New York

  • February 14, 2024

    Alcon Can't Dodge Suit Over Eye Drops' '30 Day Supply' Claim

    Alcon Laboratories can't escape a proposed class action alleging it falsely claims that its Pataday eye drops have a "30 Day Supply," after a New York federal judge said Wednesday that reasonable consumers could understand the label as assuring that the product, if used as directed, would last 30 days.

  • February 14, 2024

    Telefonica Gets Win In $570M Busted Deal Dispute

    A New York state judge has said Spanish telecommunications company Telefonica SA is entitled to compensatory damages in a suit it launched against Millicom International Cellular SA over claims the mobile provider reneged on a $570 million deal to buy Telefonica's Costa Rican subsidiary.

  • February 14, 2024

    NYC Servers Sue Korean BBQ Eateries Over Tipped Wages

    A proposed class of servers hit two Manhattan-based Korean barbecue restaurants with a wage-and-tipping suit Wednesday in New York federal court, claiming their former employers failed to adhere to "strict" tip credits governed by the state and the Fair Labor Standards Act.

  • February 14, 2024

    Mondelez Sued Over Ritz Bits Sandwiches 'Real Cheese' Claim

    Mondelez Global was hit with a proposed class action on Wednesday in New York federal court by a customer alleging the snack food giant falsely advertises that its Ritz Bits cracker sandwiches are made with real cheese when the filling's main ingredient is whey.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Google, Apple Users Ask 9th Circ. To Revive Video Data Fight

    Google and Apple consumers urged the Ninth Circuit Wednesday to revive separate proposed class actions alleging that the tech giants violated New York and Minnesota state statutes by unlawfully retaining personally identifiable information collected in connection with video streaming rentals, arguing both statutes create a private right of action.

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

  • February 14, 2024

    Music Licensor Sues Restaurant For Performing Disco Songs

    A New York music licensor has hit a Detroit-area restaurant with a copyright suit over the unauthorized performance of three 1970s-era disco songs by artists like the Bee Gees and KC and the Sunshine Band, telling the Michigan court that it had reached out to the dining establishment over 50 times ahead of filing its claims.

  • February 14, 2024

    NY Suggests LaPierre Owes Millions As NRA Trial Ends

    New York state attorneys on Wednesday scrutinized former National Rifle Association CEO Wayne LaPierre's testimony that he rectified all his improper spending by repaying $1 million to the gun group, pointing out that LaPierre racked up nearly $13 million in charges for private jet travel alone.

  • February 14, 2024

    NJ Mayor Gets Voice In NY Congestion Pricing Fight

    A New Jersey mayor who recently failed to get his lawsuit over New York's congestion pricing plan merged with another case brought by the Garden State government will be allowed to participate in oral arguments against the Empire State, a federal judge has decided.

  • February 14, 2024

    NY Man Charged With Falsely Claiming To Own Iconic Hotel

    A New York man has been charged with falsely claiming to own a celebrated New York hotel for four years, Manhattan District Attorney Alvin L. Bragg Jr. said on Wednesday.

  • February 14, 2024

    McDonald's In US Lack Adequate Lactation Spaces, Suit Says

    McDonald's employees from Kansas and New York filed a collective action in Illinois federal court Wednesday alleging the fast-food giant, which has more than 13,000 U.S. locations, and its franchisees failed to provide reasonable lactation accommodations to nursing mothers in restaurants nationwide, forcing them to pump in unsanitary spaces.

  • February 14, 2024

    NY Objects To Rite Aid Bid To Close More Stores

    The state of New York asked a New Jersey bankruptcy judge Wednesday to keep two Rite Aid stores in Buffalo and Poughkeepsie, New York, out of the list of stores slated for closure in the pharmacy chain's Chapter 11 case, saying the closures would reduce pharmacy access for people in those communities.

  • February 14, 2024

    NYCB Faces Another Class Action Over CRE Challenges

    A New York Community Bank investor has brought a proposed class action alleging that executives falsely boasted of the bank's financial condition after making two large acquisitions, when the deals in fact weighed down its balance sheet and led to a significant dividend reduction.

  • February 14, 2024

    MLS Says Coach Aimed At Wrong Org In Race Bias Suit

    Major League Soccer has told a New York federal court it should toss a race bias suit brought by a coach, arguing the organization is the wrong defendant and the coach should be suing the individual teams who denied him head coaching positions instead.

  • February 14, 2024

    Musk To Face Severance Fight In Del. Court After Stay Lifted

    A proposed class action claiming workers didn't receive their severance or were fired after Elon Musk acquired Twitter is back on track after a Delaware federal judge lifted a temporary stay Wednesday.

  • February 14, 2024

    2nd Circ. Nixes LGBTQ Groups' Suit Against HHS Grant Policy

    The Second Circuit on Wednesday affirmed a trial court's dismissal of a suit by a group of LGBTQ advocacy organizations against the U.S. Department of Health and Human Services challenging a Trump-era notice that the agency wouldn't enforce a rule barring HHS grant recipients from discriminating.

  • February 14, 2024

    2nd Circ. Backs Goldman's Victory In 401(k) Self-Dealing Suit

    The Second Circuit upheld Goldman Sachs' win in a class action from 29,000 employee 401(k) plan participants who said the banking giant violated federal benefits law by including underperforming proprietary investment funds in their investment roster, citing evidence Wednesday of a "robust process" to manage potential conflicts.

  • February 14, 2024

    Bronx DA's Office Says Ex-Worker's FMLA Claim Is Invalid

    The Bronx District Attorney's office asked a New York federal judge to dismiss a former employee's suit accusing it of discrimination under the Family and Medical Leave Act and a racially driven promotion denial, arguing that she was unable to properly establish her claims.

  • February 14, 2024

    Fisher-Price, Mattel Settle MDL Over Recalled Baby Sleeper

    Fisher-Price and parent company Mattel have reached a settlement with a class of consumers who claimed the Rock 'n Play Sleeper was falsely advertised as safe for infants to sleep in despite several deaths related to the product.

  • February 14, 2024

    NY Immigrant Settles Green Card Case Alleging Atty Fraud

    A New York resident has reached an agreement with several immigration officials concerning the denial of his green card application on fraud grounds, which he blamed on a consultancy firm and a disbarred attorney, according to a stipulation of dismissal filed in New York federal court.

  • February 14, 2024

    Bulleit Is No Household Name, Distiller Tells 2nd Circ.

    The Bulleit brand may be well known among whiskey drinkers but does not have the general fame needed to support a jury's finding that its bottle shape is protected by trademark law, an attorney for rival distiller W.J. Deutsch & Sons Ltd. told the Second Circuit during a hearing Wednesday.

  • February 14, 2024

    Genesis Gets Nod To Sell $1.6B In Grayscale Shares In Ch. 11

    Cryptocurrency lender Genesis Global won a New York bankruptcy judge's approval Wednesday to start selling more than $1.6 billion of shares in Grayscale Investments trusts to fund payouts to creditors, defeating an objection by Digital Currency Group over sale timing and the parent company's plea to consult on transactions.

  • February 14, 2024

    Dechert Hires Weil Middle-Market Financing Partner In NY

    Dechert LLP has hired a Weil Gotshal & Manges LLP partner with over 25 years of experience to continue working on private credit and securities law matters, Dechert announced Wednesday.

  • February 13, 2024

    PrizePicks Pays $15M To Settle NY Fantasy Sports Claims

    Daily fantasy sports operator PrizePicks has agreed to pay $14.9 million to settle allegations it offered fantasy sports contests to New York residents without a permit, the New York State Gaming Commission said Tuesday.

Expert Analysis

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • SDNY Ruling Warns Parties To Heed Amended Disclosure Rule

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    A Manhattan federal court’s recent ruling in U.S. v. Mrabet forewarns both prosecutors and defense counsel that amended expert witness disclosure obligations will be rigorously enforced by judges, and gives some insight into how courts may deal with related constitutional challenges, say John Siffert and Brandon Davis at Lankler Siffert.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • How The NY AG Leads Investigations In Civil Securities Fraud

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    Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Insurance Considerations For Cos. Assessing New AI Risks

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    Because no two businesses will have the same artificial intelligence risk profile, they should consider four broad risk categories as a baseline for taking a proactive approach to guarding against AI-related exposures, say attorneys at Hunton.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Trump NY Fraud Trial Shows Civil, Criminal Case Differences

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    Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

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