New York

  • August 26, 2016

    Ex-Lightsquared CEO Takes Bankruptcy Suit To High Court

    LightSquared Inc.'s former chief executive has asked the U.S. Supreme Court to upend a Chapter 11 plan he says unfairly hands some $100 million in value to a hedge fund simply for dropping what the ex-CEO calls “nuissance” lawsuits.

  • August 26, 2016

    Judge Sinks Marine Fuel Shippers' Bid For Payment

    A New York court Thursday turned down attempts by two fuel suppliers left with unpaid bills by bankrupt marine fuel shipper OW Bunker A/S to collect their money from the company's banker or the ships they had serviced.

  • August 26, 2016

    Moose Wizz Root Beer Violates Brewer's Trademark, Jury Says

     A New York federal jury on Friday found that a trademark held by Canada-based Moosehead Breweries was willfully infringed by an upstate New York pub and brewery that makes and sells a brand of root beer called Moose Wizz, awarding Moosehead $8,800 in lost profits.

  • August 26, 2016

    Rakoff Lets Uber Pause Price-Fix Suit For 2nd Circ. Review

    U.S. District Judge Jed Rakoff gave Uber its requested stay Friday in a proposed class action alleging the company and its CEO fixed ride prices, saying the issue of whether consumers can consent to arbitration agreements simply by continuing to use a site or app needs further Second Circuit review.

  • August 26, 2016

    Pa. Fracking Hopeful Says Court Should Weigh Well Block

    A Pennsylvania landowner asked a federal court Friday not to toss its lawsuit against the Delaware River Basin Commission challenging its refusal to approve an exploratory well while a de facto fracking moratorium is in place, arguing it doesn’t have to take up its case with the commission before heading to court.

  • August 26, 2016

    NY Developer Sues Over 'Shady' Refinancing Agreements

    Ginsburg Development Cos. has sued a real estate financing broker in New York state court, looking to recover at least $15 million and accusing him of lying to get its business and then trying to collect commissions he wasn’t entitled to.

  • August 26, 2016

    Taxation With Representation: Ropes, Cooley, Wachtell

    In this week’s Taxation with Representation, Pfizer announces a $14 billion deal for a biotechnology company, a Canadian retail giant drops $4.4 billion on CST Brands and Berry Plastics grows its North American presence with the purchase of a smaller rival.

  • August 26, 2016

    Feds Say Gambler's Looking For Tips In Inside Trading Case

    Manhattan federal prosecutors on Thursday reiterated their call to halt discovery in civil proceedings against a prominent sports bettor and a former Dean Foods Co. board member over an insider trading scheme tied to pro golfer Phil Mickelson, accusing the defense of trying to game the parallel criminal case.

  • August 26, 2016

    Judge Says $306M AIG-IRS Fight Belongs Before Jury

    U.S. District Judge Louis L. Stanton teed up American International Group's $306 million fight with the IRS for a spring trial Friday, openly rooting against a settlement in favor of letting a Manhattan jury decide whether the financial giant's deals with foreign banks had "economic substance" or whether they were merely designed to dodge taxes.

  • August 26, 2016

    Dunkin' Donuts Sales Tax Fight Has Legs, NY Court Told

    Dunkin’ Donuts consumers slammed the coffee chain's bid to toss their class allegations that they were charged illegal sales taxes when buying prepackaged coffee, telling a New York federal court Thursday that it, rather than a tax court, should hear the dispute.

  • August 26, 2016

    Real Estate Giants: 53 West 53rd Street, New York

    New York's 53 W. 53rd St., a unique arrangement through which MoMA will have several floors at the base of a condo building, reached its construction phase through the help of more than half a dozen law firms, and at 1,050 feet is the eighth-tallest U.S. tower currently being built. This article is the third in a series of 10 looking at the law firms and lawyers behind those projects.

  • August 26, 2016

    Atlas Resources Cleared For Ch 11 Exit A Month After Filing

    A New York judge said Friday that he would approve a plan from Atlas Resource Partners LP that’s expected to reduce its debt by $900 million and hand control of the oil and gas business to its lenders, clearing Atlas’ exit from bankruptcy less than a month after filing for Chapter 11 protection.

  • August 26, 2016

    Real Estate Rumors: Rockwood Capital, Lennar, Treetop

    Rockwood Capital has reportedly sold two Manhattan hotels to Sam Chang for $155 million, Lennar is said to have sold a Florida retail center for $18 million and Treetop Development has reportedly bought a Queens rental property for $40.6 million.

  • August 25, 2016

    Kay Parent Co. Faces Investor Suit Over Jewel Swap Scheme

    Signet Jewelers Ltd. shareholders lodged a proposed class action in New York federal court Thursday accusing the parent company of Kay Jewelers of failing to disclose that some customers who brought in rings for repair were victims of “diamond swapping” by rogue employees.

  • August 25, 2016

    NLRB Rules It Has Jurisdiction Over NY, PA Charter Schools

    The National Labor Relations Board decided in two rulings Wednesday that a charter school in New York and a separate charter school in Pennsylvania are both within the board’s jurisdiction and not exempt as political subdivisions under the National Labor Relations Act.

  • August 25, 2016

    Forever 21 Trans Worker's Bias Suit Headed To Arbitration

    Forever 21 Inc. won its bid to compel arbitration of a federal discrimination and retaliation suit brought by a transgender former worker after a New York federal judge found that a contract with an arbitration provision was “valid and enforceable.”

  • August 25, 2016

    Effort To Shrink Immigration Block Faces Steep Battle

    A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road ahead since federal judges don’t often buck each other’s injunctions.

  • August 25, 2016

    Primorsk Cleared To Poll Creditors On Liquidation Plan

    A New York bankruptcy judge has approved Primorsk International Shipping Ltd.’s request to begin polling creditors on its proposal for divvying up proceeds from a $215 million sale of its vessels to Russian shipper SCF Tankers.

  • August 25, 2016

    Beyonce Trailer Is 'Simply Not Similar' to Film, Rakoff Hears

    Beyonce’s 65-second trailer for her visual album “Lemonade” is “simply not similar” to the seven-minute short film “Palinoia,” whose maker accused the chanteuse of copyright infringement, U.S. District Judge Jed Rakoff heard Thursday.

  • August 25, 2016

    Dept. Of Labor Hits 6 NY Nail Salons With Wage Violations

    Six Long Island, New York, nail salons were ordered Wednesday to pay more than $200,000 in back wages and civil penalties after the U.S. Department of Labor found the businesses violated overtime and recordkeeping rules for employees, discoveries that came as part of an ongoing crackdown on an industry accused of exploiting immigrants.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Clarity On The Term 'Reside' Is Good News For NY Landlords

    Brendan Fitzpatrick

    Time will tell whether the New York State Legislature will entertain Judge Eugene Fahey’s suggestion in his dissent in Yaniveth R. v. LTD Realty Co. For now, the New York Court of Appeals ruling reinforces a well-established understanding of the term “resides” in Local Law 1, say Brendan Fitzpatrick and Oliver Twaddell of Goldberg Segalla.

  • Questioning 2nd Circ. Analysis In Aluminum Antitrust Case

    James Robertson Martin

    The Second Circuit recently held in Aluminum Warehousing that consumers that are used as tools to manipulate a defendant’s market can pursue damage claims suffered from manipulation in that market. However, the court went on to hold, consumers that suffered the consequences of a defendant’s unlawful conduct in another market cannot. This seems a bridge too far, says James Robertson Martin of Zelle LLP.

  • Beyond Daubert: How To Exclude An Expert Witness

    Helene Hetchkopf

    While the Daubert standard is a helpful mechanism for excluding experts in scientific fields, it is not very practical for experts in fields that are not scientific. Helene Hechtkopf of Hoguet Newman Regal & Kenney LLP reviews the alternatives for excluding experts who may not rely upon a particular “methodology.”

  • E-Textiles: Regulating The Future Of Fashion

    Lois F. Herzeca

    While smart textiles promise to make our lives easier, more connected and healthier, they inevitably raise concerns about efficacy, safety and security. Sizing up the future of fashion is Lois Herzeca, co-chair of Gibson Dunn & Crutcher LLP's fashion, retail and consumer products practice group.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • Enforcing Oral Settlements: New York's Open Court Exception

    James C. Ng

    New York law's open court exception allows for the enforcement of oral settlement agreement, provided that those agreements satisfy certain conditions. James Ng of Samuel Goldman & Associates explains the process behind the open court exception and the criteria for determining which agreements can be enforced.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.