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New York
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November 04, 2025
2nd Circ. Won't Revive COVID Death Suits Against Cuomo
Former New York Gov. Andrew Cuomo and other state officials don't have to face claims blaming them for COVID-related deaths in nursing homes stemming from directives seeking to lessen the strain on hospitals, the Second Circuit ruled Tuesday, finding the defendants are entitled to qualified immunity amid a public health crisis.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
Alexander Bros. Hit The Real Deal With $500M Defamation Suit
Amid drugging, sexual assault and sex-trafficking charges, two ex-Douglas Elliman employees and their brother have hit real estate news outlet the Real Deal with a $500 million defamation suit in New York state court, claiming that the outlet deliberately wrote "defamatory" articles about them so that it could "shamelessly grab clicks and boost revenue."
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November 04, 2025
Perplexity Asks Judge To Toss User AI Output Claim
Artificial intelligence company Perplexity has urged a Manhattan federal judge to dismiss one of the claims in a copyright lawsuit brought by Encyclopaedia Britannica and Merriam-Webster alleging infringement stemming from AI outputs responding to user inquiries, contending that precedent dictates it could not be held liable for those outputs.
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November 04, 2025
DC Circ. Backs DOE's Tougher Furnace Efficiency Rules
The D.C. Circuit on Tuesday upheld the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, rejecting arguments from gas utility and industry groups that the rules unlawfully force an expensive switch to new appliances.
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November 04, 2025
2nd Circ. Revives Habeas Petition Over Counsel's Mistake
A divided Second Circuit panel ruled Tuesday that because a convicted sex trafficker's counsel during his first criminal appeal made an admittedly "inexcusable" mistake, the convict should be granted a second chance via a habeas petition to challenge his sentence.
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November 04, 2025
Glancy Prongay To Lead SelectQuote Investors' Fed Probe Suit
Glancy Prongay & Murray LLP will lead a proposed class of investors accusing insurance broker SelectQuote Inc. of concealing its scheme of accepting illegal kickbacks for steering Medicare beneficiaries to certain insurers.
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November 04, 2025
DOJ Ignores Court Discovery Order In Letitia James Case
The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.
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November 04, 2025
Boies Schiller Adds 2 Attys From Herrick Feinstein, Disney
Boies Schiller Flexner LLP this week announced two prominent hires — a Herrick Feinstein LLP attorney with a history of working on multibillion-dollar restructurings and a firm alum from The Walt Disney Co. who brings experience in copyright matters and artificial intelligence.
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November 04, 2025
StraightPath Founders Convicted Of Massive Stock-Sale Fraud
A Manhattan federal jury found stock vendor StraightPath's three founders guilty Tuesday on charges of defrauding clients who purchased pre-initial public offering shares from them, capping a trial where prosecutors cited "overwhelming" evidence of a $400 million "web of lies."
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November 04, 2025
2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill
The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.
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November 03, 2025
MIT Bros Rest, Expert Says $25M Crypto Score Was Aboveboard
Two MIT-educated brothers accused of using an unlawful crypto trading strategy to steal $25 million from other traders on Monday rested their case without taking the stand, after a defense expert witness said they didn't violate any rules of the Ethereum blockchain.
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November 03, 2025
Feds Defend Cases Against James Comey, Letitia James
The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.
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November 03, 2025
Oncology Co. Board Hit With Suit Over Product Growth Claims
Executives and directors of radiopharmaceuticals company Lantheus Holdings Inc. have been hit with an investor's derivative suit accusing them of allowing the company to misrepresent the growth potential of its key product used to detect prostate cancer.
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November 03, 2025
Feds Seek 5 Years For Samourai Wallet Crypto Mixer Operators
Federal prosecutors are seeking 60 months imprisonment for each of the operators of crypto mixer Samourai Wallet, while the men both argued that their initial intention to build a legitimate privacy service favors more lenient treatment.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims
New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.
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November 03, 2025
2nd Circ. Denies Reed Smith Relief In Eletson Discovery Feud
The Second Circuit has rejected a bid from Reed Smith to pause a lower court ruling ordering the new owner of international shipping company Eletson Holdings to turn over documents requested by competitor Levona Holdings Ltd, finding the law firm failed to make its case to hold off on granting access to the documents.
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November 03, 2025
Investors Seek Class Cert. In Antitrust Suit Over Securities IDs
Investment management firms urged a New York federal judge to certify their proposed class action against S&P Global and others over the use of identification numbers for financial instruments, arguing Monday there's common evidence showing the defendants maintained monopoly power through licensing terms.
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November 03, 2025
Foreclosure Fight Puts NYC Gay Bar Balcon Salon In Ch. 11
A gay bar in Manhattan's Hell's Kitchen neighborhood entered bankruptcy in New York after its largest secured creditor sought to foreclose on it for a bit over $7 million, saying the lender has been unwilling to work out a settlement.
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November 03, 2025
Amazon Should Pay For Security Checks, Conn. Justices Told
Amazon must pay Connecticut warehouse workers for time spent waiting for and undergoing security screenings because state wage and hour laws contain unique "hours worked" definitions that do not appear in the federal Fair Labor Standards Act, the employees' lawyer told the Connecticut Supreme Court on Monday.
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November 03, 2025
Fox Says It Can't Be Liable For Ex-Producer's Alleged Assault
Fox News has asked a New York federal judge for an early win in a lawsuit from a former employee who claims a onetime executive producer for "Tucker Carlson Tonight" sexually assaulted him, arguing it can't be liable for conduct that allegedly occurred off-hours during a "personal outing unrelated to work."
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November 03, 2025
Firetruck-Makers Use Trade Group To Fix Prices, Suit Says
A putative federal antitrust class action against major firetruck manufacturers and an industry trade association has been filed in federal court by an upstate New York volunteer-staffed fire station, claiming the companies control up to 80% of the market and are fixing firetruck prices at artificially high levels.
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November 03, 2025
Compass Says Zillow Ban Update Proves Its Point
Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Is SEC Moving Away From Parallel Insider Trading Cases?
The U.S. Securities and Exchange Commission's apparent lack of follow-up in four recent criminal cases of insider trading brought by the Justice Department suggests the SEC may be reconsidering the expense and effort of bringing parallel civil charges for insider trading, say attorneys at Dentons.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.