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New York
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December 02, 2024
Metropolitan Commercial Bank Aided Voyager Fraud, Suit Says
Voyager Digital's former bank, Metropolitan Commercial Bank, has been hit with a 53-count complaint in New York federal court alleging it was complicit in bad behavior by the now-defunct crypto lender and should be on the hook for repaying platform users.
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December 02, 2024
Kyrie Irving Owes $400K For Retreat Services, Therapist Says
A psychotherapist sued Dallas Mavericks star Kyrie Irving in New York state court alleging he owes nearly $400,000 for services she provided for a North Dakota retreat this past summer, including additional counseling services after one of the participants tragically died during the event.
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December 02, 2024
Bank, Payment Processor Look To Sink Chargeback Fee Suit
Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.
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December 02, 2024
Consulting Firm Says Insurer On Hook For $7.6M Deal
A consulting firm told an Illinois federal court that its insurer must reimburse it for a $7.6 million settlement with the U.S. Department of Justice relating to a lawsuit accusing the firm of allowing personal information to be compromised, maintaining that the litigation fell within its policy's scope.
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December 02, 2024
DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.
The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.
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December 02, 2024
Top Promoter Of $58M IcomTech Crypto Ponzi Gets 10 Years
A Manhattan federal judge hit a Florida cryptocurrency salesman on Monday with a 10-year prison sentence for his role in promoting the $58 million IcomTech Ponzi scheme, saying he victimized others in a "get rich quick" scam and may do so again.
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December 02, 2024
Ex-Soccer Boss Fears He'll Die While Fighting Conviction
The ailing former president of the Brazilian soccer federation urged a New York federal judge to rule on his petition to have his FIFA bribery conviction overturned, telling the court Monday that he could die before a scheduled January hearing on the issue.
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December 02, 2024
Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK
A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.
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December 02, 2024
NY Knicks, Rangers Sue Over Counterfeit Merch Vendors
The New York Knicks and Rangers asked a Manhattan federal judge Monday to order unknown sellers of counterfeit team merchandise to cease their bootlegging activity during basketball and hockey games at Madison Square Garden.
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December 02, 2024
JPMorgan, Tesla Agree To End $162M Suit Over Musk Tweet
JPMorgan Chase & Co. and Tesla told a New York federal judge on Monday the parties have agreed to voluntarily end JPMorgan's suit alleging Tesla owes it $162 million over expired stock warrants after Tesla CEO Elon Musk mulled taking the company private in an August 2018 tweet.
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December 02, 2024
NY Doctor To Admit Role In Brain Scan Kickback Scheme
A New York doctor has agreed to plead guilty to taking part in a kickback scheme that allegedly billed insurers approximately $1 million for unnecessary brain scans, Massachusetts federal prosecutors said Monday.
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December 02, 2024
Ex-Luxottica Worker's Pension Claims Must Be Heard In Court
A New York federal judge agreed to revive in-court proceedings on a Luxottica ex-worker's claims in a federal benefits lawsuit that she made on behalf of her pension plan, but held firm on the court's earlier decision to compel individual arbitration of other claims.
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December 02, 2024
Bankrupt Dental Co. To Repay Customers $4.8M, NY AG Says
Dental telehealth company SmileDirectClub has agreed to pay $4.8 million in refunds to customers who were improperly charged after the company went bankrupt and shut down in 2023, according to a settlement announced Monday by New York Attorney General Letitia James.
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December 02, 2024
Weil Adds Banking And Finance, Exec Comp. Pros In NY
Weil Gotshal & Manges LLP announced Monday that it has added two attorneys to its New York office, one to bolster its banking and finance practice and the other to strengthen its executive compensation and benefits group.
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December 02, 2024
EBay Didn't Pay Manual Workers Weekly, Suit Says
Online retail giant eBay Inc. failed to pay manual workers at a Queens, New York, warehouse on a weekly basis as required under state and federal labor law, according to a suit filed in federal court.
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November 27, 2024
Deloitte Posed As Consultant To Steal Vax Software, Suit Says
An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.
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November 27, 2024
Amazon Judge Says Appeal Too Soon In Ongoing Privacy Suit
A Washington federal judge has said he won't issue a final judgment to allow consumers to appeal his previous ruling tossing most of the claims in a suit alleging that palm scanners at joint Starbucks-Amazon stores violate biometric privacy law, because one of the plaintiffs has a remaining claim.
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November 27, 2024
Combs Remains Jailed As 4th Judge Declines To Free Mogul
A Manhattan federal judge declined Wednesday to sign off on a restrictive, $50 million bail package for Sean "Diddy" Combs, following three other judges who refused to order the mogul accused of violent sex-trafficking set free pending trial.
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November 27, 2024
Drake Says UMG Boosted Lamar's False 'Pedophile' Claim
Despite knowing Kendrick Lamar's "Not Like Us" single falsely accused Drake of being a "certified pedophile," Universal Music Group chose to boost the song across radio airwaves by potentially making illicit payments to iHeartMedia, the Canadian rapper alleged in Texas court the same day he made similar allegations in Manhattan.
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November 27, 2024
Weinstein Accuses NYC Of Medical Neglect At Rikers
A lawyer representing disgraced film producer Harvey Weinstein said Wednesday that his client is suing New York City and its agencies for allegedly failing to provide adequate medical care at its Rikers Island jail complex and subjecting him to "cruel and unusual punishment" while he awaits a new trial on sexual assault charges.
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November 27, 2024
PBM Says Opioid Ruling Ignored High Court's Privilege Stance
A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.
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November 27, 2024
AI Co. Seeks To Dismiss Actors' Class Action Over Voice Use
A startup that makes software to create voice-over narrations has asked a Manhattan federal judge to dismiss an amended class action that accuses the company of using actors' voices without permission, saying the updated complaint takes a "kitchen-sink approach" by adding several claims but "very few new relevant facts."
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November 27, 2024
Canadian Hockey League Escapes Antitrust Suit; NHL Still In
The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hockey League of exploitation, abuse and unlawful restraint on their careers.
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November 27, 2024
Compass NJ Tapped To Sell $33M Miles Guo Mansion In Ch. 11
The trustee handling the Chapter 11 of exiled Chinese businessman and convicted fraudster Miles Guo asked the Connecticut bankruptcy court to let him hire four agents with residential real estate firm Compass to sell a historic 58-room mansion in Mahwah, New Jersey.
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November 27, 2024
Menendez Says Evidence Error Means Automatic New Trial
Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.
Expert Analysis
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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2nd Circ. AmTrust Decision Shows Audit Reports Still Matter
Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.