From: New York Law360 news-alt@law360.com¶
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Subject: AGs, Carvers’ Cooperation Won’t Stem Robocall Litigation Date: Tue, 27 Aug 2019 08:05:03 +0000¶
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TOP NEWS¶
Analysis¶
AGs, Carriers’ Cooperation Won’t Stem Robocall Litigation¶
A new information-sharing partnership between major phone carriers and attorneys general across the country is expected to expedite the tracking and prosecution of robocall scammers and the networks that enable them, but questions remain about how it will work in practice, experts said.¶
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NY Judge Dodges Most Of Ex-Clerk’s Bias, Retaliation Suit¶
A New York state judge has beaten a former chief clerk’s allegations that he was bullied for being gay, but not his claim that he was illegally demoted after reporting that she kept improperly meddling in the administration of criminal matters while her husband was Staten Island’s district attorney, according to a recent federal court ruling.¶
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Religious Parents Can’t Get Freeze On NY Vaccination Law¶
A New York state judge has denied a bid from a group of parents to block a recent law repealing a religious exemption to mandatory vaccinations in Empire State schools, finding they haven’t shown they are likely to eventually succeed in the case.¶
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NY Extends Clock For Bringing Martin Act Suits To 6 Years¶
New York Gov. Andrew Cuomo signed into law on Monday a bill that brings back a six-year time window for the state’s attorney general to bring financial fraud claims under the Martin Act, undoing a landmark decision from the state’s highest court that had held a three-year statute of limitations applied.¶
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Dollar Stores Will Pay $1.2M For Selling Expired Products¶
Dollar General, Family Dollar and Dollar Tree have agreed to pay $1.2 million in fines after an undercover investigation caught the discount retailers selling expired drugs and useless motor oil, New York Attorney General Letitia James announced Monday.¶
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INTELLECTUAL PROPERTY¶
Shuttered Golf Co. Owner Must Pay Rival $8.9M In Patent Suit¶
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LAW FIRMS¶
Aidala Bertuna Alston & Bird Arnold & Porter Baker Botts Ballard Spahr Boutin Jones Bryan Cave Cadwalader Wickersham Clyde & Co Cohen & Frankel LLP Davis Polk Debevoise & Plimpton Duval & Stachenfeld Eagan Avenatti Epstein Becker Green Eversheds Sutherland Freshfields Bruckhaus Friedman Suder Gair Gair Gibson Dunn Goldstein & Russell Goodwin Greenberg Traurig¶
The owner of a shuttered golf company must pay a rival nearly $8.9 million for infringing a golf bag patent, a New York federal judge has ruled, almost 10 years after he stashed the company’s money in a personal bank account and declared bankruptcy.¶
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EMPLOYMENT¶
Kennedys Beats Appeal In Client Poaching Suit¶
An attorney failed to establish that a Kennedys lawyer poached his clients in a freight business dispute, as he didn’t back up his “bald assertions” that his former clients were fed lies, a New Jersey state appellate court held Monday. Read full article »¶
SECURITIES & WHITE COLLAR¶
December Insider-Trading Trial Set For Ex-SAC Capital Exec¶
Former SAC Capital portfolio manager Richard Lee will stand trial on insider trading charges beginning Dec. 9, a Manhattan federal judge said Monday, scheduling a swift conclusion in a six-year-old case that has been reshaped by changes in controlling law.¶
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Avenatti Gets May Trial Date In Calif. Embezzlement Case¶
Michael Avenatti will get his day in court next spring, a California federal judge decided Monday, scheduling a May 19 trial date in the government’s embezzlement case against the embattled attorney. Read full article »¶
Harvey Weinstein Again Denies Charges, Trial Moved To 2020¶
A New York state judge on Monday delayed the criminal trial of disgraced film mogul Harvey Weinstein until January, after Weinstein pled not guilty to a new indictment accusing him of predatory sexual assault. Read full article Ȧ
Zebra Gets Investor Suit Over $3.5B Motorola Buy Sent To Ill.¶
A New York federal judge has transferred a proposed class action brought by Zebra Technologies Corp. investors over the data technology company’s $3.45 billion buy of a Motorola division, sending the case to Illinois, where Zebra is headquartered.¶
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MERGERS & ACQUISITIONS¶
5 Firms Shape Amgen’s $13.4B Celgene Drug Buy¶
Amgen will shell out $13.4 billion in cash to snap up Celgene’s psoriasis and psoriatic arthritis drug, a deal shaped by five law firms that is aimed at lessening competition concerns with Bristol-Myers Squibb’s Celgene takeover.¶
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BANKRUPTCY¶
US Trustee Skeptical As Aegerion Creditors OK Ch. 11 Plan¶
Aegerion Pharmaceuticals Inc. has reported that the overwhelming majority of its creditors have approved its Chapter 11 plan, while a government bankruptcy watchdog said he was awaiting proof the vote was set up fairly.¶
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Harris Beach Hodgson Russ Kahn Swick Kennedys Law LLP Kirkland & Ellis Kobre & Kim Levi & Korsinsky Littler Mendelson Lowenstein Sandler Manatt Phelps McDermott Will Meunier Carlin Morgan & Morgan Orrick Herrington Paul Weiss Quinn Emanuel Reed Smith Robbins Geller Serrins & Associates Sidley Austin Skadden Snell & Wilmer Sullivan & Cromwell Thompson Hine Troutman Sanders Venable LLP Vinson & Elkins Wachtell Lipton Watson Farley Willkie Farr Zuckerman Spaeder¶
COMPANIES¶
A.W. Chesterton Co. Aegerion Pharmaceuticals Inc. American Civil Liberties Union American International Group Inc. Amgen Inc. Apollo Commercial Real Estate Apple Inc. BB&T Corp. BlackBerry Ltd. Bristol-Myers Squibb Co. Brookfield Properties Corp. CBRE Group Inc. Celgene Corp. Center for Constitutional Rights Chicago Bridge & Iron Co. NV Citigroup Inc. Columbia Sportswear Co. Community Bank¶
CONTRACTS¶
Conoco Details Venezuela Service Efforts In $8.75B Award Suit¶
ConocoPhillips on Monday outlined its attempts to serve Venezuela with a suit seeking to enforce an $8.75 billion award, responding to a New York federal court order that asked for details on its efforts.¶
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TAX¶
NY Urges Justices To Skip Designer Edelman’s Tax Challenge¶
New York’s tax department has told the U.S. Supreme Court it shouldn’t hear designer Sam Edelman’s challenge to its taxation of intangible income of dual residents without an offsetting credit because there’s no conflict with court precedent.¶
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IMMIGRATION¶
20 State AGs Challenge Trump Rule To Detain Migrant Kids¶
California and 19 other states announced Monday that they will sue the Trump administration over its move to eliminate a 20-day limit on the detention of immigrant children, claiming it ignores standards of care established in a decades-old settlement agreement. Read full article Ȧ
ENERGY & ENVIRONMENTAL¶
Investor Suit Over CB&I Failed Nuke Projects Trimmed¶
Engineering and construction firm Chicago Bridge & Iron Co. NV dodged one of four fraud claims brought by investors over its “disastrous” acquisition of Shaw Group Inc. and the decline of its nuclear business Friday when a New York federal judge ruled it time barred.¶
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REAL ESTATE & DEVELOPMENT¶
NYC Real Estate Week In Review¶
Jeffrey Zwick, Keusch Law and Ballard Spahr were among more than half a dozen law firms that steered the largest New York City real estate deals that hit public records last week, a group of transactions led by a $95 million Brooklyn deal.¶
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Real Estate Rumors: Brookfield, RREEF, III. Condo Complex¶
A Brookfield Properties venture has reportedly landed $807 million in financing for the Crown Building in Manhattan, Deutsche Bank arm RREEF is said to have paid $178 million for a Florida industrial property and an Illinois residential condo complex is for sale and could be converted to apartments. Read full article Ȧ
PEOPLE¶
Gibson Dunn Grabs Banking Partner From Debevoise¶
Gibson Dunn & Crutcher LLP has swiped a new partner from Debevoise & Plimpton LLP’s banking team, with Matthew Biben now co-chairing Gibson Dunn’s financial institutions practice group in New York. Read full article »¶
ConocoPhillips Co. Credit Suisse Group AG Deutsche Bank AG Dollar General Corp. Dollar Tree Inc. Dynamex, Inc. Eaton Vance Corporation Enterprise Holdings Inc. Equifax Inc. Goldman Sachs Group Inc. HP Inc. Habib Bank Ltd. Hearst Corp. International Centre for Settlement of Investment Disputes JPMorgan Chase & Co. Landau Uniforms Inc. Levi Strauss & Co. LexisNexis Group Linkedln Corp. Los Angeles Times Major Lindsey & Africa Manulife Financial Corp. Marsh & McLennan Companies Inc. Microsoft Corp. Morgan Stanley Nardello & Co. New York Times Co. New York University Nike Inc. PNC Financial Services Group Inc. Paypal Holdings Inc. Point72 Asset Management LP RELX PLC Rent-A-Center Inc. S&P Global Inc. S.A.C. Capital Advisors LP SVB Financial Group Shaw Industries Group Inc. State Bar of California Sterling National Bank Tax Foundation The Bank of New York Mellon Corp. The Kraft Heinz Co. The Sherwin-Williams Co. Trader Joe’s Co. University Bancorp Inc. Vornado Realty Trust Westinghouse Electric Co. LLC¶
EXPERT ANALYSIS¶
Investment Company Act Circuit Split Exposes Mutual Funds¶
The Second Circuit’s opinion in Oxford University Bank v. Lansuppe Feeder that mutual fund investors can bring private actions to rescind contracts they allege violate the Investment Company Act creates an unconventional circuit split, and poses litigation risk for mutual funds, say attorneys at Goodwin.¶
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The Growing Trend Of State Transfer Pricing Scrutiny¶
Taxpayers that are prepared with contemporaneous, Internal Revenue Code Section 482-compliant documentation supporting the arm’s-length nature of their transactions will be in the best position to defend against the increasingly aggressive and coordinated state taxing authority attacks on intercompany transaction pricing, say attorneys at Eversheds Sutherland. Read full article »¶
LEXIS PRACTICE ADVISOR¶
Using Clawback Provisions For Employee Incentive Pay¶
An employer’s ability to use clawback or forfeiture provisions in employee compensation agreements depends on applicable state wage-and-hour laws. Jeffrey Ruzal and Carly Baratt at Epstein Becker review the types of incentive compensation often subject to such provisions and provide drafting considerations for incentive compensation agreements.¶
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LEGAL INDUSTRY¶
Analysis¶
As Demand For Contract Attys Grows, Firms Outsource Risk¶
As the federal government and states like California split over who might qualify as independent contractors, law firms and businesses are turning to legal services agencies to provide a layer of protection between themselves and their hired legal help.¶
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Georgia Says It’s Not Trying To Copyright Law Itself¶
The state of Georgia has filed its opening shot in a U.S. Supreme Court case over whether annotations to legal texts can be protected under copyright law, stressing it was not asking the justices to rule that “the law can be copyrighted.”¶
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Texas Free Speech Law Doesn’t Apply In Fed. Court: 5th Circ.¶
A Texas free speech law that contains a provision to bring an early end to lawsuits aimed at curbing public participation is in conflict with the Federal Rules of Civil Procedure and therefore cannot be used in federal court, the Fifth Circuit has ruled.¶
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Skadden GC: Craig Defied Calls To Register As Foreign Agent¶
Skadden general counsel Lawrence Spiegel told a Washington, D.C., federal jury Monday that his former colleague Gregory Craig had repeatedly defied calls to register his work for the Ukrainian government because it would cause him and others at the law firm to lose out on future potential job opportunities with the U.S. government.¶
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Yahoo! Inc. Zebra Technologies Corp. iFinex Inc.¶
GOVERNMENT AGENCIES¶
California Supreme Court¶
Chicago Department of Aviation European Union¶
Federal Reserve System¶
Federal Trade Commission¶
Georgia Department of Revenue¶
Internal Revenue Service¶
National Labor Relations Board¶
New York Attorney General’s Office¶
New York State Department of Financial Services¶
New York State Department of Taxation and Finance¶
New York State Unified Court System¶
North Carolina Department of Revenue¶
Rhode Island Division of Taxation Securities and Exchange Commission¶
State of Rhode Island Department of Revenue¶
Texas Supreme Court¶
U.S. Attorney’s Office¶
U.S. Bankruptcy Court for the Southern District of New York¶
U.S. Court of Appeals for the Fifth Circuit¶
U.S. Court of Appeals for the Second Circuit¶
U.S. Court of Appeals for the Third Circuit¶
U.S. Department of Homeland Security¶
U.S. Department of Justice¶
U.S. District Court for the Central District of California¶
U.S. District Court for the Eastern District of New York¶
U.S. District Court for the Southern District of New York¶
U.S. District Court for the Western District of New York¶
U.S. Supreme Court¶
Vinson & Elkins Atty Tapped For Texas High Court¶
A seat on the Texas Supreme Court that will soon be vacated by a justice who has been confirmed to the federal bench will be filled by a former state appellate judge and current Vinson & Elkins LLP attorney, Texas Gov. Greg Abbott said Monday.¶
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Former Bryan Cave Partner Appointed Cred General Counsel¶
Cryptocurrency lending and borrowing company Cred has hired as its general counsel an attorney who previously served as head of Bryan Cave Leighton Paisner LLP’s fintech practice, the company announced on Monday. Read full article »¶
Interview¶
15 Minutes With AIG’s General Counsel¶
When people ask Lucy Fato how she spends her time as the general counsel at AIG, she says she connects dots for others within the finance and insurance corporation to complete tasks more quickly and efficiently. Here, she shares the importance of her law firm experience, a lesson about leadership, and how she helped Tilda Swinton win an Oscar.¶
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JOBS Search full listings or advertise your job opening¶
Insurance Coverage Associate Hunton Andrews Kurth New York. New York¶
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Litigation Funding Business Developer North America Deminor Recovery Services New York City, New York¶
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Attorney - Commercial Litigation/Professional & General Liability (3-6 yrs) Gordon & Rees New York, New York¶
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BIG LAW seeks mid-level L&E assoc NYC Schoen Legal Search New York, New York¶
Mid-sized NY LF seeks add’tl up-and.. coming partners PB $1M+ Schoen Legal Search New York, New York¶
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ECVC Associate Attorney Perkins Coie LLP New York, New York¶
NY/NJ Employment Attorney (3.6 yrs) Gordon & Rees New York, -¶
Real Estate Mid to Senior Attorney Hunton Andrews Kurth New York, New York¶
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