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New York
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
NY Blasts Ski Resort Owner's 11th-Hour Antitrust Remedy
New York is urging a state court to reject a belated proposal from the owner of a ski resort that he enact price controls instead of adhering to the state's demands that he sell the property after he was found responsible for violating antitrust laws.
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August 13, 2025
2nd Circ. Affirms Indemnity Ruling In Still-Pending Injury Row
A New York federal court didn't err in declaring that a subcontractor's insurer had a duty to indemnify a property owner in a worker's construction injury lawsuit that is still pending, the Second Circuit affirmed Wednesday, even though the underlying court later found the original indemnity agreement invalid.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 27, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
Roomba-Maker Execs Sued Over Post-Amazon Deal Issues
The top brass of iRobot Corp., maker of the Roomba robotic vacuum cleaner, have been hit with a shareholder derivative suit in New York federal court claiming they exaggerated the effectiveness of the company's restructuring plan following the abandonment of a proposed $1.7 billion merger with Amazon.
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August 13, 2025
2nd Circ. Upholds Ban On Certain SALT Cap Workarounds
An Internal Revenue Service rule prohibiting charitable donation workarounds to the federal cap on state and local tax deductions will remain in place, a Second Circuit panel said Wednesday, affirming a district court determination that upheld the agency's ban on the programs.
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August 13, 2025
Settlement Win Protects In-Home Care For 280,000 NYers
The New York State Health Department has resolved a class action filed by a group of chronically ill Medicaid recipients who accused the state of violating their due process rights by failing to provide enough time to register their home care workers through a new system, attorneys said on Wednesday.
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August 13, 2025
2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing
The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
BakerHostetler Hires Cooley Securities Litigation Atty
BakerHostetler has added an experienced litigator to its white collar, investigations and securities enforcement litigation and securities and governance litigation teams in New York, bringing with him more than 25 years of BigLaw experience, including most recently with Cooley LLP.
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August 13, 2025
NY Civil Rights Advocates Want ICE Holding Space Shut Down
The federal building in Lower Manhattan where the U.S. Immigration and Customs Enforcement has detained noncitizens in overcrowded and unsanitary conditions which immigrant rights advocates called "inhumane." (Marco Poggio | Law360)
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August 13, 2025
Kelley Drye Hit With Class Action Over Client Data Leak
Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.
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August 13, 2025
2nd Circ. Says Allowing Biased Jury Strikes Can Be Strategic
A unanimous Second Circuit panel found Wednesday that a Black man sentenced to 14 years in prison for attempted murder and other crimes cannot win release by arguing his lawyer failed to adequately object to the dismissal of Black potential jurors, saying the attorney may have been acting "strategically."
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August 13, 2025
Flores Cites Gruden's Win Averting Arbitration In NFL Suit
Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.
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August 13, 2025
Crypto Casino CEO Charged With $4M Fraud Amid Plea Talks
The founder of a cryptocurrency casino previously arrested on suspicion of defrauding investors out of $4 million and transferring large sums to an online gambling site was formally charged on Wednesday amid ongoing plea talks.
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August 13, 2025
NY AG Says Zelle Parent Enabled $1B In Customer Losses
New York Attorney General Letitia James on Wednesday sued the big bank-controlled parent company of popular electronic payments platform Zelle, alleging in state court that lax security measures allowed scammers to make off with over $1 billion of user funds.
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August 12, 2025
Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row
A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.
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August 12, 2025
Accountant, Firm Settle SEC's Fintech Fraud Suit For $200K
The U.S. Securities and Exchange Commission has settled claims in New York federal court against a Nigerian accountant and his firm accused of helping the operator of the Tingo fintech businesses conceal fake audit reports that inflated the value of the firms to further the "massive" fintech fraud.
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August 12, 2025
OneTaste Execs Lose Acquittal Bid In Forced Labor Case
A Brooklyn federal judge has refused to grant OneTaste's founder and sales director a judgment of acquittal following their conviction for a forced labor conspiracy at the "orgasmic meditation" company, saying the trial evidence against them was abundant.
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August 12, 2025
SelectQuote Investor Sues Over Feds' Kickback Probe
Insurance broker SelectQuote Inc. and three of its current and former executives face a proposed investor class action alleging the company kept investors in the dark as it accepted illegal kickbacks for steering Medicare beneficiaries to certain insurers, precipitating False Claims Act allegations from a whistleblower and subsequently the government.
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August 12, 2025
Parker-Hannifin Seeks Toss Of $900M Trade Theft, Antitrust Suit
Parker-Hannifin Corp. wants a Texas federal judge to dismiss a fiber optics companies' $900 million trade secrets theft and antitrust lawsuit, arguing in a filing made public Monday the case amounts to a contract dispute that should be handled in New York and the claimed trade secrets had been publicly disclosed.
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August 12, 2025
Terraform Founder Cops To $40B Crypto Fraud Scheme
The founder and former CEO of Terraform Labs on Tuesday admitted to perpetrating a multibillion-dollar fraud by deceiving investors about its decentralized finance-based ecosystem of crypto products, a scheme that wiped out $40 billion in market value when it collapsed.
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August 12, 2025
Guo Ch. 11 Trustee Seeks Additional Time Chasing Relatives
The Chapter 11 trustee overseeing Miles Guo's estate on Tuesday asked a Connecticut bankruptcy judge for six additional months to file potential clawback claims against six of the Chinese exile's relatives and business associates, saying he's examining money transfers from Australia and China and "bags of cash" for Guo's daughter.
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August 12, 2025
NJ Appeals Court Clarifies Ghost Gun Law, Affirms Sentence
A New Jersey state appeals court found in a matter of first impression that a man who bought ghost gun kits in Pennsylvania, where they are legal, could be charged when he brought the non-serialized, unlicensed weapons back to his Garden State home, affirming his three-year sentence.
Expert Analysis
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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AG Watch: Letitia James' Major Influence On Federal Litigation
While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Employer Tips For Navigating Cultural Flashpoints Litigation
A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.