From: New York Law360 <news-alt@law360.com>
To: <

Subject: AGs, Carriers' Cooperation Won't Stem Robocall Litigation Date: Tue, 27 Aug 2019 08:05:03 +0000

Law360 New York

NEW YORK

Tuesday, August 27, 2019

## 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. Read full article >>

## NY Judge Dodges Most Of Ex-Clerk's Bias, Retaliation Suit

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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.

Opinion attached | Read full article >>

## 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.

Decision attached | Read full article >>

## 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.

Bill attached | Read full article >>

## 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.

Read full article >>

## INTELLECTUAL PROPERTY

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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

Shuttered Golf Co. Owner Must Pay Rival $8.9M In Patent Suit

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.

1 document attached | Read full article >>

## 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.

Read full article >>

## 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 >>

## Zebra Gets Investor Suit Over $3.5B Motorola Buy Sent To III.

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.

Order attached | Read full article >>

## 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.

Read full article >>

## 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.

2 documents attached | Read full article >>

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

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## 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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1 document attached | Read full article >>

## 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.

Brief attached | Read full article >>

## 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 >>

## 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. Order attached | Read full article >>

## 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.

Read full article >>

## 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 >>

## PEOPLE

## Gibson Dunn Grabs Banking Partner From Debevoise

## Gibson Dunn Grabs Banking Partner From Debevoise (cont.)

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
LinkedIn 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

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 >>

## 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. Opinion attached | Read full article >>

## 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. Read full article >>

## 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.

Read full article >>

## 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." Read full article >>

## 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.

Read full article >>

## 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.

Read full article >>

## Skadden GC: Craig Defied Calls To Register As Foreign Agent (cont.)

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

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## 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.

Read full article >>

## 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.

Read full article >>

## JOBS

Search full listings or advertise your job opening

Insurance Coverage Associate
Hunton Andrews Kurth
New York, New York

elite lit boutique // mid level assoc
Schoen Legal Search
New York, New York

Patent/life sciences PhD NYC
Schoen Legal Search
New York, New York

Stellar mid-sized firm seeks outstanding
mid level m&a atty
Schoen Legal Search
NYC, New York

NYC Corp Assoc Mid-sized Lifestyle
Schoen Legal Search
NYC, New York

Litigation Funding Business Developer
North America
Deminor Recovery Services
New York City, New York

Insurance Coverage Associate
Skarzynski Marick & Black LLP
New York, New York

Employment Associate (3+ yrs)
Gordon & Rees
New York, New York

Attorney-Commercial

(3-6 yrs)
Gordon & Rees
New York, New York

## JOBS (cont.)

M&A Associate
Perkins Coie LLP
New York, New York

In-House Pharma Corp/NYC 2-5+yrs
Schoen Legal Search
New York, New York

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

Banktcy Boutique Counsel/Partner
Schoen Legal Search
NYC, New York

JD/Chief of Staff Music Law Firm
Schoen Legal Search
NYC, New York

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 New York, New York

Litigation/Professional & General Liability Hunton Andrews Kurth

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