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New York
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August 20, 2025
US Trustee Seeks Two-Year Bankruptcy Ban For NYC Pot Club
The U.S. Trustee's Office has urged a New York bankruptcy judge to block a self-described cannabis club from filing for bankruptcy for two years, saying the organization has filed a string of recent Chapter 11 petitions to thwart evictions.
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August 20, 2025
10th Circ. Says NM Gun Waiting Period Is Unconstitutional
The Tenth Circuit has struck down New Mexico's seven-day waiting period on gun purchases as unconstitutional, finding in reversing a lower court's decision that the law aimed at reducing violence, including suicides, unduly limits the right to bear arms under the Second Amendment.
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August 20, 2025
Twitter Shareholders Say Musk Can't Hide Behind Attys
Twitter shareholders have asked a New York federal judge to force Elon Musk to either hand over discussions he had with his attorneys prior to his pre-acquisition purchase of Twitter shares or to declare that he does not plan to use the advice of counsel defense, saying Musk cannot use his attorneys as both "a sword and a shield."
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August 20, 2025
2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit
The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.
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August 20, 2025
Nutter Welcomes Tax Atty In NY From Fox Horan
Less than a month after announcing it had grown its ranks by 8% with the addition of 13 attorneys in three states, Nutter McClennen & Fish LLP said earlier this week that it has hired a New York-based tax attorney from Fox Horan & Camerini LLP.
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August 20, 2025
NY Town To Expedite Mosque Approvals In Land-Use Deal
The town of Oyster Bay, New York, has settled a mosque's claims that the town amended its parking laws in a targeted attempt to thwart redevelopment efforts, agreeing to oversee the quick approval of the mosque's application and to amend the underlying parking ordinance.
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August 20, 2025
DLA Piper Adds Another Investment Funds Atty From Kirkland
DLA Piper announced another addition to its investment funds practice from Kirkland & Ellis LLP on Tuesday, this time a New York-based partner with a range of multibillion-dollar matters under his belt.
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 20, 2025
Counsel Switch For 'Jailhouse Lawyer' Comes With Warning
A New York City recidivist fraudster convicted of fleecing inmates' families by charging them for unauthorized legal filings got new counsel on Wednesday, after a Manhattan federal judge said she thinks he is "playing games" ahead of a potentially long sentence.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
Manufacturing Cos. Score $23M Win In Lengthy Asbestos Suit
Two manufacturing companies involved in a long-running dispute over coverage for asbestos bodily injury claims have won $23 million from an Allianz unit for damages and interest, with a New York trial court finding the manufacturers properly determined claim liabilities.Â
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August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight
Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
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August 19, 2025
BofA Knocks Out State Law Claims In Zelle Fraud Class Action
A North Carolina federal judge partially sustained Bank of America's objections to a magistrate judge's recommendation allowing a proposed class action over alleged fraud on the peer-to-peer payment service Zelle to proceed, finding that the suit fails to plausibly plead claims under any of the asserted state consumer protection statutes.
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August 19, 2025
Judge Backs NBA In Referee's Vaccine Mandate Fight
The NBA secured a partial victory in a religious discrimination lawsuit challenging its COVID-19 protocols, with a Manhattan federal judge tossing the testimony of a fired referee's expert witness and ruling that the league's refusal to let him work unvaccinated was a justified business necessity.
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row
The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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August 19, 2025
CFTC Wins $228M Restitution Order Against Ponzi Schemer
A New York federal judge on Tuesday ruled that it was "ludicrous" for a man who pled guilty to running a Ponzi scheme to try to escape punishment in a related suit brought by the U.S. Commodity Futures Trading Commission, ordering him to repay his victims over $228 million.
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August 19, 2025
TriZetto Wants Nearly $18M In Atty Fees In Trade Secret Fight
Healthcare software company the TriZetto Group has requested nearly $18 million in attorney fees in a decadelong trade secrets legal battle with Syntel Inc., saying its rival's "unreasonable" litigation conduct merits the award.
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August 19, 2025
Sacramento Says 2nd Circ. Erred In Cannabis Ruling
The city of Sacramento has told the Ninth Circuit that the Second Circuit erred when it applied the U.S. Constitution's dormant commerce clause to marijuana, and urged the appellate court not to follow suit in a similar pending case.
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August 19, 2025
Judge Backs Deal To Overhaul NY Kids' Mental Healthcare
A New York federal judge has given the green light to allow the state to revamp its Medicaid mental health services for children to expand greater in-home and crisis care to prevent the institutionalization of kids.Â
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August 19, 2025
NY US Atty Hit With Complaint For Alleged Media Retaliation
A collection of nonprofit organizations that support press freedoms has called for an ethics investigation of acting U.S. Attorney John A. Sarcone III of the Northern District of New York, saying he may have "unconstitutionally retaliated" against a newspaper that reported on him.
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August 19, 2025
Fanatics, NFT Co. Get Parental Leave Suit Narrowed
Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.
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August 19, 2025
Kratom Seltzers Co. Sued Over Claims Drinks Are Addictive
Florida-based kratom beverage maker Mitra-9 has been hit with a proposed class action in New York federal court accusing it of misleading consumers with claims that its drinks are safe and "all natural," when in reality the active ingredient is highly addictive, causing opioid-like dependencies and withdrawals.
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August 19, 2025
Libra Promoters' Assets Unfrozen As Judge Vacates June TRO
A Manhattan federal judge on Tuesday denied injunctive relief for plaintiffs seeking over $100 million in damages over losses they took backing the cryptocurrency project Libra, saying she would dissolve an earlier asset freeze restraining two individual defendants who no longer seem at risk of dissipating assets.
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August 19, 2025
Firm For Sex Abuse Survivors Grows In NY, Plans Md. Launch
Herman Law, a firm that represents survivors of sexual abuse, announced Monday that it has opened its second New York office in Buffalo, with plans underway to launch in Baltimore soon as well.
Expert Analysis
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Tips For Managing Social Media And International Travel Risks
Employers should familiarize themselves with the legal framework governing border searches and adopt specific risk management practices that address increasing scrutiny of employees’ social media activities by immigration enforcement, say attorneys at Thompson Hine.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Navigating Court Concerns About QR Codes In FLSA Notices
As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Opinion
State Bars Must Probe Misconduct Claims, Even If It's The AG
The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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State, Fed Junk Fee Enforcement Shows No Signs Of Slowing
The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.