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April 23, 2024
Ex-Banker Says HSBC Can't Blame Wage Policy On Manager
A former HSBC Bank employee accusing the company of violating the federal wage and hour law by making employees work through lunch told a New York federal court the company's attorneys are trying to offload responsibility for their client's actions to a former manager.
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April 23, 2024
Blue States Leap To Defend EPA Vehicle Emissions Rule
California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.
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April 23, 2024
Sugar Giants Accused Of Using Shadow Analyst To Fix Prices
A putative class action filed in Illinois federal court on Monday accuses top sugar producers of colluding with each other since at least 2019 to illegally fix the price for white, refined table sugar, driving up the prices of granulated sugar since in "one of the steepest climbs ever."
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April 23, 2024
Tabloid Made Deal To Save Trump 'Embarrassment,' Jury Told
A longtime tabloid executive told a Manhattan jury Tuesday that he struck a secret deal with Donald Trump ahead of the 2016 presidential election to plant negative stories about his opponents and suppress salacious stories that could cause his campaign "embarrassment."
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April 23, 2024
Judge Quiets NY Outdoor Stadium For Frazzled Neighbors
A state judge has temporarily muffled the activities of a century-old outdoor stadium in New York, ordering it to hire an independent contractor to monitor noise levels and to place barricades that prevent concert-goers from wandering into nearby neighborhoods.
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April 23, 2024
NY Panel Partially Revives Chubb, Archdiocese Abuse Row
A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.
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April 23, 2024
3 More Charged In Iranian Hacks Of Treasury, State Depts.
New York federal prosecutors have charged three more Iranian men for their alleged roles in a hacking campaign targeting the U.S. departments of Treasury and State as well as companies that held security clearances with the American government.
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April 23, 2024
New York Jets, Player Sued Over New Jersey Car Crash
A New Jersey man who was seriously injured in 2022 when his car was run off the road by a car driven by New York Jets cornerback Brandin Echols has sued the player and the team in New Jersey state court for negligence, assault by auto and violation of his civil rights.
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April 23, 2024
Boies Schiller Attys For Epstein Victims Beat Sanctions Bid
A New York federal judge on Tuesday evening rejected a request by associates of Jeffrey Epstein to sanction Boies Schiller Flexner LLP's chair and a co-managing partner, while also denying the Boies Schiller attorneys' subsequent motion to sanction the Epstein associates' counsel.
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April 23, 2024
'Nate The Lawyer' Loses NJ Defamation Suit For Good
YouTube legal livestreamer "Nate the Lawyer" saw his defamation suit against the operator of a social media watchdog account tossed for a final time, after a New Jersey federal judge ruled that he had not shown that any false statements about him were made with reckless disregard for the truth.
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April 23, 2024
Coverage Recap: Day 2 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a full recap from day two.
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April 23, 2024
ABI Names Christopher Ward President, Elects New Directors
Christopher A. Ward of Polsinelli LLP will lead the American Bankruptcy Institute as president for a one-year term, the organization said Tuesday, and U.S. Bankruptcy Judge Bruce Harwood will succeed him next April.
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April 23, 2024
Del. Chancery To Rethink Fast-Track Of Truth Social Suit
The judge taking over a Delaware Chancery Court lawsuit that two former "Apprentice" contestants brought against former President Donald Trump's social media company before the Truth Social platform went public will decide at the end of the month whether the suit still needs to be fast-tracked.
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April 23, 2024
Indicted 'Magician' Tax Preparer's Clients Under Scrutiny
Clients of a New York City-based tax preparer who earned the nickname "the magician," allegedly making $15 million while fraudulently depriving the IRS of $100 million, may also face charges, a prosecutor told the federal judge in charge of the case on Tuesday.
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April 23, 2024
Trump Atty 'Losing Credibility' In Defending Posts, Judge Says
The New York judge presiding over former President Donald Trump's hush money case on Tuesday gave a harsh appraisal of defense attorney Todd Blanche's attempts to keep his client out of criminal contempt for disparaging witnesses online, saying the lawyer was "losing all credibility" as he argued Trump was "being very careful" with his words.
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April 23, 2024
Shearman Hires Weil RE Atty In New York
Shearman & Sterling LLP has hired a real estate partner in New York from Weil Gotshal & Manges LLP whose practice focuses on advising clients on real estate matters who work in the hospitality, digital infrastructure and a range of other industries, the firm announced Monday.
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April 22, 2024
Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims
Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.
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April 22, 2024
NY's 'Buy-Now, Pay-Later' Oversight Bill Delayed But Not Dead
A New York state proposal to start licensing and supervising buy-now, pay-later providers didn't make the final cut in lawmakers' just-approved $237 billion budget, but a version being advanced through standalone legislation could still make it into law.
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April 22, 2024
CFTC Says Gemini Can't Pin Misstatements On 'Intermediary'
The U.S. Commodity Futures Trading Commission has told a New York federal court that cryptocurrency exchange Gemini Trust Co. LLC is seeking to "shirk responsibility" for misleading the agency's staff about the risks of a proposed bitcoin futures contract.
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April 22, 2024
CORRECTED [New Headline]:Tribe Says NY Lottery Breaks Law
A tribe in New York has asked a federal judge to bar state officials from operating any lottery vending machines on its self-proclaimed reservation, saying gambling on Indian lands is within the jurisdiction of tribes and regulated by the Indian Gaming Regulatory Act.
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April 22, 2024
Axl Rose Wants Model's 'Salacious' Sex Assault Suit Axed
Guns N' Roses lead singer Axl Rose has asked a New York state court to throw out a former Penthouse model's civil suit claiming he sexually assaulted her in a hotel in the late 1980s, arguing that the interaction was consensual and calling the claim "salacious, inflammatory and false."
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April 22, 2024
Feds Want 8-10 Years For Influencer Who 'Ruined Lives'
Prosecutors told a Brooklyn federal judge on Monday that an Instagram influencer deserves roughly eight to 10 years in prison for using his following to cultivate a persona as a successful businessman in order to dupe investors into giving him money, saying his social media-fueled fraud "ruined lives."
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April 22, 2024
NY Becomes First State In US To Mandate Paid Prenatal Leave
With its budget passage Saturday, New York became the first state in the U.S. to implement paid leave for pregnant employees to attend doctors' appointments, expanding its paid sick time requirements to create a new bank of up to 20 hours for this purpose.
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April 22, 2024
Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'
Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive."
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
Expert Analysis
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US Cos. Must Guard Against Russian Diversion Of Goods
Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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What's In NY's Draft Guidance On AI Use In Insurance
Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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NY Pay Frequency Cases May Soon Be A Thing Of The Past
Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.
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How Lease Obligations Can Affect Subchapter V Debt Cap
Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.
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A Focused Statement Can Ease Employment Mediation
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Companies Should Beware Greater Scrutiny Of Subscriptions
The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.