In United States v. Sterkaj, the Second Circuit (Cabranes, Raggi, and Nathan) vacated a sentence imposed on Klaudio Sterkaj because it represented an impermissible upward variance under United States v. Stratton, 820 F.2d 562…
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/ Criminal Law, Immigration Law
As if QSBS wasn’t good enough already, the “Big Beautiful Bill” signed into law by President Trump on July 4, 2025 enacts significant, founder-friendly changes to Section 1202 of the Internal Revenue Code, which substantially…
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/ Business Organizations, Taxation
Financial uncertainty has spread across the globe. The U.S. disrupted international commerce by repeatedly threatening to impose sweeping tariffs on dozens of countries, including some of the nation’s closest trading partners…
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/ Bankruptcy, Conflict of Laws, Finance & Banking, International Law & Trade
United States Magistrate Judge Figueredo recently denied Plaintiff EscapeX IP, LLC’s (“EscapeX”) efforts to seal its objections to billing records Defendant Google LLC (“Google”) had originally filed under seal in connection…
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/ Civil Procedure, Constitutional Law
In United States v. Lawrence, the Second Circuit (Park, Menashi, and Kahn) affirmed the within-Guidelines sentence of Andrew Lawrence, who pleaded guilty to six counts of distributing and possessing with intent to distribute…
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/ Civil Procedure, Criminal Law
On June 4, 2025, the Securities and Exchange Commission (“SEC”) published a concept release soliciting public comment in connection with its re-examination of the nearly 50 year old definition of foreign private issuer (“FPI”)…
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/ Administrative Law, Finance & Banking, International Law & Trade, Securities Law
On June 5, 2025, in a unanimous ruling authored by Justice Ketanji Brown Jackson, the U.S. Supreme Court revived the employment discrimination claims of an Ohio woman who contends that she was the victim of “reverse…
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/ Civil Rights, Constitutional Law, Labor & Employment Law
Judge Nelson S. Román (S.D.N.Y.) recently dismissed a patent-infringement complaint for failure to state a claim, emphasizing the requirement that plaintiffs plead factual allegations rather than legal conclusions. Endobotics,…
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/ Civil Procedure, Intellectual Property
After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming…
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/ Administrative Law, Antitrust & Trade Regulation, Mergers & Acquisitions
The new administration has recently taken steps to revise guidance with respect to two retirement plan investment options: cryptocurrency, and funds focusing on environmental, social, and governance (“ESG”) factors. These two…
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/ Administrative Law, Labor & Employment Law, Finance & Banking
Joshua Jordan was the CEO of Prehired LLC (“Prehired”), a “members-only workforce accelerator.” In December 2023, Jordan logged into Prehired’s Wells Fargo bank account online. He transferred $74,000 to the account of another…
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/ Bankruptcy, Business Torts, Civil Procedure
The filing of an appeal in federal court generally divests the lower court of jurisdiction. This rule of appellate jurisdiction applies both to appeals from a district court to a court of appeals and from a bankruptcy court to a…
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/ Bankruptcy, Civil Procedure, Finance & Banking
On May 12, 2025, Matthew Galeotti, the Head of the Criminal Division of the Department of Justice (“DOJ”), announced changes to DOJ’s white collar enforcement priorities and corporate cooperation policy. During a speech on May…
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/ Business Organizations, Criminal Law, International Law & Trade
On March 11, 2025, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia granted a shipping company’s motion for summary judgment, dismissing an antitrust case brought by the only other company that…
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/ Antitrust & Trade Regulation, Maritime Law, Transportation
Judge Paul A. Engelmayer (S.D.N.Y.) recently construed claim terms at issue in a patent litigation between Plaintiffs Trove Brands, LLC, d/b/a The BlenderBottle Company, and Runway Blue, LLC (collectively, “Trove”) and Defendant…
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/ Civil Procedure, Intellectual Property