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December 01, 2023 | New York Law Journal

Divergent Paths of Crypto Fraud Enforcement: How Three Major U.S. Agencies Police Fraud

Because Congress has failed to enact modern legislation governing crypto assets, the DOJ, SEC and CFTC have been compelled to shoehorn their crypto-related fraud enforcement strategies into distinct schemes that are decades old. Predictably, the outdated and varied methodologies have returned mixed and contradictory results.
9 minute read
November 30, 2023 | Law.com

NY Licensing Settlement / Georgia License Skirmish / Harris Beach's Cannabis Co-Lead / Trulieve Wrongful Death Suit

New York regulators have agreed to settle a lawsuit by veterans who challenged the Empire State's cannabis-licensing program. Will the recreational-use market finally be able to get off the ground?
11 minute read
November 29, 2023 | New Jersey Law Journal

UnitedHealth Targeted in New Lawsuit Alleging Underpayment of Out-of-Network ER Doctors

This complaint was first surfaced by Law.com Radar.
3 minute read
November 29, 2023 | Law.com

Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board

Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.
11 minute read
November 27, 2023 | New York Law Journal

Going After Blockchain Coders—and Perhaps Even the Code?

A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don't play when it comes to such systems, and thus whether they may potentially be faced with liability.
17 minute read
Law Journal Press | Digital Book New York Attorney Discipline: Practice and Procedure 2024 Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager View this Book

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November 27, 2023 | New York Law Journal

SEC Continues Its Strong Focus on Rooting Out Whistleblower Impediments

In the past dozen years the SEC's whistleblower program has awarded about $100 million a year to tipsters. But the price is eternal vigilance over companies' agreements with employees, which sometimes include language impeding their rights to inform the government of wrongdoing. The article looks at how and why the SEC scrutinizes employment agreements and what it does when companies cross the line set down by Rule 21F-17(a), enacted under the Dodd-Frank Act.
12 minute read
November 22, 2023 | Daily Report Online

'I Didn't Know What to Do': With COVID-19 Back in Courts, Lawyers Want Clarity

"I tried the case for five days and on the fifth day, Friday the 13th, I get COVID," said defense litigator Page Powell Jr. "I didn't know what to do. I've never had this before."
8 minute read
November 22, 2023 | New York Law Journal

The Ethics of Lawyer Movement

This article considers a recent opinion from the New York City Bar Association Committee on Professional and Judicial Ethics Opinion 2023-1 on the topic of attorneys departing from a law firm. This is a subject we have frequently discussed in this column in the past, albeit not recently, and the opinion is a useful summary of the guiding principles involved when lawyers move between law firms.
9 minute read
November 21, 2023 | New York Law Journal

Southern District Judge P. Kevin Castel Celebrated 20 Years on the Bench

A reception to celebrate the judge's 20th anniversary on the bench was held on Nov. 9 at the 40 Foley Square courthouse.
1 minute read
November 21, 2023 | Law.com

Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read

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