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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
MLB App Breaches Led To Lost, Stolen Tickets, Fan Claims
Major League Baseball's mobile ticketing app has had systemic security breaches resulting in the disappearance or theft of game tickets throughout the season, with MLB failing to fully acknowledge the problem and leaving fans "in the lurch,'' according to a proposed class action in New York federal court.
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September 19, 2025
AmTrust Investors Seek Class Cert. After 2nd Circ. Revival
AmTrust investors have asked a New York federal judge to certify three subclasses covering those who purchased stock in the insurer's $320 million initial public offering, after the Second Circuit revived their case against the firm and its auditor BDO USA LLP over financial restatements AmTrust had to make.
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September 19, 2025
SEC Walks Away From Ozy Media, Stanford Fraud Cases
The U.S. Securities and Exchange Commission has walked away from its $50 million case against former Ozy Media Inc. founder Carlos Watson after President Donald Trump granted him clemency earlier this year, and also dropped a long-dormant case against a co-conspirator in Robert Allen Stanford's $7 billion Ponzi scheme.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
AmEx Trounces Rewards Programs Patent Infringement Suit
A New York federal judge has rejected for now a company's case accusing American Express of infringing a pair of patents covering loyalty and rewards programs, finding that the financial services giant's programs aren't doing what's covered in the asserted patent claims.
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September 19, 2025
DNA Phenotyping May Help Police, Or Spur Racial 'Dragnets'
Law enforcement says the relatively new science of using DNA to generate an estimation of a person's physical appearance is a powerful tool that can help lead police to suspects, but critics of the practice warn that the still-untested technology will lead to racial profiling.
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September 19, 2025
Shareholders Urge Sanctions Over Telecom Tower Seizures
Majority shareholders of a Latin American telecommunications tower operator should be sanctioned for ignoring a court order to hand over documents related to an action the company lodged in Guatemala, a group of minority shareholders have told a New York federal judge.
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September 19, 2025
SEC Fines Bloomberg Unit $5M Over False Market Data Claims
The U.S. Securities and Exchange Commission and Bloomberg Tradebook LLC have reached a $5 million settlement to resolve claims that the broker-dealer made false and misleading statements to customers about the speed at which it displayed market data from U.S. options exchanges.
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September 19, 2025
DA In Gilgo Beach Killings Case Talks Advances In DNA Use
Law360 sat down with Suffolk County, New York, District Attorney Ray Tierney, who is prosecuting architect Rex Heuermann on charges that he murdered seven women on Long Island, to discuss the use of a newer form of DNA testing that has passed rigorous admissibility standards for the first time, among other aspects of the case.
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September 19, 2025
Fireball, Parrot Bay Buyers Win Cert. Over Malt Liquor False Ad
A New York federal judge has certified classes of Fireball and Parrot Bay customers who have alleged beverage company Sazerac misleadingly labeled malt beverage versions of those products that led them to think they contained distilled spirits, ruling that whether the labels are materially misleading can be determined on a classwide basis.
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September 19, 2025
NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process
The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Polsinelli Adds ArentFox Schiff Bankruptcy Pro In NY
Polsinelli PC has expanded its bankruptcy team in New York with the addition of an attorney from ArentFox Schiff LLP.
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September 19, 2025
Faegre Drinker Hires Corporate Atty From Greenberg Traurig
Faegre Drinker Biddle & Reath LLP has announced it has welcomed a New York-based corporate lawyer from Greenberg Traurig LLP.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Kirkland M&A Partner Moves To Ropes & Gray In New York
Ropes & Gray LLP has brought on a longtime Kirkland & Ellis LLP mergers and acquisitions partner in New York who has expertise in real estate and infrastructure transactions.
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September 19, 2025
SEC Wins 'Scalping' Trial Against Penny Stock Trader
A Manhattan federal jury held an Ohio man liable on Friday in a case brought by the U.S. Securities and Exchange Commission alleging he fraudulently earned over $2.5 million by buying up penny stocks, hyping them online and then selling for gains in a "scalping" scheme.
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September 19, 2025
2nd Circ. Lets Students Facing Removal Stay Free, For Now
The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.
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September 18, 2025
NY Officials Arrested Seeking To Check Migrant Treatment
Federal officers Thursday arrested several Democratic officials in New York who were demanding access to a Manhattan immigration holding facility under scrutiny for allegedly unconstitutional and inhumane conditions.
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September 18, 2025
SEC Drops Hunter Biden Biz Pal's Case After Trump Pardon
The U.S. Securities and Exchange Commission has voluntarily dismissed its civil claims against Hunter Biden's former business partner Devon Archer, who President Donald Trump pardoned earlier this year after he was convicted of helping to execute a $60 million bond scam against a South Dakota tribal corporation.
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September 18, 2025
Judge Won't Block NYC Shops From Selling Flavored Vapes
A Manhattan federal judge denied New York City's request to temporarily block four vape wholesalers and distributors from selling flavored e-cigarettes in the five boroughs, saying the city's "years-long delay" suggested there was no emergency that required such an injunction.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
NY Judge Closes Warehouse Workers' Unpaid Wages Suit
A New York federal judge on Thursday dismissed a proposed class action for unpaid wages brought on behalf of Parts Authority warehouse employees after two staffing companies offered to pay $230,000 to end the suit.
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September 18, 2025
2nd Circ. To Weigh EFTA's Scope In NY's Citi Wire Fraud Case
The Second Circuit has granted Citibank's request for an appeal in its fight with New York Attorney General Letitia James over the bank's response to incidents of online wire transfer fraud, agreeing to review whether key federal consumer protections for electronic payments apply to wire transfers initiated over the internet.
Expert Analysis
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Strategies To Limit Inherent Damage Of Multidefendant Trials
As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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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.