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New York
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September 10, 2025
NY Distillery Secures Coverage For Whiskey Barrel Damage
A distillery in New York's Hudson Valley can get coverage for the loss of 52 barrels of aged whiskey under a policy provision providing additional coverage for damage caused by an "abrupt collapse," a federal court ruled, saying the distillery's interpretation of the term was more reasonable than its insurer's.
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September 10, 2025
Hydroxycut Maker Iovate Gets Ch. 15 Relief As Case Kicks Off
A New York bankruptcy judge agreed Wednesday to temporarily stay creditor actions against Canadian dietary supplement business Iovate Health Sciences one day after the Hydroxycut maker sought Chapter 15 protection.
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September 10, 2025
Plaintiffs Seek Info From Microsoft, OpenAI In Copyright MDL
A proposed class of authors suing over the alleged use of works to train ChatGPT has asked a Manhattan federal judge to force Microsoft to hand over documents they said could be a "smoking gun of copyright infringement," while a group of news organizations said OpenAI should turn over materials on low-quality, artificial intelligence-generated news sites.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
Conn. Firm Escapes Claims Over Alleged Payout Delays
A couple who alleged that two law firms misused the legal system by delaying payouts from a property owner they represented has dropped claims against Neubert Pepe & Monteith PC without explanation.
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September 10, 2025
Emirates Wants To Land Laid-Off Workers' Class Cert. Bid
A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.
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September 10, 2025
McCarter & English Atty Admitted Breaches, Insurers Claim
Two insurance companies have asked a Connecticut Superior Court judge's permission to file a late request for a quick win on two breach of contract claims against McCarter & English LLP and one of its attorneys, saying the lawyer's deposition left no facts in dispute on those specific counts.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 09, 2025
2nd Circ. Won't Nix Vimeo IP Loss But Clears Path For Appeal
The Second Circuit Tuesday mostly rejected Capitol Records' bid to revisit its loss to Vimeo over lip-dub videos set to copyrighted songs, removing a footnote that could've blocked an appeal to the U.S. Supreme Court, but leaving intact their finding that the record labels waived a key liability theory.
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September 09, 2025
Block Beats Investor Action Over 2021 Customer Data Breach
A Manhattan federal judge Tuesday knocked out consolidated litigation alleging Block's stock price plummeted after the financial technology company dilly-dallied disclosing a 2021 data breach stemming from a former employee's alleged theft of customer information, saying the complaint doesn't allege Block made misleading statements or knew it was misleading investors.
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September 09, 2025
7 Enviro Cases To Watch At The Supreme Court
The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.
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September 09, 2025
Ariz. Developer, Son Get Prison For $280M Sports Park Fraud
An Arizona developer and his son were both sentenced to prison Tuesday for deceiving investors into sinking $280 million into a Phoenix-area sports park by forging documents and inflating revenue projections for the facility, which entered bankruptcy soon after it opened.
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September 09, 2025
NY Climate Law Challenge Moved To Join Similar Case
A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.
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September 09, 2025
New York State And Mohawk Tribe Settle 43-Year Land Dispute
New York Gov. Kathy Hochul said the state has reached a settlement agreement with the Saint Regis Mohawk Tribe ending a decadeslong land purchase dispute, noting that the deal includes restoring tribal members' access to islands on the St. Lawrence River, improved power usage and education benefits.
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September 09, 2025
Gilgo Beach DNA Evidence Ruling May Propel New Methods
A recent ruling from the New York judge overseeing the Gilgo Beach serial killer case finding that the newer DNA testing method known as whole genome sequencing clears rigorous admissibility standards is a laudable decision that could help solve cold cases, according to proponents of the technology.
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September 09, 2025
Particle's Antitrust Battle With Epic: 3 Things To Know
Epic Systems Corp. must face allegations it violated federal law by attempting to monopolize a segment of the electronic health records market to the exclusion of competitor Particle Health Inc. Here's what you need to know about the case.
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September 09, 2025
UFCW Fund Accuses NYC Hospital Giant Of Juicing Prices
A United Food and Commercial Workers health fund has filed a proposed class action against New York-Presbyterian Hospital, accusing one of New York City's biggest hospital networks of abusing its market power to strong-arm insurers into accepting deals that entrench its high prices.
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September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US
Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
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September 09, 2025
Norfolk Southern Inks Deal With DOJ Over Amtrak Delays
Norfolk Southern Corp. has agreed to give Amtrak passenger trains priority over freight trains under a deal with the federal government that would close out a case stemming from widespread delays on Amtrak's New York City to New Orleans route, the U.S. Department of Justice said Tuesday.
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September 09, 2025
Ski Mountain Owner Points To Google Remedies Decision
A New York ski mountain owner is citing the recent remedies decision in the Google search antitrust case as it looks to avoid selling one of its properties after the court found it violated state law by purchasing and closing a neighboring mountain ski park.
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September 09, 2025
Senate Confirms Florida And Missouri Judges
The U.S. Senate confirmed two judges Tuesday, one for Florida and the other for Missouri.
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September 09, 2025
Eye Care Co. Sold Misbranded Products, Suit Says
A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.
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September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator
The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
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September 09, 2025
Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL
A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.
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September 09, 2025
2nd Circ. Sends Prevailing Wage Questions To NY Panel
Fire alarm testers and inspectors are eligible for prevailing wages under New York law, but the state appeals court should mull whether employment contracts need to specify the wages and whether employers can limit the statute of limitations, the Second Circuit ruled Tuesday.
Expert Analysis
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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Previewing State Efforts To Regulate Mental Health Chatbots
New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Courts Redefining Software As Product Generates New Risks
A recent wave of litigation against social media platforms, chatbot developers and ride-hailing companies has some courts straying from the traditional view of software as a service to redefining software as a product, with significant implications for strict liability exposure, say attorneys at Reed Smith.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Rule 23 Class Certification Matters In Settlements, Too
The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.