circuit destabilized the landscape for companies entering into trademark rights agreements, so parties should bear in mind several important considerations when drafting and negotiating agreements, say Kimberly Culp and Alyssa Crooke at Fenwick.

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