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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
Wall Street Banks Beat Revived Bond-Rigging Antitrust Claims
A New York federal judge tossed a recently revived proposed antitrust class action Tuesday accusing Bank of America Corp., Wells Fargo & Co. and other major financial institutions of conspiring to rig corporate bonds and boycott rival bond-trading platforms, finding the allegations are vague, conclusory and time-barred.
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September 02, 2025
Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes
In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims.
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
NYPD Urges Dismissal Of Racial Bias Suit Over Gang List
The city of New York has asked a federal judge to toss a putative class action alleging NYPD officials violated the constitutional rights of people on the department's list of purported gang members, saying the lawsuit, brought by three anonymous men, is "highly speculative."
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September 02, 2025
2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage
Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.
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September 02, 2025
Bernstein Litowitz To Lead Hasbro Investors' Post-COVID Suit
Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging toy and games giant Hasbro Inc. and some of its current and former executives concealed certain inventory level issues following a pandemic-era spike in demand for games and global supply chain disruptions.
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September 02, 2025
Paramount Scores Some Docs In 'Top Gun' Copyright Suit
A Manhattan federal judge on Tuesday granted Paramount Pictures' request for certain documents held by Shaun Gray, a man suing the company claiming that he wrote some key scenes in "Top Gun: Maverick" without receiving any money or credit.
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September 02, 2025
Nike, StockX Resolve Counterfeiting Suit Ahead Of Trial
Shoe giant Nike and sneaker reseller StockX LLC have agreed to end Nike's false advertising claims that StockX sold counterfeit Nike shoes, according to a filing in New York federal court.
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September 02, 2025
Spirit Airlines Promises Aggressive Cuts In Second Ch. 11
Spirit Airlines kicked off its second Chapter 11 case in under a year on Tuesday by emphasizing it will more aggressively use the tools of bankruptcy to transform itself into a leaner business with dozens fewer jets, telling a New York federal judge that the case in effect will be the budget air carrier's "first Chapter 11."
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September 02, 2025
CooperSurgical Says Earlier Cases Sink Conn. Filshie Clip Suits
CooperSurgical Inc. on Tuesday asked a Connecticut state judge to issue a win in its favor against several groups of women who say their birth control clips detached and migrated inside their bodies, accusing the women of forum shopping after their claims failed in several other states.
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September 02, 2025
Sullivan & Cromwell Sees NY Exits As It Grows In London
Sullivan & Cromwell LLP has seen at least two of its mergers and acquisitions attorneys depart from its New York office in recent weeks, as the global firm concurrently boosts its standing in London with the announcement this week of two high-profile private capital hires.
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September 02, 2025
Goodwin Adds Sidley Atty To Lead Shareholder Activism Team
Goodwin Procter LLP has tapped a Sidley Austin LLP partner to lead its shareholder activism and takeover defense practice, the firm announced Tuesday.
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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September 02, 2025
'Never My Intention' To Defy Justices, Judge In NIH Case Says
A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.
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September 02, 2025
Colgate-Palmolive To Shell Out $332M In Pension Payout Fight
Colgate-Palmolive retirees asked a New York federal judge to greenlight a $332 million class action deal in their suit claiming the household products company shorted them on lump-sum retirement payouts, signaling the end of a nearly decade-old case that reached the Second Circuit in 2023.
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August 29, 2025
SEC Says Crypto Project Mango Can't 'Undo' $700K Settlement
The U.S. Securities and Exchange Commission is pushing back on cryptocurrency project Mango Labs' bid to undo a nearly $700,000 settlement, saying the project's crypto policy pivot and subsequent dismissal of certain crypto enforcement actions aren't reasons to remedy its "buyers' remorse" over the deal.
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August 29, 2025
NY Tribe Wants Smoke Shop Sanctioned For Flaking On Records
Two smoke shop operators will be slapped with sanctions unless they come up with good reasons for why they disregarded a New York federal court order requiring them to turn over cannabis sales records to the Cayuga Nation in their legal battle with the tribe.
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August 29, 2025
Tennis Players Oppose Sending Antitrust Suit To Arbitration
A group of professional tennis players is contesting bids by the organizers of two of the sport's largest competitive events to toss the players' union from their New York federal antitrust suit and forcibly make them arbitrate their claims accusing the organizers of running an illegal "cartel."
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
Trump Admin Yanks $679M In Offshore Wind Projects
The U.S. Department of Transportation announced Friday that it is canceling $679 million in federal funding for a dozen offshore wind projects, the latest salvo in the Trump administration's attack on wind power.
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August 29, 2025
Amazon Workers Get Class Nod In Military Leave Bias Suit
A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.
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August 29, 2025
Cosby Accuser Will Pursue NJ Assault Claims In NY Suit
An actress who joined the ranks of others accusing actor Bill Cosby of drugging and raping them will drop her New Jersey federal lawsuit over an alleged assault in a Garden State casino and instead press those claims in a New York state lawsuit, according to a stipulation filed Friday.
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August 29, 2025
Can Trump's Orders Stop The Rise Of Cashless Bail?
President Donald Trump's recent executive orders threatening several cities and states that limit cash bail would end a "government-backed crime spree," according to the White House, despite data largely showing declining crime rates and other successes in jurisdictions he is targeting.
Expert Analysis
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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.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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AG Watch: Letitia James' Major Influence On Federal Litigation
While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Employer Tips For Navigating Cultural Flashpoints Litigation
A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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2nd Circ. Ruling May Aid Consistent Interpretation Of ADA
In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.