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May 31, 2024
Disbarring Giuliani Would 'Protect The Public,' DC Panel Says
A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."
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May 31, 2024
Australian Co. Aims For Shopify Highs In $250M SPAC Deal
Sydney, Australia-based Btab Ecommerce Group Inc., an e-commerce supplier for small businesses, has agreed to merge with special-purpose acquisition company Integrated Wellness Acquisition Corp. in a transaction valued at $250 million, the companies said Friday.
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May 30, 2024
Trump's Niece Can't Escape His Suit Over NYT Tax Story
A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.
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May 30, 2024
Morgan Stanley Helped Musk's Stealth Twitter Buys, Suit Says
Elon Musk and his wealth manager tapped Morgan Stanley to help the Tesla CEO quietly acquire billions of dollars in Twitter securities without tipping off the market before he announced plans to take over the social media company, according to an amended complaint filed in New York federal court.
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May 30, 2024
Ex-Deutsche Bank Trader Gets 3½ Years For Crypto Scheme
A former Deutsche Bank associate has been sentenced to three years and five months in prison after pleading guilty in September to wire fraud and access device fraud in connection with a $1.5 million cryptocurrency investment scheme, Brooklyn federal prosecutors announced Thursday.
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May 30, 2024
Travelers Loses Dismissal Bid In BIPA Coverage Dispute
A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.
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May 30, 2024
Here's What Comes Next After Trump's Conviction
Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.
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May 30, 2024
Terraform, SEC Reach 'Settlement In Principle' In Crypto Case
Crypto firm Terraform Labs and its creator Do Kwon appear to have reached an agreement with the U.S. Securities and Exchange Commission to settle remedies after the firm and its founder were held liable for fraud by a Manhattan jury.
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May 30, 2024
NY Truckers Sue To Block Congestion Pricing In Manhattan
New York truckers have joined the fight to block congestion pricing from taking effect next month, alleging in a new Manhattan federal lawsuit Thursday that the first-of-its-kind fee for vehicles entering the Big Apple's busiest corridor unconstitutionally penalizes the trucking industry.
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May 30, 2024
NY Expects Crypto Cos. To Meet Customer Service Standards
The New York State Department of Financial Services on Thursday told the crypto firms under its purview that it expects them to resolve customer service issues promptly and fairly, according to newly issued guidance.
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May 30, 2024
Donald Trump Convicted Of All 34 Counts In NY Trial
Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.
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May 30, 2024
New 3-On-3 Women's Hoops League Eyes Historic Salaries
A new three-on-three basketball league co-founded by current WNBA players Breanna Stewart and Napheesa Collier on Thursday unveiled its "groundbreaking" women's sports compensation and ownership model that will give players equity and vested interest in the league's success while also providing the "highest average salary" in women's professional sports history, according to its announcement.
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May 30, 2024
RFK Jr. Turns To FEC Over CNN Debate Shut Out
The campaign for independent presidential candidate Robert F. Kennedy Jr. has accused CNN, President Joe Biden and former President Donald Trump of violating federal election law by holding a debate that excludes Kennedy, in a complaint filed with the Federal Election Commission.
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May 30, 2024
NYU Law Review Beats Bias Claims Over Diversity Efforts
A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Menendez's Wife Hires Coburn Greenbaum For Bribery Case
Nadine Menendez, wife of U.S. Sen. Robert Menendez, has hired Coburn Greenbaum & Eisenstein PLLC partner Barry Coburn to defend her in the government's case accusing her and her husband of accepting bribes from three businessmen.
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May 30, 2024
King & Spalding Adds Litigation Co-Lead From V&E
King & Spalding LLP has hired Vinson & Elkins LLP's former commercial litigation group co-lead to join the firm in New York as a partner, the firm announced Thursday.
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May 30, 2024
DLA Piper Adds K&L Gates Real Estate Trio In NY, DC
DLA Piper announced on Wednesday three new additions to its real estate team on the East Coast, touting the former K&L Gates LLP's attorneys' experience with deals both at nationally and internationally.
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May 30, 2024
Ex-Air Cargo Exec Who Took $6.7M In Kickbacks Gets 4 Years
A Manhattan federal judge sentenced a German-born former air cargo executive to four years in prison Thursday for a decadelong course of corruption in which he personally took over $6.7 million in kickbacks, saying the wealthy defendant acted out of "pure greed."
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May 30, 2024
Polsinelli Keeps Up Miami Growth With Boutique Litigator
A commercial and real estate litigator from boutique law firm Mark Migdal & Hayden has jumped to Polsinelli PC to become Polsinelli's fourth shareholder addition in its Miami office this year alone.
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May 30, 2024
Ex-KPMG Manager Joins Davis+Gilbert As Tax Partner
A former managing director at KPMG has joined New York law firm Davis+Gilbert LLP as a tax partner in its corporate and transactions practice, Davis+Gilbert announced.
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May 30, 2024
McGuireWoods Hires Ex-Norton Rose Litigator In NY
McGuireWoods LLP announced Thursday the hiring of a former Norton Rose Fulbright partner as the latest addition to its litigation practice out of New York City.
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May 30, 2024
Ex-BigLaw Atty Fights 10-Year Sentence In OneCoin Case
A former Locke Lord LLP partner urged the Second Circuit Wednesday to ax his 10-year prison sentence and conviction for laundering around $400 million in proceeds from the global OneCoin cryptocurrency scam, saying the case was contaminated by perjury and errors at the trial court level.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
Expert Analysis
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Binance Ruling Spotlights Muddled Post-Morrison Landscape
The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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The Shifting Landscape Of Physician Disciplinary Proceedings
Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.