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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
Big Banks Beat Yearslong Libor-Rigging Claims In NY
A New York federal judge Thursday disposed of the remaining claims in long-running multidistrict litigation accusing Bank of America, Merrill Lynch and more than a dozen other large banks of Libor manipulation.
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September 25, 2025
Rap Song Can't Be Used To Prove Rap Sheet, NY Court Says
A criminal defendant's rap song should not have been allowed as evidence that he enabled a murder, a New York state appeals court ruled, granting a new trial in a case that saw Brooklyn prosecutors put one of their own on the stand on a moment's notice as a slang expert.
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September 25, 2025
Judge Upholds $18M Arbitration Award In Filter Co. Dispute
A New York federal judge has refused to vacate an $18 million arbitral award issued after a deal to distribute water filters in Asia deteriorated, saying that while it was a "close" question, the award did not violate public policy.
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September 25, 2025
DOJ Sues Six States For Refusing To Share Private Voter Data
The U.S. Department of Justice on Thursday sued six states for not turning over statewide voter registration lists with voters' driver's license numbers or the last four digits of their Social Security numbers when the federal government asked for them this summer, while state officials have decried the request "not normal" and "unprecedented."
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September 25, 2025
NY Court Vacates Guilty Plea Over Impossible Plea Agreement
A New York state appeals court on Thursday vacated a plea agreement after finding it contained a requirement that a defendant complete a substance abuse program despite not being eligible for enrollment.
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September 25, 2025
Imprisoned Pearl Token Founder Hit With Default In SEC Suit
The incarcerated founder of an unregistered crypto offering known as Pearl tokens has been barred from issuing, offering or selling securities after failing to respond to parallel U.S. Securities and Exchange Commission claims.
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September 25, 2025
FTC, 19 States Halt Cancer Charity Scheme
A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.
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September 25, 2025
GE Avoids Retirees' Lawsuit Over Pension Annuity Deal
General Electric dodged a proposed class action claiming it put retirees' benefits at risk by transferring over $1.7 billion of pension obligations to a private equity-controlled insurance company, with a New York federal judge ruling the retirees hadn't shown how they'd been harmed.
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Ex-FTE CEO Gets 12 Years For $13.6M Accounting Fraud
The former chairman and CEO of FTE Networks Inc. on Thursday was sentenced to 12 years in prison for a multifaceted $13.6 million ploy to conceal the telecommunications and real estate company's shaky financial condition and embezzle company funds.
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September 25, 2025
Bitcoin Miner Investors Win Class Cert. In Suit Over Acquisition
Investors in energy company-turned-bitcoin miner CleanSpark Inc. have gotten certification for a class of those allegedly harmed by the company's concealment of unfavorable details about a mining company it acquired and misrepresentations about the timeline for expanding the acquisition's power capacity.
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September 25, 2025
Mexican TV Distributor Fights Contempt In Fox Sports TM Row
A New York federal court shouldn't hold in contempt a sports media distributor over joining the defendant media company in pursuing legal remedies in Mexican courts in a trademark spat with Fox Corp., because the interests of the two businesses differ and are protected under international comity, the distributor said.
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September 25, 2025
PepsiCo, Frito-Lay Sued Over 'No Artificial Flavors' Poppables
PepsiCo and Frito-Lay deceptively label their Poppables puffy potato snacks with a "categorically false" claim that they contain no artificial flavors despite that citric acid is an ingredient, which induced customers into paying a price premium for them, alleges a proposed class action filed Thursday in New York federal court.
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September 25, 2025
Retired Justice Joins JAMS After Decades On NY Bench
Retired Justice Anil C. Singh of the New York State Supreme Court has joined JAMS as an arbitrator after serving many years as a jurist on both state and New York City benches, the alternative dispute resolution services provider said.
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September 25, 2025
Judge Says NY Discharge Law Usurps Feds' Nuclear Authority
A federal judge has ruled that a New York law barring the release of radioactive materials into the Hudson River — which was passed in response to the decommissioning of the Indian Point Energy Center nuclear plant — infringed on the federal government's oversight of nuclear safety.
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September 25, 2025
Families Cite Trump In Bid To Revive Tylenol Autism Claims
Families suing the maker of Tylenol quickly cited President Donald Trump's words this week as they pushed the Second Circuit to overturn a lower-court ruling that barred their expert witnesses from testifying that prenatal exposure to the medicine can cause autism.
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September 25, 2025
'Jailhouse Lawyer' Gets 16½ Years For Defrauding Inmates
A Manhattan federal judge sentenced a recidivist fraudster to 16½ years in prison Thursday, saying the "jailhouse lawyer" cheated inmates out of at least $550,000 by getting them to pay for unauthorized legal filings and calling him an "incorrigible" con man.
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September 25, 2025
Bondi Faces Key 'Test' As Trump Orders Prosecutions
Attorney General Pam Bondi has reached a crossroads less than eight months into her tenure as she faces an extraordinary directive from President Donald Trump to wield the U.S. Department of Justice against his political enemies.
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September 25, 2025
NY Judge Who Left For Anderson Kill Had Faced Ethics Case
A longtime New York judge who joined Anderson Kill last week had resigned from the bench amid ethics charges for alleged "demeaning" conduct toward his court staff and claims that he threatened retaliation against a witness and attorneys for the state's judicial ethics watchdog.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
SEC Gets $7M Default Insider Trading Win Against UK Trader
A Manhattan federal judge on Wednesday ordered a British-Lebanese trader to pay over $7.7 million, stemming from the U.S. Securities and Exchange Commission's insider trading allegations, months after the defendant avoided extradition from the U.K. on parallel criminal charges.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Execs Breached Danish Deal In $2B Tax Case, Court Says
Three men claiming to be pension plan executives who struck a civil settlement with the Danish taxing authority over their role in a $2 billion tax fraud scheme breached their settlement agreement, a New York federal court found, saying the men had not paid back the amount they promised.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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4 Questions For Insureds To Overcome Flood Exclusions
In a year of record flash flooding in the U.S., affected policyholders, who may assume that their policy's flood exclusion precludes recovery for losses, should look to the many factually and legally nuanced cases presenting pathways to coverage, says Micah Skidmore at Haynes Boone.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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It Ends With Us Having No Coverage?
A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.