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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Defamation Litigation Roundup: Epstein, Macron, Lindell
In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.
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August 01, 2025
Malibu Boats Inks $7.8M Investor Settlement Over Sales Woes
Powerboat maker Malibu Boats Inc. has agreed to pay $7.8 million as part of a deal to end a proposed investor class action alleging the company pushed one of its key dealers to the brink of bankruptcy by "pump[ing] the dealer full of boats" amid a post-COVID-19 boat business bust.
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August 01, 2025
Oppenheimer Says OFAC Is Looking Into Its AML Policies
Wall Street brokerage and investment bank Oppenheimer Holdings Inc. said Friday that the U.S. Department of the Treasury's sanctions arm is investigating its anti-money laundering compliance program.
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
Azure Power Seeks Final OK Of $23M Investor Deal
Investors of an India-based solar energy company asked a New York federal judge on Friday to grant final approval to a $23 million settlement they reached with the company and its top brass, alleging they misrepresented the company's compliance with anti-corruption and anti-bribery laws, and the methods through which the company won bids for projects.
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August 01, 2025
NFL Swipes At Attorney Seeking Unlicensed Merch Sales
The merchandising arm of the NFL told a New York federal court the request for sanctions from an attorney suing the league in hopes of dismantling its licensing system is out of line and a way to prolong his "frivolous and vexatious" case.
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August 01, 2025
Investors Fight Sanctions Over Telecom Arbitration Dispute
Minority shareholders in telecommunications infrastructure firm Continental Towers LATAM Holding say they are not the ones stopping an arbitral award from being enforced, and have tried to comply with the court's orders but are "caught in the cross-hairs of a personal vendetta."
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August 01, 2025
2nd Circ. Affirms Class Cert. In VRDO Suit Against Banks
The Second Circuit on Friday upheld a lower court order granting class certification to a group of American cities and others that are accusing eight large banks of inflating interest rates on debt securities known as variable rate demand obligations, saying the district court applied the correct legal standard in granting certification.
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August 01, 2025
AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care
The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
Long Island Castle Owner Files Ch. 11 To Stall Foreclosure
The owner of a century-old castle on Long Island's Gold Coast filed for Chapter 11 protection late Thursday in New York bankruptcy court, saying it wants to stop a foreclosure sale being forced by its mortgagee lender so the debtor can run a sale process of its own.
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August 01, 2025
NY Law Mandating Judicial Fine Declared Unconstitutional
A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.
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August 01, 2025
Mintz Welcomes Longtime Fenwick & West IP Atty In NY
Mintz said Wednesday that it has added a longtime Fenwick & West LLP lawyer who helped his former firm establish itself in New York to its intellectual property prosecution practice.
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August 01, 2025
Firms Say Lien Discharge Row Was Not Vexatious Litigation
The law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP told a Connecticut state court they should not have to face a lawsuit from a couple who claim they misused the judicial system to delay payouts from a property owner, arguing that the complaint does not sufficiently allege they engaged in vexatious litigation.
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August 01, 2025
Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1
A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.
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August 01, 2025
Latham Adds Veteran Antitrust Litigator From Cravath
A veteran Cravath Swaine & Moore LLP antitrust litigator has made the jump to Latham & Watkins LLP in New York, the firm announced Friday.
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August 01, 2025
Test-Taker's Collapse At NY Bar Exam Sparks Criticism
New York bar-takers were allegedly forced to continue the test after witnessing a Fordham University School of Law graduate suffer a medical incident and receive CPR while she took the exam, according to the school and accounts posted online by people who said they were present.
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August 01, 2025
Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL
The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.
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August 01, 2025
NY Bill Could Reshape Juvenile Investigations, If It Works
A bill that would keep minors out of police interrogation rooms until they've spoken with an attorney is one step closer to becoming law in New York after passing in the state Assembly, in what could be a chance to transform how juvenile crimes are investigated.
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July 31, 2025
NY Court Tosses 10-Year Sentence After Illegal Arrest
A homeless man sentenced to 10 years in prison for assaulting and trying to rob a woman in Manhattan had his conviction vacated Thursday when a New York appeals court said evidence against him never should have been allowed in court since it was gained via his illegal arrest.
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July 31, 2025
Dems Say DHS Visits Blocked Amid Reports Of Mistreatment
A dozen Democratic members of the U.S. House of Representatives sued the Trump administration in D.C. federal court over a new U.S. Department of Homeland Security policy that delays and prevents members of Congress from conducting visits to federal immigration detention facilities, where the lawmakers say there are growing reports of mistreatment, overcrowding and unsanitary conditions.
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July 31, 2025
NY Gaming Commission Can't Escape Tribal Lottery Row
A federal judge denied a renewed bid by the New York State Gaming Commission to dismiss a challenge by the Cayuga Nation that looks to block the entity from operating lottery games on the tribe's self-proclaimed reservation, saying the commissioners failed to establish a lack of equity jurisdiction.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations
As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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2 NY Rulings May Stem Foreign Co. Derivative Suits
In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.
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Despite Rule Delay, FTC Scrutiny Looms For Subscriptions
Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.