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September 22, 2025
ProPhase COVID-19 Testing Units Hit Ch. 11 In NJ
Biotechnology company ProPhase Labs Inc. put three of its COVID-19 laboratory testing subsidiaries in Chapter 11 bankruptcy Monday in New Jersey with combined liabilities of more than $13 million, saying it has been underpaid by insurance companies.
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September 21, 2025
Chinese Exec Who Shipped Fentanyl Ingredients Gets 25 Yrs
A Manhattan federal judge on Friday sentenced a Chinese national and chemical company executive to 25 years in prison for shipping large quantities of fentanyl ingredients to the U.S., citing the defendant's "egregious, callous" disregard for the deaths caused by the drugs he helped create.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
NY County Says It's Immune From Immigrant Detention Suit
Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.
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September 19, 2025
2nd Circ. Backs NY Ban On Guns In Times Square, Subways
The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
MLB App Breaches Led To Lost, Stolen Tickets, Fan Claims
Major League Baseball's mobile ticketing app has had systemic security breaches resulting in the disappearance or theft of game tickets throughout the season, with MLB failing to fully acknowledge the problem and leaving fans "in the lurch,'' according to a proposed class action in New York federal court.
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September 19, 2025
AmTrust Investors Seek Class Cert. After 2nd Circ. Revival
AmTrust investors have asked a New York federal judge to certify three subclasses covering those who purchased stock in the insurer's $320 million initial public offering, after the Second Circuit revived their case against the firm and its auditor BDO USA LLP over financial restatements AmTrust had to make.
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September 19, 2025
SEC Walks Away From Ozy Media, Stanford Fraud Cases
The U.S. Securities and Exchange Commission has walked away from its $50 million case against former Ozy Media Inc. founder Carlos Watson after President Donald Trump granted him clemency earlier this year, and also dropped a long-dormant case against a co-conspirator in Robert Allen Stanford's $7 billion Ponzi scheme.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
AmEx Trounces Rewards Programs Patent Infringement Suit
A New York federal judge has rejected for now a company's case accusing American Express of infringing a pair of patents covering loyalty and rewards programs, finding that the financial services giant's programs aren't doing what's covered in the asserted patent claims.
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September 19, 2025
DNA Phenotyping May Help Police, Or Spur Racial 'Dragnets'
Law enforcement says the relatively new science of using DNA to generate an estimation of a person's physical appearance is a powerful tool that can help lead police to suspects, but critics of the practice warn that the still-untested technology will lead to racial profiling.
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September 19, 2025
Shareholders Urge Sanctions Over Telecom Tower Seizures
Majority shareholders of a Latin American telecommunications tower operator should be sanctioned for ignoring a court order to hand over documents related to an action the company lodged in Guatemala, a group of minority shareholders have told a New York federal judge.
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September 19, 2025
SEC Fines Bloomberg Unit $5M Over False Market Data Claims
The U.S. Securities and Exchange Commission and Bloomberg Tradebook LLC have reached a $5 million settlement to resolve claims that the broker-dealer made false and misleading statements to customers about the speed at which it displayed market data from U.S. options exchanges.
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September 19, 2025
DA In Gilgo Beach Killings Case Talks Advances In DNA Use
Law360 sat down with Suffolk County, New York, District Attorney Ray Tierney, who is prosecuting architect Rex Heuermann on charges that he murdered seven women on Long Island, to discuss the use of a newer form of DNA testing that has passed rigorous admissibility standards for the first time, among other aspects of the case.
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September 19, 2025
Fireball, Parrot Bay Buyers Win Cert. Over Malt Liquor False Ad
A New York federal judge has certified classes of Fireball and Parrot Bay customers who have alleged beverage company Sazerac misleadingly labeled malt beverage versions of those products that led them to think they contained distilled spirits, ruling that whether the labels are materially misleading can be determined on a classwide basis.
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September 19, 2025
NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process
The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Polsinelli Adds ArentFox Schiff Bankruptcy Pro In NY
Polsinelli PC has expanded its bankruptcy team in New York with the addition of an attorney from ArentFox Schiff LLP.
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September 19, 2025
Faegre Drinker Hires Corporate Atty From Greenberg Traurig
Faegre Drinker Biddle & Reath LLP has announced it has welcomed a New York-based corporate lawyer from Greenberg Traurig LLP.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Kirkland M&A Partner Moves To Ropes & Gray In New York
Ropes & Gray LLP has brought on a longtime Kirkland & Ellis LLP mergers and acquisitions partner in New York who has expertise in real estate and infrastructure transactions.
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September 19, 2025
SEC Wins 'Scalping' Trial Against Penny Stock Trader
A Manhattan federal jury held an Ohio man liable on Friday in a case brought by the U.S. Securities and Exchange Commission alleging he fraudulently earned over $2.5 million by buying up penny stocks, hyping them online and then selling for gains in a "scalping" scheme.
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September 19, 2025
2nd Circ. Lets Students Facing Removal Stay Free, For Now
The Second Circuit on Friday declined to revisit its earlier decisions that allowed two foreign students facing deportation, allegedly for their pro-Palestinian advocacy, to stay out of detention, rejecting the Trump administration's bid to find it lacks jurisdiction over their cases.
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September 18, 2025
NY Officials Arrested Seeking To Check Migrant Treatment
Federal officers Thursday arrested several Democratic officials in New York who were demanding access to a Manhattan immigration holding facility under scrutiny for allegedly unconstitutional and inhumane conditions.
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.