New York : Law360 : Legal News & Analysis (2024)

Moses & Singer LLP has hired a new chairman of its private clients group, who joins the firm after spending over a decade navigating trusts and estates matters with Kudman Trachten Aloe Posner LLP.

High Court Keeps Arbitration Exemption's Focus On Workers

The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.

Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box

As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."

FTC Curtails Treatment Provider's Sharing Of Health Data

The Federal Trade Commission took its latest step Thursday to crack down on the mishandling of sensitive health information, announcing a settlementthat requires a New York-based alcohol addiction treatment service to obtain affirmative consent before sharing this data with third parties and bars the company from disclosing this information for advertising purposes.

Crypto Trader Hit With Judgment In SEC's $4.3M Fraud Case

A cryptocurrency trader has consented to a judgment to end a U.S. Securities and Exchange Commission suit accusing him of duping investors out of $4.3 million by falsely claiming the money would be invested indigital assets that could be obtained at a discount.

State Rules Can't 'Obliterate' Federal Rights, Justices Told

The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

Visa Beats Some Merchant Claims In Antitrust MDL

A New York federal judge has trimmed claims lodged by Home Depot and other merchants against Visa and several banks in sprawling multidistrict antitrust litigation dating back to 2005 over network rules forcing merchants to accept the companies' cards.

2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

Arax Buys US Capital Wealth In Latest Asset Manager Merger

Wealth management platform Arax Investment Partners, advised by Fried Frank Harris Shriver & Jacobson LLP, announced on Thursday that its assets under management will grow to $16 billion following its acquisition of independent wealth management firm U.S. Capital Wealth Advisors, in a deal marking the latest in a string of mergers between asset managers.

Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes

The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.

Syracuse Diocese Told Its Ch. 11 Plan Needs More Work

A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.

Proskauer Adds Kirkland Partner For Tax, Estate Issues

Proskauer Rose LLP has added to its private client services department a partner from Kirkland & Ellis LLP who specializes in developing domestic and international tax and estate plans for clients with very high net worth, the firm announced.

FTX Brass, Investors Can't Move Bankruptcy Suit To MDL

The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.

Calif., NY And SD Judicial Nominees Advance To Full Senate

Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with theNational Asian Pacific American Bar Association and the group's position on hot button issues.

OJ Simpson's Jury Was Sequestered. Why Not Trump's?

Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.

Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

Sen. Menendez's Wife Gets Own Bribery Trial

A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.

Akerman Adds Another Real Estate Litigator In NYC Office

Akerman LLP has hired a litigator who focuses his practice on a range of real estate matters and is joining the firm's New York City office as a partner, the firm announced Wednesday.

Latham, Goodwin Lead Nursing-Care Co.'s Upsized $450M IPO

Nursing-care provider PACS Group Inc. will begin trading Thursday after it raised an upsized$450 million initial public offering within its price range late Wednesday, selling more shares than originally expected, represented by Latham & Watkins LLP and underwriters' counsel Goodwin Procter LLP.

DOJ Hits Regeneron With False Claims Act Suit Over Eylea

The federal government has brought a False Claims Act intervenor complaint inMassachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursem*nt for its drug Eylea, the U.S. Department of Justice announced Wednesday.

BDO Fights SEC's 'Misdirected' Call For 2nd Circ. Rehearing

BDO USA LLP is urging the Second Circuit not to reconsider a decision that freed the firm from private litigation over AmTrust Financial Services Inc.'s financial restatements, saying the court should not heed "misdirected concerns" from the U.S. Securities and Exchange Commission about the ruling's supposed impact on shareholders' ability to sue public company auditors.

DOJ's Apple Antitrust Suit Gets New Judge After Recusal

The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

Former SEC Small Business Office Chief Joins Mayer Brown

The former chief of the U.S. Securities and Exchange Commission's Office of Small Business Policy has joined Mayer Brown LLP as a partner in the firm's public companies and corporate governance practice, where she will counsel startups and established public companies on their obligations under federal securities laws and related corporate governance requirements.

Ex-Art Institutes Execs Want Insurers To Avert $336M Suit

Former executives of a holding company that bought now-defunct for-profit colleges Argosy University, South University and The Art Institutes asked an Ohio federal court to force excess insurers to settle receivership claims before the pair are formally accused of leaving a $336 million debt in their wake.