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September 04, 2025
Beer, Wings, Patents: Tackling The Latest IP Football Fights
As this NFL season kicks off, a copyright fight stemming from the statue of a famed Detroit Lions player and a suit from a former New York Jets player over his portrayal in the sports documentary series "30 for 30" are brewing in the courts.
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September 04, 2025
5 Firms Guide Rithm Capital's Crestline Buy
Five firms steered real estate-focused investment firm Rithm Capital Corp.'s purchase of Crestline Management, adding and expanding the firm's private credit, insurance and reinsurance capabilities with the acquisition.
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September 04, 2025
2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates
Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.
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September 04, 2025
Gov't Backs Funds Against Activist Investor Before High Court
The federal government and the U.S. Chamber of Commerce have filed amicus briefs in support of a group of investment funds that are asking the U.S. Supreme Court to constrain the rights of private parties to file lawsuits under the Investment Company Act.
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September 04, 2025
Purdue Pharma Approved For $17.5M In Ch. 11 Bonus Plans
Bankrupt pharmaceutical company Purdue Pharma LP received approval from a New York judge Thursday to pay more than $17.5 million in employee bonuses, mirroring the bonus structures of the last few years since the company commenced its Chapter 11 case.
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September 03, 2025
Trump Seeks To Have Justices Toss E. Jean Carroll Verdict
President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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September 03, 2025
NBCUniversal Again Defeats Claims It Shared Data With Meta
A New York federal judge on Wednesday dismissed a proposed class action accusing NBCUniversal of sharing Today.com visitors' personal and video viewing information with Facebook parent Meta Platforms Inc., saying one website visitor in Missouri failed to meet the Second Circuit's newly adopted standard for what is considered personally identifiable information.
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September 03, 2025
Real Estate Counsel Rejoins Ropes & Gray In New York
Ropes & Gray LLP said an alumnus has rejoined the firm's New York office as counsel in its real estate investments and transactions group from GIC Pte. Ltd., a Singaporean sovereign wealth fund.
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September 03, 2025
Amex Owes $12M In Antisteering Rule Suit, NY Jury Holds
A New York federal jury ordered American Express Co. to pay over $12 million to a class of Illinois consumers after finding the company liable under Illinois state law for overcharges that the class says they experienced due to so-called antisteering rules Amex imposed on merchants that accept Amex cards.
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September 03, 2025
Military To Blame For Maine Mass Shooting, Victims Allege
Victims and relatives of those who died in a 2023 mass shooting in Lewiston, Maine, on Wednesday accused the U.S. government of failing to stop the Army reservist who opened fire, alleging the military was aware the gunman posed a threat but misled others about his danger.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
PED Sports Group Asks To Block Swimmer Bans
The organizer of sporting events that allow athletes to use performance-enhancing substances has asked a New York federal court to halt a swimming governing body's ban on athletes, coaches and support staff who participate in the events.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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September 03, 2025
NJ Health Biz Can't Move Data Privacy Suit To NY
A New Jersey federal judge has denied a healthcare company's request to transfer a proposed information privacy class action to the Eastern District of New York, ruling that New Jersey is the proper venue for the case to proceed because that is where the alleged conduct occurred.
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September 03, 2025
Referee Blows Whistle On NBA's Partial Win In Vaccine Fight
A fired referee suing the NBA for religious discrimination asked a New York federal court to reconsider its ruling that denied him front and back pay, arguing the judge overlooked controlling case law that makes the decision "inappropriate."
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September 03, 2025
Sullivan & Cromwell Hires Ex-Asst. To The Solicitor General
Sullivan & Cromwell LLP announced Wednesday that it has hired a former assistant to the solicitor general whose wealth of appellate experience includes six arguments before the U.S. Supreme Court.
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September 03, 2025
Manhattan DA To Target Wage-Fixing With Antitrust Laws
Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.
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September 03, 2025
Latham Adds Former Fried Frank Atty To M&A, PE Team In NY
Latham & Watkins LLP announced another addition to its mergers and acquisitions and private equity practice Tuesday, welcoming a former Fried Frank Harris Shriver & Jacobson LLP attorney with broad expertise in asset management M&A transactions.
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September 03, 2025
Transit Tech Startup Via Ignites Plans For $450M IPO
Rideshare and transit services company Via Transportation, which offers software and technology-enabled services to replace aging transportation systems, on Wednesday outlined a price range for its estimated $450 million initial public offering.
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September 03, 2025
Archegos Witness Avoids Prison After 'Extensive' Cooperation
A former accountant who served as director of risk at Archegos before its fraud-driven collapse avoided prison Wednesday after a Manhattan federal judge said his testimony was crucial in securing the conviction and 18-year prison sentence imposed on fund founder Bill Hwang.
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September 03, 2025
Judge Accepts DNA Evidence In Gilgo Beach Case
A New York state court judge ruled Wednesday that DNA evidence allegedly linking accused Gilgo Beach serial killer Rex Heuermann to the bodies of women found dead on Long Island can be considered by a jury, marking the first time the scientific technique known as whole genome sequencing has passed such rigorous admissibility standards.
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September 02, 2025
Visa, Mastercard Still Can't Beat Intuit, Block Antitrust Claims
A New York federal judge has rejected Visa and Mastercard's latest effort to ditch antitrust claims brought by Intuit and Block in long-running multidistrict litigation over payment processing fees, agreeing with a magistrate judge's finding that the court has already considered and rejected the credit companies' arguments.
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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.
Expert Analysis
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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.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Taxpayers Face Tough Choices Under NJ's New Nexus Rules
Though New Jersey’s new rules expanding the commercial nexus that triggers state taxation are likely to be challenged, businesses still need to carefully consider whether it’s best to minimize potential tax by reducing online customer support services or maintain their current instate services and begin paying tax, say attorneys at Husch Blackwell.