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Tuesday, July 21, 2020
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TOP NEWS
Sheldon Silver Winds Up With 6%-Year Prison Term
More than four years after he was first sentenced to 12 years in prison on
corruption charges, former New York State Assembly Speaker Sheldon Silver
on Monday was resentenced to a 6%-year term, in a rejection of his bid for
home confinement.
Read full article »
For Attys, Flexible Work Arrangements May Be Here To Stay
When COVID-19 hit the U.S. in March, law firms grappled with office closures
and remote-work arrangements to comply with local stay-at-home orders.
Four months later, many attorneys seem to have adapted to working from
home and may not need to return to the office anytime soon, experts said
during a panel discussion Monday.
Read full article »
Ex-Fox News Host Accused Of Rape In New Harassment Suit
Fox News fired a producer after she was allegedly raped by ousted host Ed
Henry and complained about toxic workplace culture, while a female guest
lost out on a full-time job after refusing an advance from Tucker Carlson and
enduring harassment by Sean Hannity, according to a lawsuit filed Monday.
Complaint attached I Read full article »
2nd Circ. Upholds Turkish Banker's Conviction
The Second Circuit upheld a Turkish banker's conviction for evading U.S.
sanctions on Iran, saying in a Monday opinion that strong evidence
supported the jury verdict, even if one of the government's charging theories
missed the mark.
Opinion attached I Read full article »
Showtime Beats Cayuga Nation's 'Billions' Defamation Suit
A New York judge has tossed a defamation suit by the Cayuga Nation and a
council member over what they called a negative portrayal of the tribal official
in an episode of Showtime's fictional show "Billions," saying they hadn't
shown the character was based closely enough on the council member.
Opinion attached I Read full article »
Sens. Moving Forward On Bill With 65 New Fed. Judgeships
Two Republican senators are putting the finishing touches on a bill that would
create 65 new district judgeships, a move that would fulfill the federal
;:',,Law360 Practice Groups of the
Year
LAW FIRMS
Alva & Gleizer
Arnold & Porter
Barclay Damon
Berger Montague
Berke-Weiss Law PLLC
Boies Schiller
Cleary Gottlieb
Covington & Burling
Cravath Swaine
Davis Wright Tremaine
Debevoise & Plimpton
Dechert
Dentons
Diserio Martin
Earthjustice
Eisenberg & Baum
Garces & Grabler
Ghidotti Berger
Gibbons PC
Goldberg & Iryami
Goodwin
Harvey & Binnall
Haynes & Boone
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judiciary's recommendation for addressing shortages in overworked courts
across the country.
1 document attached I Read full article »
23 AGs Challenge Rollback Of Transgender Health Protections
A coalition of 23 Democratic attorneys general sued the Trump administration
Monday over a rule eliminating civil rights protections for transgender people
under the Affordable Care Act, arguing the rule ignored the U.S. Supreme
Court's landmark decision extending Title VII protections to LGBTQ workers.
2 documents attached I Read full article »
5Pointz Owner Tells High Court Art Law Is Unconstitutional
A New York City real estate developer who destroyed a famed graffiti space
known as 5Pointz asked the U.S. Supreme Court on Monday to strike down
as unconstitutional a federal law that protects works of art from harm.
Petition attached I Read full article »
EPA Escapes Long Island Sound Dumping Grounds Suit
The U.S. Environmental Protection Agency acted within its rights when
designating an area of eastern Long Island Sound as a dumping ground for
dredged materials in a long-term plan for the region, a New York federal
judge ruled.
Order attached I Read full article »
Federal Coal Lease Ban Should Be Reinstated, AGs Say
Several state attorneys general, environmentalists and a Native American
tribe on Monday regrouped and took another stab at attempting to revive an
Obama-era moratorium on federal coal leasing after a federal judge recently
shot down their initial attempt.
2 documents attached I Read full article »
EMPLOYMENT
WeWork Fights Atty's Bid To Appeal Arbitration Ruling
A New York federal judge should reject a former WeWork attorney's bid to
appeal a decision that the federal arbitration law trumps the state's arbitration
rules on allegations of discrimination, as the question is not "exceptional," the
shared workspace company has argued.
Memorandum attached I Read full article »
SEC Seeks Sanctions For CEO Of Memorabilia Biz
The U.S. Securities and Exchange Commission asked a New York federal
judge Friday to sanction the CEO of a sports memorabilia auction company
and his wife for violating a temporary restraining order in a multimillion-dollar
fraud suit, saying the couple covertly transferred cash from the U.S. to
Russia, perpetrated two insurance fraud schemes and destroyed
communications at the center of the schemes.
Memorandum attached Read full article »
Textron Escapes Investor Suit Over Arctic Cat Buy
Textron Inc. slipped a proposed securities class action Monday after a New
York federal judge found that its shareholders hadn't properly alleged a single
Herrick Feinstein
Hodgson Russ
Hogan Lovells
Jenner & Block
Jones Day
Kaplan Fox
Kirkland & Ellis
Klestadt Winters
Kobre & Kim
Law Offices of Tim Powers
Levi & Korsinsky
Linklaters
McCarter & English
McCulley McCluer
McDermott Will
Morgan Lewis
Norris McLaughlin
Orrick
Palazzo Law Firm
Parker Ibrahim
Paul Weiss
Peiffer Wolf
Petrillo Klein
Rottenberg Lipman
Schneider Wallace
Selendy & Gay
Shearman & Sterling
Sullivan & Worcester
Vinson & Elkins
Weitz & Luxenberg
Wigdor LLP
Wilkinson Walsh
WilmerHale
Winston & Strawn
Ziontz Chestnut
Zumpano Patricios
COMPANIES
Advanced Micro Devices Inc.
American Bar Association
Apple Inc.
Arctic Cat Inc.
Banco Santander SA
Bank of America Corp.
Barclays PLC
Celgene Corp.
Center for Biological Diversity
Chevron Corp.
China International Economic and
Trade Arbitration Commission
Citigroup Inc.
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misrepresentation regarding Textron's purchase of a snowmobile company in
2017.
Opinion attached I Read full article »
Judge Says DOD Freight False Claims Suit Should Proceed
A New York federal magistrate judge recommended that most of the U.S.
Department of Defense's allegations in a False Claims Act suit accusing a
freight carrier of systematically overcharging the department move forward,
while refusing to transfer the case.
Report attached I Read full article »
BANKRUPTCY
Cancer Center Beats Ex-Lobbyist's $6M Claim At 2nd Circ.
The Second Circuit on Monday upheld a bankruptcy court finding that an ex-
lobbyist for 21st Century Oncology Holdings Inc. is not owed $7 million in
bonus pay, saying the letter of the law allows the bankrupt cancer chain to
cap his bonus.
Opinion attached I Read full article »
BANKING
$12.6M Deal In Forex Rigging Suit Gets Initial OK
A $12.6 million allocation plan between a class of investors and several major
banks including JPMorgan Chase & Co., Standard Chartered PLC and Bank
of America Corp. got preliminary approval by a New York federal judge to
resolve foreign exchange market rigging claims against the financial
institutions.
Order attached I Read full article >>
TAX
NYC Biz Execs Oppose Competitive Regional Tax Incentives
New York City business leaders asked political leaders Monday to consider
cutting tax subsidies, ending regional tax incentive competition and
eliminating commercial rent taxes on some businesses in light of the
economic hit caused by the COVID-19 pandemic.
Report attached I Read full article »
PROJECT FINANCE
Vale Wins Bid For Docs In $500M Guinean Mining Project Fight
A New York judge on Monday allowed Brazilian mining company Vale SA to
seek information on the whereabouts of $500 million it invested in a doomed
Guinean mining project to be used in U.K. litigation accusing Israeli billionaire
Beny Steinmetz of fraudulently inducing it to enter into the venture.
Order attached I Read full article ”
IMMIGRATION
NYCLU Sues For Info On Child Refugee Atty Policy Change
The New York Civil Liberties Union filed a freedom-of-information suit
Monday seeking details from the Trump administration about what the rights
group calls a stealth move to cut back on access to lawyers for
unaccompanied immigrant children in federal custody.
Complaint attached I Read full article »
Dell Technologies Inc.
Deutsche Bank AG
El Paso Corporation
FedEx Corp.
Federation for American
Immigration Reform
FibroGen Inc.
Ford Motor Co.
Fordham University
Fox News Network LLC
Henry Schein Inc.
Hertz Global Holdings Inc.
ICAP
Immigration Reform Law Institute
Intel Corp.
JPMorgan Chase & Co.
Los Angeles Dodgers
Mylan NV
National Women's Law Center
New York City Bar Association
New York Civil Liberties Union
Nike Inc.
Partnership for New York City
Pivotal Software Inc.
QUALCOMM Inc.
RFR Realty LLC
Roku Inc.
Santander Investment Securities
Inc.
Servotronics Inc.
Showtime Networks Inc.
Sierra Club
Southern Poverty Law Center
Standard Chartered PLC
State Bar of California
Sunoco LP
TD Ameritrade Holding Corp.
Tencent Holdings Ltd.
Textron Inc.
The Boeing Co.
The Coca-Cola Co.
The Walt Disney Co.
Thoratec Corporation
Twitter Inc.
Vale SA
WeWork Co. Inc.
Witkoff Group
YRC Freight Inc.
Administration for Children and
Families
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NATIVE AMERICAN
Native Cig Co. Says NY Judge Should Snuff Out State's Suit
King Mountain Tobacco Co. has opposed the state of New York's request that
a federal court keep jurisdiction over the state's suit against the Native
American tobacco maker, saying claims King Mountain might have resumed
shipping illegal cigarettes to New York are "flatly wrong."
1 document attached I Read full article »
EXPERT ANALYSIS
Despite 2nd Circ. Ruling, Discovery Statute's Reach Grows
The Second Circuit's recent Guo ruling barring the use of cross-border
discovery under Section 1782 in private, international commercial arbitration
is the exception to the rule of broad circuit-level interpretation as this statute
becomes an increasingly powerful tool for litigators, say attorneys at Dechert.
Opinion attached I Read full article »
Mediator Confidentiality Promises Carry Serious Risks
A mediation agreement that promises to keep evidence confidential could
result in a legal malpractice case for the mediator, and the risk has increased
in the COVID-19 era of online sessions, says mediator Jeff Kichaven.
Read full article »
LEGAL INDUSTRY
'Men's Rights' Atty Named As Killer Of Federal Judge's Son
The deceased gunman suspected of killing U.S. District Judge Esther Salas'
son and wounding her husband at their New Jersey home was identified
Monday as Roy Den Hollander, a solo "men's rights" attorney who has
argued before her, according to the FBI and U.S. attorney's office.
Read full article »
Judge Whose Son Was Gunned Down Made History In NJ
U.S. District Judge Esther Salas, whose son was killed and husband
wounded in a shooting at their New Jersey home Sunday, has had a history-
making judicial career marked by some of the most high-profile cases in the
Garden State, including a recent suit against Deutsche Bank AG over its ties
to millionaire sex offender Jeffrey Epstein.
Read full article »
Analysis
Salas Attack Highlights Importance Of Judicial Security
Past violent attacks on judges and their families have spurred attempts to
address weaknesses in judicial security, but following a fatal shooting at the
home of U.S. District Judge Esther Salas in New Jersey on Sunday, experts
say that even more can be done to ensure the safety of judges and those
close to them.
Read full article »
Haynes And Boone Eyes Expansion With New Leader
A new managing partner will take the helm at Haynes and Boone LLP in
January as the Texas-based firm sets lofty goals to expand at home in Texas
and in its national and international offices, the firm announced Monday.
Read full article »
Coca-Cola, Ford Each Name New General Counsel
Bureau of Citizenship and
Immigration Services
Bureau of Land Management
California Supreme Court
Confederated Tribes and Bands of
the Yakama Nation
European Commission
Executive Office for Immigration
Review
Federal Bureau of Investigation
Georgia Supreme Court
Judicial Conference of the United
States
New York Attorney General's Office
New York City Council
New York State Assembly
Northern Cheyenne Tribe
U.S. Army
U.S. Army Corps of Engineers
U.S. Attorney's Office
U.S. Coast Guard
U.S. Court of Appeals for the
District of Columbia Circuit
U.S. Court of Appeals for the Fifth
Circuit
U.S. Court of Appeals for the Ninth
Circuit
U.S. Court of Appeals for the
Second Circuit
U.S. Court of Appeals for the Tenth
Circuit
U.S. Department of Defense
U.S. Department of Health and
Human Services
U.S. Department of Justice
U.S. Department of the Interior
U.S. District Court for the Central
District of California
U.S. District Court for the District of
Delaware
U.S. District Court for the Eastern
District of New York
U.S. District Court for the Eastern
District of Texas
U.S. District Court for the Southern
District of New York
U.S. District Court for the Western
District of New York
U.S. District Court for the Western
District of Texas
U.S. Environmental Protection
Agency
U.S. Navy
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The Coca-Cola Co. and Ford Motor Co. announced Monday that they will
both have new general counsel, with the automotive giant's top attorney
shifting over to the beverage company.
Read full article »
Gun-Toting St. Louis Attys Charged Over Anti-Protest Standoff
Husband-and-wife attorneys who run a prominent St. Louis personal injury
firm were charged with a felony apiece in Missouri state court Monday as
prosecutors say they brandished an assault rifle and a handgun while
confronting protesters marching outside their home last month.
Read full article »
Allow Menstrual Products At Bar Exam, Thousands Tell NCBE
Thousands of law professors, lawyers and law students on Monday urged the
National Conference of Bar Examiners to clarify that examinees must be
permitted to bring menstrual products to the Multistate Bar Examination,
characterizing some states' practice of banning them as "illogical" and
"shaming."
Read full article »
Ga. Is Latest State To Delay Bar Exam And Move Online
Georgia's high court on Monday canceled the in-person bar examination
scheduled for September and moved the test online, joining a growing list of
states that have changed plans for the exam as a result of COVID-19.
Read full article »
Survey Finds Most Judges Say Systemic Racism Is An Issue
A National Judicial College poll released Monday found that 65% of the
judges who responded believe systemic racism is part of the U.S. criminal
justice system, with many leaving comments that suggested the problem was
one the judiciary should be paying close attention to.
Read full article »
2 Ex-High Court Clerks Exit BigLaw For The MacArthur Center
The appellate practices at Orrick and Jenner & Block each lost a former
Supreme Court clerk this month to the MacArthur Justice Center, a Chicago
public interest law firm aimed at criminal justice reform.
Read full article »
Flynn Says Trial Judge 'Hijacked' Case With En Banc Bid
President Donald Trump's former national security adviser Michael Flynn
accused a federal judge Monday of hijacking his criminal prosecution by
refusing to immediately grant the government's request to end his case and
urged the full D.C. Circuit to allow a recent ruling ordering his case's
dismissal to stand without a review.
Read full article »
Avenatti Is Out Of Money For Legal Fees, Lawyer Says
Michael Avenatti is out of money and can't afford the legal fees for his
upcoming embezzlement trial, his counsel told a California federal judge over
the weekend, asking to continue representing the embattled attorney on a
publicly funded basis.
Read full article »
Expert Witness Sues Levi & Korsinsky For Unpaid Fees
Securities and consumer litigation law firm Levi & Korsinsky LLP has not paid
a financial industry consulting firm for its work as an expert witness in a
proposed class action against TD Ameritrade Inc. and has refused to respond
to a demand for arbitration, according to a suit filed in Connecticut state
court.
U.S. Securities and Exchange
Commission
U.S. Supreme Court
United States District Court for the
District of Montana
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Read full article »
Ex-FAIR Research Director Among 46 New Immigration Judges
Former immigration judges said Monday that the Trump administration's
recent appointments of 46 immigration judges are "a fraud on American
justice" and that the appointment of a former leader of an immigration
restrictionist organization will make it "impossible for one to receive a fair
hearing."
Read full article
Interview
15 Minutes With Geometer's Chief Legal Officer
After in-house stints at EMC and a cloud software company spun out by Dell
EMC and VMware, Andrew Cohen earlier this year helped establish a
software incubator that dedicates a quarter of its projects to furthering the
social good. Here, the head lawyer shares more about the challenges at
Geometer, and the ways he has seen the general counsel role change.
Read full article »
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