To understand the litigation and regulatory risks that are coming in 2024 for private capital, it is helpful to look back briefly on recent events. Arguably, the single most important event over the last 18 months was the rapid increase
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Race Discrimination Claims by Broadway Actor Sent Back to the Underworld in the Face of Producer’s First Amendment Rights
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications…
Proskauer Secures Settlement in Prisoner Rights Litigation
Since 2020, Proskauer has acted as pro bono legal counsel representing an inmate in the Illinois Department of Corrections (“IDOC”) in connection with his Eighth and Fourteenth Amendment claims in the District Court for the Northern District of Illinois. Plaintiff…
Enforceable Terms and Arbitration Provisions Important for Providers in Current Crypto Cyberthreat Environment
According to a recent Bloomberg Law article [subscription required], in the past year there has been a sharp decline in active civil suits against cryptocurrency exchanges, digital wallet, mobile phone providers and others involving claims related to crypto hacking incidents…
New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment
Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New Jersey and one…
Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information
An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own competing product. Though the arbitrator did not find Pennymac liable…
FTC and DOJ Clarify Preservation Obligations for Instant Messaging Platforms
The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject of government investigations and litigations, emphasizing messaging platforms, such as…
BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule
On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas struck down the…
SEC Settlement Highlights Risks for 13G Filers When Moving from Passive to Active Status
The SEC’s recent enforcement settlement involving a fund manager highlights the SEC’s focus on an investor’s “control purpose” triggering the requirement to file on a Schedule 13D as opposed to a short-form 13G. At issue was HG Vora Capital Management’s 5%…
Change to non-domicile tax regime forms part of UK Spring Budget 2024
As part of the UK’s Spring Budget 2024, the Chancellor of the Exchequer, Jeremy Hunt, has announced the abolition of the remittance basis for income tax and capital gains tax for non-UK domiciled, UK resident individuals (the “Non-Dom Regime”) with…