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New York
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August 21, 2025
States Urge 2nd Look At $185M Metals Fraud Ruling
State regulators are asking a Texas federal judge to reconsider a ruling that threatens a $185 million fraud case before it can be brought to trial in October, saying that the judge contradicted ruling precedent when he decided that metals like gold and silver don't qualify as commodities in some instances.
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August 21, 2025
Perplexity AI Fails To Toss Or Transfer Publishers' IP Suit
Perplexity AI Inc. on Thursday was denied a bid to dismiss a copyright infringement suit brought by the companies that publish The Wall Street Journal and the New York Post when a New York federal judge said the court has jurisdiction over Perplexity under the state's long-arm statute.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.
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August 21, 2025
Tarter Krinsky Adds Construction Counsel From Offit Kurman
Mid-Law firm Tarter Krinsky & Drogin LLP announced an expansion of its construction practice with a counsel from Offit Kurman Attorneys At Law this week.
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August 21, 2025
Fed. Circ. Leaves Lost Profits Award Alone In Tennis IP Case
The Federal Circuit on Thursday refused to award a tennis technology company more than the $119,000 in lost profit damages it already won in a case involving a vanishing defendant and the operator of the U.S. Open, but it found a lower court was wrong not to award post-judgment interest.
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August 21, 2025
NY Court Says Passenger Can't Challenge Gun Evidence
A man charged with criminal weapons possession and other crimes after police pulled over the car in which he was riding had no reasonable expectation of privacy as a passenger, a New York appeals court has found, reversing a trial court's decision to suppress evidence of a gun.
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August 21, 2025
NBA Tries To Alley-Oop Vax Ruling Across Manhattan Court
A partial win for the NBA earlier this week on a New York federal discrimination lawsuit tied to its COVID-19 vaccine mandate prompted the organization to write a letter to a different judge urging him to consider the ruling on its similar case in the same court.
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August 21, 2025
NY Appeals Court Throws Out Trump's $500M Fraud Penalty
A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive," but kept in place a judge's finding of liability.
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August 21, 2025
Adams Ally Hit With New Bribery, Corruption Charges
A former top aide to New York City Mayor Eric Adams on Thursday was hit with a slew of new bribery charges, with Manhattan District Attorney Alvin Bragg saying she engaged in a "wide-ranging series" of conspiracies alongside her son and others in the city.
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August 20, 2025
Feds Lose Bid To Unseal Epstein Grand Jury Files In NY
A Manhattan federal judge Wednesday rejected the U.S. Department of Justice's request to unseal grand jury transcripts from the trafficking case against the late sex offender Jeffrey Epstein, saying the government has not justified unsealing the materials and did not give Epstein's survivors sufficient notice before filing its request.
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August 20, 2025
United, Delta Flyers Sue Over Windowless 'Window' Seat Fees
United and Delta on Tuesday were hit with a pair of proposed breach of contract class actions in California and New York federal courts by customers who accused the airlines of charging premium fees for windowless seats that are misleadingly advertised as having windows.
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August 20, 2025
Visa Deal Does Not Bar Other Swipe Fee Claims, Judge Rules
A New York federal judge on Wednesday ruled that Visa cannot enforce a $5.54 billion settlement in long-running multidistrict antitrust litigation against a class of Visa debit cardholders in a separate, similar suit, finding that the deal does not cover their claims, and therefore the claims can't be released.
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
Mining Co. Says Guinea Must Submit To Arbitration
A mining company owned by Indian billionaire Pankaj Oswal is urging a New York federal court to order the Republic of Guinea to arbitrate a dispute that arose after the country suddenly yanked the company's permit for a bauxite mine earlier this year.
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August 20, 2025
Cannabis Co. Infringed Extraction Patents, Suit Says
A New York-based manufacturer of hemp-derived CBD products is using stolen techniques to make its vape cartridges, gummies and prerolled joints, according to a lawsuit filed by an intellectual property holding company.
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August 20, 2025
Exec's Friends Made $1M On Insider Trades, SEC Says
The U.S. Securities and Exchange Commission is suing the former head of a Kaman Corp. subsidiary and his friends in New York federal court, accusing him of insider trading ahead of the aircraft component maker's $1.8 billion sale to a private equity firm.
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August 20, 2025
Northwell Health Inks $2.75M Deal In 403(B) Suit
New York healthcare giant Northwell Health Inc. has agreed to pay $2.75 million to end a former employee's claims it breached its fiduciary duties to participants and beneficiaries in its retirement plan by allegedly saddling workers with excessive recordkeeping fees and offering an underperforming fund.
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August 20, 2025
Masimo's 'Empty Voting' Suit Against Founder Gets Green Light
A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
US Trustee Seeks Two-Year Bankruptcy Ban For NYC Pot Club
The U.S. Trustee's Office has urged a New York bankruptcy judge to block a self-described cannabis club from filing for bankruptcy for two years, saying the organization has filed a string of recent Chapter 11 petitions to thwart evictions.
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August 20, 2025
10th Circ. Says NM Gun Waiting Period Is Unconstitutional
The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.
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August 20, 2025
Twitter Shareholders Say Musk Can't Hide Behind Attys
Twitter shareholders have asked a New York federal judge to force Elon Musk to either hand over discussions he had with his attorneys prior to his pre-acquisition purchase of Twitter shares or to declare that he does not plan to use the advice of counsel defense, saying Musk cannot use his attorneys as both "a sword and a shield."
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August 20, 2025
2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit
The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.
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August 20, 2025
Nutter Welcomes Tax Atty In NY From Fox Horan
Less than a month after announcing it had grown its ranks by 8% with the addition of 13 attorneys in three states, Nutter McClennen & Fish LLP said earlier this week that it has hired a New York-based tax attorney from Fox Horan & Camerini LLP.
Expert Analysis
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Risks Of Today's Proffer Agreements May Outweigh Benefits
Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.