New York

  • July 28, 2015

    Garda Must Pay $10M To Ex-Shareholders After Merger Row

    A New York state judge has awarded $10.5 million to Kumiva Group LLC, formerly ATI Services LLC, after finding that armored-car and security company Garda USA Inc. broke the 2007 merger agreement between the two.

  • July 28, 2015

    2nd Circ. Affirms Convictions In $21M Fraud Case

    The Second Circuit has affirmed the sentences of former GDC Acquisitions LLC CFO Rodney Watts and CEO Courtney Dupree in a $21 million bank fraud, saying Tuesday that their arguments were weak.

  • July 28, 2015

    NFL Goes On Offense In Pushing Deflategate To Federal Court

    The National Football League went on the offensive Tuesday to kick off what's likely to be a contentious federal court battle after Commissioner Roger Goodell's much-anticipated decision to uphold New England Patriots quarterback Tom Brady’s four-game suspension for his part in "Deflategate."

  • July 28, 2015

    NY State Bar Calls For More Discovery In Atty Discipline Cases

    The New York State Bar Association said in a Tuesday statement that the state must increase discovery in attorney disciplinary proceedings after a report by the association's Committee on Professional Discipline found New York to be one of only seven states with "little or no discovery."

  • July 28, 2015

    Forced Arbitration Brings Stay, Not Dismissal, 2nd Circ. Says

    The Second Circuit on Tuesday deepened the appellate split on whether compelled arbitration should dismiss or stay lawsuits, finding that a customer's proposed class action accusing Verizon Wireless Inc. of concealed billing practices should be paused while the two sides go to mediation.

  • July 28, 2015

    Goldman Blasts 'Sideshow' Declarations In Sex Bias Battle

    Goldman Sachs & Co. took aim Tuesday at declarations from women looking to serve as class representatives in a sex bias suit, calling the filings a “sideshow” meant to divert attention from the fact that the women knew about the suit but waited years to try and intervene.   

  • July 28, 2015

    Citizens United Can't Duck NY AG's Demand For Donor Names

    A New York federal judge on Monday denied an attempt by Citizens United to block state Attorney General Eric Schneiderman’s demand that it disclose its major donors in order to seek funds in the state, finding the conservative group is unlikely to succeed in a broader lawsuit.

  • July 28, 2015

    ResCap Wants Judge To Nix 'Foreclosure King's' $6M Claim

    Residential Capital LLC’s liquidating trust on Tuesday urged a New York bankruptcy court to deny a nearly $6 million claim from now-disbarred attorney David J. Stern, known as the 'Foreclosure King,' for providing legal services, saying that a material breach of contract should kill any hope for reimbursement.

  • July 28, 2015

    John Crane Hit With $1.4M Verdict In Asbestos Death Trial

    A New York jury has awarded $1.42 million to the widow of a man who died of mesothelioma in an asbestos exposure suit against John Crane Inc., which the company says will be offset by medical bill payments and settlements.

  • July 28, 2015

    Rakoff Looms Over DOJ's Newman Appeal Decision

    With just days left to petition the U.S. Supreme Court to review the Second Circuit's landmark Newman insider trading decision, the U.S. Department of Justice is likely eyeing a recent opinion by District Judge Jed Rakoff as the potential ammunition it would need to mount a winnable case, experts say.

  • July 28, 2015

    LightSquared Says If Ex-CEO Wants Stay, It'll Cost Him

    LightSquared Inc. pushed back Monday against an attempt by its former CEO to stall the wireless startup's court-approved restructuring plan, arguing that in the unlikely event his request is granted, he would have to post a “substantial bond.”

  • July 28, 2015

    Trustee Sued Too Late To Claim $2.9M Tax Levy: 2nd Circ.

    The Second Circuit Court of Appeals affirmed Tuesday that a New York resident waited too long to try to retrieve an allegedly erroneous $2.9 million Internal Revenue Service levy imposed on her because of her father’s tax liabilities.

  • July 28, 2015

    High-Ranking Justice Department Official To Step Down

    A U.S. Department of Justice criminal division honcho is heading out the door and will be replaced by a seasoned DOJ official, the agency said Tuesday.

  • July 28, 2015

    Ex-Student Says Diabetes Bias Suit Against NFL Not Too Late

    A former high school football player who claims the NFL’s high school program discriminated against him for having diabetes struck back at the league’s argument that his case was filed too late, telling a New York federal court Monday the statute of limitations had not expired before the necessary documents were filed.

  • July 28, 2015

    Intel Fights Lehman Over Doomed $1B Share-Buy Deal

    An Intel Corp. attorney argued Tuesday in New York bankruptcy court that Lehman Brothers Holdings Inc. is on the hook for $1 billion plus interest for failing to deliver on a stock-purchase agreement when the investment bank collapsed in September 2008.

  • July 28, 2015

    Real Estate Rumor Mill: Trump, Morgan Stanley, LinkedIn

    Donald Trump has reportedly sold a New York penthouse for $21 million, while Morgan Stanley is said to be selling its Australia real estate arm for more than $2.2 billion, and LinkedIn has reportedly dropped $9.5 million on a Sunnyvale, California, development site.

  • July 28, 2015

    NY Atty Suspended For Homophobic, Racist Comments

    A New York appellate court on Monday suspended an attorney for three months after he was accused of making racist, homophobic and sexist remarks to other attorneys, in addition to insulting an administrative law judge and being disruptive in a hearing room.

  • July 28, 2015

    Deustche Bank Says Omnicare Can't Revive Class Action

    The U.S. Supreme Court’s recent Omnicare ruling does not provide grounds to revive a shareholder suit against Deutsche Bank AG over an undisclosed €20 billion ($22.1 billion) exposure to risky mortgage-backed securities, attorneys for the bank and certain underwriters told a New York federal judge Monday.

  • July 28, 2015

    NFL Commissioner Upholds Brady's Deflategate Suspension

    National Football League Commissioner Roger Goodell has denied New England Patriots quarterback Tom Brady's appeal of his four-game suspension over the so-called Deflategate controversy involving underinflated footballs used in a playoff game last year, the league said Tuesday.

  • July 28, 2015

    The Best Way To Clarify Who Is Your Client And Who Isn't

    A recent New York state bar opinion should act as a call for lawyers to get the message across in writing that paying a legal bill doesn’t create an attorney-client relationship, experts say.

Expert Analysis

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Beer Lawsuits Brew Caution For Country-Of-Origin Labeling

    Richard A. Mojica

    A recent flurry of class actions brought under state consumer protection laws in California, Florida and New York involving country-of-origin labeling violations by beer companies serves as a reminder that domestic companies must exercise caution when advertising a product as "imported" or "Made in the USA," say Richard Mojica and Austen Walsh of Miller & Chevalier Chartered.

  • NY Appeals Court Wrongly Denied Late-Notice Defense

    Lemley_Charles_WileyRein.jpeg

    For the second time in Estee Lauder Inc. v. OneBeacon Insurance Group, a New York state appeals court has wrongly held that an insurer waived a late-notice defense by failing to raise the defense in its initial disclaimer letter to the insured, based on a flawed application of New York insurance law that attempts to create a common law rule out of a statutory standard, says Charles Lemley at Wiley Rein LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Stage Is Set For NY High Court Review Of Standing Waiver

    Christopher A. Gorman

    There is a clear split in authority among the departments of New York's Appellate Division on whether a standing defense is waived upon a borrower defaulting in a foreclosure action. The potential impact of how the split is ultimately resolved by the New York Court of Appeals cannot be understated, says Christopher Gorman of Westerman Ball Ederer Miller Zucker & Sharfstein LLP.

  • 2nd Circ. Cites Creditor Risks In Involuntary Bankruptcy

    Michael L. Cook

    Creditors are often tempted to file an involuntary bankruptcy petition against their debtor as a way to compel the payment of a debt. But as a recent Second Circuit affirmation in the TPG Troy LLC case shows, the involuntary bankruptcy petition is not just another collection device, says Michael Cook of Schulte Roth & Zabel LLP.

  • Employers Shouldn't Bite Nails Over NY Wage And Hour Law

    Jeffrey H. Ruzal

    After The New York Times' expose of questionable labor practices in New York's nail salon industry, Gov. Andrew M. Cuomo has sought to expand the state’s enforcement authority over health and safety regulations and crack down on wage and hour violations. However, if employers remain proactive in paying overtime, compensating off-the-clock work and maintaining records they won't have to bite their nails, says Epstein Becker & Green ... (continued)

  • Keeping Marblegate In Perspective

    Harald Halbhuber

    A first read of the Southern District of New York’s Marblegate decisions — that involuntary debt restructurings that impair a bondholder’s right to receive payment may violate the Trust Indenture Act — may suggest broad-reaching and potentially problematic implications. A deeper analysis shows a less troubling case, say attorneys with Shearman & Sterling LLP.

  • 2nd Circ. Intern Ruling Could Change Employer Behavior

    Ashley N. Coleman

    The Second Circuit's reasoning in Glatt v. Fox Searchlight Pictures Inc. will likely cause employers to restructure their internship programs to focus more on the educational benefits provided to interns. We may see a rise in unpaid internships coordinated with educational institutions, says Ashley Coleman of Sedgwick LLP.

  • Reflections On The Goldman IP Theft Saga

    R. Mark Halligan

    The failed prosecutions of former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov in both federal and state court should be a wake-up call to Congress and state legislatures that statutes passed years ago when trade secrets were kept in a locked file drawer are no longer well suited for the cyberworld of the 21st century, says Mark Halligan of FisherBroyles LLP.