New York

  • June 11, 2021

    Allergan Unit Must Face Bulk Of Namenda Pay-For-Delay Suit

    Allergan subsidiary Forest Laboratories LLC must face a jury over a union health and welfare fund's class action antitrust claims that pay-for-delay deals kept generic versions of Alzheimer's drug Namenda off the market after a New York federal judge largely rejected the parties' competing bids for a quick win Friday.

  • June 11, 2021

    Ex-CVS Exec Probed On Drug Prices In Overcharge Trial

    A former CVS Pharmacy executive conceded to a California federal jury trial Friday that the chain didn't report its discounted drug prices to pharmacy benefit managers to avoid losing about $500 million annually.

  • June 11, 2021

    NY Bill Halting Cryptocurrency Mining Dies In Assembly

    A New York bill to pause certain cryptocurrency mining operations pending environmental review has died in the Assembly after passing the state Senate earlier this week.

  • June 11, 2021

    Robbins Geller To Rep Investors In Nutanix Sales Slump Suit

    Robbins Geller Rudman & Dowd LLP will take the reins representing investors in a proposed class action accusing computing company Nutanix Inc. of letting its sales prospects dry up and concealing it from investors.

  • June 11, 2021

    Ackman's SPAC Strategy Pushes Deal Structure's Boundaries

    Hedge fund titan Bill Ackman's multilayered proposal to acquire a minority stake in music giant UMG through his special purpose acquisition company, while also enabling future acquisitions, seeks to rewrite the SPAC playbook through several complicated steps that could spur imitators.

  • June 11, 2021

    Meet The Judge Overseeing The 1st Opioid Jury Trial

    Jerry Garguilo, the son of a family of bakers, fantasized about being a judge since his law school days at Duquesne University in Pennsylvania, although it was a dream he never voiced aloud.

  • June 11, 2021

    Creditor Attys Tell 11th Circ. It Erred In 'Mail Vendor' Ruling

    An association of New York creditor attorneys told the Eleventh Circuit it failed to consider the First Amendment implications of a decision that allowed a wave of consumer litigation challenging debt collectors' use of outside mail vendors.

  • June 11, 2021

    Real Estate Rumors: Page, Wafra, KD Properties

    Investor J. David Page is reportedly on the hunt for $14 million of bond financing for a Florida senior housing project, a Wafra Capital venture is said to have landed roughly $500 million in financing for a Manhattan office tower and KD Properties is said to have paid $9.9 million for a Florida industrial building.

  • June 11, 2021

    NY's $15 Low-Income Internet Law Is Put On Hold

    A New York federal judge on Friday blocked the Empire State at least temporarily from enforcing a requirement for internet plans capped at $15 for qualifying low-income households, a plan that had triggered a legal challenge from across the telecom industry.

  • June 11, 2021

    SDNY, 2nd Circ. Set To Loosen Virus Safety Restrictions Soon

    Federal judges anticipate a relaxation of COVID-19 safety protocols in the Southern District of New York and the Second Circuit, with details set to be announced as early as Monday.

  • June 11, 2021

    Pot-Focused SPAC Greenrose To Delist From Nasdaq

    Cannabis-focused blank-check company Greenrose Acquisition Corp. has announced it plans on delisting its shares from the Nasdaq later this month, in anticipation of closing deals that would qualify it as a plant-touching business in violation of the exchange's rules.

  • June 11, 2021

    Interior Dept. Floats NY, NJ Offshore Wind Lease Sale

    The U.S. Department of the Interior on Friday advanced plans to expand offshore wind development off the coasts of New York and New Jersey by proposing a lease sale that the agency said it hopes to hold by year's end.

  • June 11, 2021

    Giuliani Ally Takes Search Warrant Challenge To 2nd Circ.

    Washington, D.C., lawyer Victoria Toensing said Friday that she's appealing a New York federal judge's rejection of a challenge she and Rudy Giuliani filed over search warrants that allowed federal investigators to seize their devices for a probe into Giuliani's dealings in Ukraine.

  • June 11, 2021

    2nd Circ. Rejects FTC Antitrust Case Against 1-800 Contacts

    The Second Circuit on Friday overturned a decision by the Federal Trade Commission that 1-800 Contacts violated antitrust law by aggressively enforcing its trademarks against online competitors, calling such a claim "antithetical to the procompetitive goals of trademark policy."

  • June 11, 2021

    Walmart Inks Deal To End EEOC Sexual Harassment Claims

    Walmart has agreed to pay $410,000 to wrap up a U.S. Equal Employment Opportunity Commission lawsuit alleging the retail giant stood idly by while a store associate in upstate New York sexually harassed female co-workers, according to deal documents filed Friday.

  • June 11, 2021

    NYPD Settles Prisoner Hijab Suit That Led To Policy Change

    The city of New York will pay $350,000 to settle claims that the NYPD illegally forced two Muslim women to remove their hijabs while their mug shots were being taken, according to a Friday court filing in a suit co-led by a Manhattan district attorney candidate.

  • June 10, 2021

    Fall Bench Trial Set For Lehman Bros' CDS Insurer Fight

    A New York state judge on Thursday set an October bench trial date for a lawsuit by Lehman Brothers' bankrupt European unit that accuses an Assured Guaranty Ltd. affiliate of failing to make good on hundreds of millions of dollars worth of credit default swap trades after the 2008 financial crisis.

  • June 10, 2021

    Banana Republic Cleared In 'Case Of The Stolen Ampersand'

    Banana Republic on Thursday dodged a suit in New York federal court from a typeface designer that accused the retailer of stealing a stylized ampersand in its marketing.

  • June 10, 2021

    IP Forecast: Amazon To Face A Texas Jury Over Voice IP

    Amazon is set to be the next tech titan to appear in front of the busiest patent judge in the country as U.S. District Judge Alan Albright is scheduled to kick off a jury trial over claims Alexa infringes voice technology patents owned by an Israeli kitchen technology startup. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 10, 2021

    Pa. Chemical Co. Says Patent Dispute Can't Be Arbitrated

    Pennsylvania-based chemical company FMC Corp. is urging a federal court not to toss or force it to arbitrate its dispute with a Swiss Syngenta Corp. unit over an allegedly stolen herbicide formula, saying an arbitration clause in the pact inked by the two companies has expired.

  • June 10, 2021

    'Legendary' Judge Katzmann Aimed To Open Courts To All

    Former Second Circuit Chief Judge Robert A. Katzmann, who died Wednesday at age 68, is remembered by colleagues and attorneys as not only a brilliant jurist, but an approachable, down-to-earth man who strived to make courts more accessible to ordinary people. Here, members of the legal community share their memories of him.

  • June 10, 2021

    CVS Pricing Practice 'Cheated' Insured Drug Buyers, Jury Told

    Drug buyers leading a class action alleging CVS Pharmacy Inc.'s now-defunct discount program overcharged insured customers for generic drugs took the stand in a California federal jury trial Thursday, testifying that they believe CVS "cheated" them out of lower copays and lied about their insurance coverage for years.

  • June 10, 2021

    'Weak' Bid To Move MLB All-Star Game Eviscerated By Judge

    An increasingly frustrated New York judge on Thursday called ball after ball as a conservative business group made its pitches for her to move Major League Baseball's All-Star Game back to Georgia, ultimately denying the request and prompting the league's attorney to tell the judge she made his case for him.

  • June 10, 2021

    2 Israeli Traders Charged In Global Insider Trading Ring

    A pair of Israeli citizens accused by regulators last year of making millions of dollars through a global insider trading ring have been criminally charged in New York federal court, according to an indictment unsealed Thursday.

  • June 10, 2021

    JetBlue Workers Among 5 Charged With $1M Virus Loan Fraud

    Five New York and New Jersey residents, including three current and former JetBlue Airways employees, were arrested and charged Thursday with fraudulently obtaining $1 million in COVID-19 relief funds by lying about their personal companies' staffing and revenues on loan applications.

Expert Analysis

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • The Future Of Climate Suits After Justices' Baltimore Ruling

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    The U.S. Supreme Court's recent decision in BP v. Mayor and City Council of Baltimore left many questions about climate change litigation unresolved, but cases making their way through federal courts offer the high court more opportunities to decide whether climate suits in state courts are preempted or raise nonjusticiable political questions, says Oliver Peter Thoma at King & Spalding.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Rebuttal

    NY Badly Needs Bad Faith Bill To Hold Insurers Accountable

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    Contrary to a recent Law360 guest article that contends New York state's insurance reform bill would unfairly tip the scales against insurers, Edward Steinberg at the New York State Trial Lawyers Association argues the law is necessary to hold insurers accountable for acting in bad faith, and would protect policyholders and injured parties alike.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Perspectives

    NY Courts Should Protect Housing Rights Of All Tenants

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    New York courts should adopt a construction of the Housing Stability and Tenant Protection Act that expands on the rights of tenants without a traditional landlord-tenant relationship, in order to not only promote justice, but also adhere to the law as written, say law student Giannina Crosby, and professors Sateesh Nori and Julia McNally, at NYU Law.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • TM Litigation Lessons From Nike-Lil Nas X 'Satan Shoes' Fight

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    Though recently settled, Nike's curious trademark infringement dispute with the New York design studio behind rapper Lil Nas X's controversial "Satan Shoes" suggests that brand owners should draft complaints promptly, even if imperfectly, and evaluate first-sale doctrine exceptions, says James Major at Stradley Ronon.

  • SEC Fine Highlights AML Reporting As Enforcement Priority

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    The U.S. Securities and Exchange Commission’s recent settlement with GWFS Equities, over anti-money laundering failures related to inadequately disclosing attempted cyber breaches, highlights record-keeping deficiencies as an area of enforcement focus and indicates broker-dealers should revisit policies and procedures to avoid noncompliance, say attorneys at Arnold & Porter.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

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