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December 12, 2025
Google To Face Publishers' Class Claims Over AdX Exchange
A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.
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December 12, 2025
1st Circ. OKs Barring Medicaid Planned Parenthood Coverage
A First Circuit panel on Friday upheld the Trump administration's ban on Medicaid funding for Planned Parenthood, vacating a lower court's order that would've kept in place Medicaid reimbursements for Planned Parenthood clinics in 22 states.
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December 12, 2025
Real Estate Recap: Empowering NYC Nonprofit Buyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney reactions to a New York City a bill that would give nonprofits the opportunity to buy certain residential buildings.
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December 12, 2025
DraftKings Defeats NY Products Liability Suit Over Betting Ads
DraftKings permanently beat a proposed class action alleging it negligently designed its platform to fuel gambling addiction which caused one bettor to develop suicidal ideation, after a New York federal judge said that mental distress, "although real and severe," isn't protected by products liability law absent physical injury.
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December 12, 2025
CooperSurgical Escapes Repeat Filshie Clip Claims In Conn.
Medical device maker CooperSurgical Inc. has scored a quick win on some women's claims that the Filshie Clip, a coated titanium birth control device, detached and migrated within their bodies, with a Connecticut state judge finding certain plaintiffs could not advance cases similar to claims they lost elsewhere.
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December 12, 2025
Hollywood Director Convicted Of $11M Fraud Against Netflix
Film and television director Carl Erik Rinsch was convicted on charges he defrauded Netflix out of $11 million secured to make a sci-fi television show he never delivered, according to the U.S. Attorney's Office for the Southern District of New York.
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December 12, 2025
Court Nixes NY Nursing Home's Win In COVID Immunity Suit
It was premature for a trial court to find that a liability statute protected a Bronx-based nursing home from a suit over a patient's death, a New York appellate court ruled Thursday, concluding further fact inquiry is needed in the case.Â
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
NY Developer Charged In $8.5M Pandemic Loan Fraud
A New York real estate developer fraudulently obtained $8.5 million worth of COVID-19 pandemic relief loans and spent the money on two seven-bedroom homes in the Hamptons, diamond jewelry and paying off personal and business debts, Massachusetts federal prosecutors said Friday.
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December 12, 2025
20 States Sue Trump Admin Over $100K H-1B Visa Fee
A coalition of 20 states, led by the California attorney general, sued the Trump administration Friday to challenge a new $100,000 fee for H-1B visa applications, saying the fee goes against Congress' intent for the work visa program.
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December 12, 2025
Cayuga Nation RICO Win Overshadowed By Pot Shop Verdict
The Cayuga Nation suffered a partial loss Thursday when a New York federal jury essentially sided with a tribal citizen and his partner, who were operating an illicit smoke shop, finding that although the business owners did violate RICO, the damages they incurred due to a tribal police seizure were far worse.
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December 12, 2025
Bogus AI Hedge Fund Chief Finalizes $4.1M SEC Deal
A self-styled hedge fund CEO who pled guilty to scamming investors with claims that his firm used artificial intelligence for its high-frequency trading strategy has finalized a parallel $4.1 million settlement with the U.S. Securities and Exchange Commission, though the debts would be considered satisfied by his criminal restitution, a Brooklyn federal judge said Friday.
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December 12, 2025
2nd Circ. Probes ConEd's Sudden Firing Of Atty Alleging Bias
The Second Circuit raised questions during a hearing about Con Edison's decision to terminate a longtime company lawyer shortly after she complained her boss was targeting her because she's an older woman, hinting some support for the attorney's fight to have her discrimination suit reinstated.
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December 12, 2025
2nd Circ. Remands $100K Award To Fired Atty In Bias Case
A Second Circuit panel vacated a $100,000 charging lien awarded to an attorney who represented a man who sued Marriott International Inc. for race-based harassment, agreeing that the lawyer was fired without cause but finding that the lower court appeared not to address several arguments in favor of a lower amount.
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December 12, 2025
4 Big ERISA Litigation Developments From 2025's 2nd Half
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 12, 2025
Azul's Opt-Out Releases Will Be Approved, Judge Signals
A New York bankruptcy judge said Friday he would toss an objection the U.S. Trustee's Office had raised against Brazilian airline Azul's third-party releases, clearing a key hurdle to confirmation of the debtor's plan to cut more than $2 billion of debt under a Chapter 11 plan.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
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December 11, 2025
Feds Reportedly Fail To Reindict NY AG Letitia James, Again
New York Attorney General Letitia James' attorney Thursday celebrated reports that another Virginia federal grand jury declined to reindict her on charges of mortgage fraud, the second jury in a week to reject a case President Donald Trump had pushed prosecutors to pursue against a political opponent he's called "guilty as hell."
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December 11, 2025
Ex-Abercrombie CEO Headed For Competency Hearing
A New York federal judge said Thursday she will hold a competency hearing for former Abercrombie & Fitch Co. CEO Michael Jeffries to see whether he can stand trial on sex trafficking charges, following recent findings that he's overcome his earlier incompetency.
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December 11, 2025
NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project
A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
FEMA's Freeze On Disaster Mitigation Funds Ruled Unlawful
The Trump administration unlawfully terminated Federal Emergency Management Agency funds intended to pay for disaster mitigating projects, a Massachusetts federal judge ruled Thursday, describing the case as an "unlawful executive encroachment on the prerogative of Congress to appropriate funds" for specific purposes.
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December 11, 2025
CSX Seeks Rehearing In Conductor's Retaliation Suit
CSX Transportation Inc. is asking the Second Circuit to reconsider its recent decision reviving a former conductor's suit alleging he was fired in retaliation for reporting a hostile work environment, saying the panel wrongly overturned the circuit's own precedent.
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.