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November 19, 2024 | Corporate Counsel

Trump's SEC Likely to Halt 'Off-Channel' Texting Probe That's Led to Billions in Fines

“All indications are that the SEC’s ‘sweep’ regarding off-channel communications will come to an abrupt end once Trump’s appointees take the reins at the SEC," said David Oliwenstein, a partner at Pillsbury Winthrop Shaw Pittman.
4 minute read
November 19, 2024 | New York Law Journal

The Elliott Management vs. Southwest Airlines Faceoff: Who Won and What Determined the Outcome?

This article discusses the faceoff between the Elliott Management and Southwest Airlines. "Elliott Management Corp.’s recent campaign to oust the CEO of Southwest Airlines furnishes us with a rough measuring rod by which to judge just what activists can (and cannot) achieve."
7 minute read
November 19, 2024 | New York Law Journal

November Court of Appeals Roundup

This article discusses the right to waive counsel for criminal defendants. "The Court of Appeals recently clarified that when criminal defendants wish to waive their right to counsel and represent themselves, the trial court does not need to specifically apprise the defendants of the maximum amount of time to which they could potentially be sentenced.:
7 minute read
November 19, 2024 | The American Lawyer

Why Kramer Levin Decided to Merge

If the firm waited any longer for a merger, it may have been vulnerable to the same fate that other New York-founded firms outside the Am Law 50 have seen.
7 minute read
November 19, 2024 | New York Law Journal

Judicial Ethics Opinion 24-61

(1) A judge who previously served as bureau chief in a district attorney’s office is disqualified from all matters pending in the bureau during the judge’s tenure as chief. (2) If the judge is unsure whether a case was pending in the judge’s bureau during his/her tenure as bureau chief, the judge should make a limited inquiry of the parties.
4 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

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November 18, 2024 | New York Law Journal

Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
November 18, 2024 | New York Law Journal

Steve Bannon 'We Build The Wall' Fraud Trial Pushed to February 2025

The former White House strategist was originally scheduled to face trial in December in Manhattan Supreme Court on charges he defrauded donors attempting to privately finance a wall on the United States' southern border.
2 minute read
November 18, 2024 | New York Law Journal

Questions About Foreclosure Abuse Prevention Act Remain Unanswered

“Just when you think you’re out, the New York Foreclosure Abuse Prevention Act (FAPA) pulls you back in. Since the question at hand is whether or not FAPA can be applied retroactively, a brief trip down memory lane seems fitting.”
5 minute read
November 18, 2024 | New York Law Journal

Are Federal and State Superfund Laws the Best Way to Address Microplastics?

Litigation related to plastics and microplastic pollution is on the rise. Plaintiffs have brought claims under numerous theories of liability. The state of New York’s common law nuisance claims against PepsiCo were recently met with disdain. The court summarily dismissed New York’s case calling it a “predatory lawsuit” that without a statutory claim was “simply policy idealism.” Some parties have raised the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as a statute to regulate microplastics. But is CERCLA really applicable to microplastics?
10 minute read
November 18, 2024 | New York Law Journal

US Judge Told Archegos Founder Can't Afford What Defense Says Is 'Unjustified' $10 Billion Restitution

Prosecutors have asked U.S. District Judge Alvin Hellerstein to sentence Archegos Capital Management founder Sung Kook "Bill" Hwang to 21 years behind bars and forfeit $10 billion. But his lawyers say he's only worth $55 million now.
2 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.