New York

  • July 22, 2016

    US, HSBC Urge 2nd Circ. To Block Money Laundering Report

    The U.S. and HSBC Bank USA NA both told the Second Circuit to vacate a lower court’s decision to partially unseal a report into the bank's failures to combat money laundering, saying the document is irrelevant to any judicial function.

  • July 22, 2016

    GE Again Says Arbitrators Must Work On Rail Row

    General Electric Co. sought to swat aside arguments by Alstom SA that they must take their dispute over price adjustments in an $800 million rail-signal deal to an accountant, urging a New York federal judge Friday to let arbitration go forward instead.

  • July 22, 2016

    Regional Del. River Agency Wants Fracking Ban Suit Tossed

    The Delaware River Basin Commission on Friday urged a Pennsylvania federal judge to toss a lawsuit challenging an alleged moratorium on natural gas development, saying the landowner bringing the suit must take up its case with the commission itself.

  • July 22, 2016

    Why Gibson Dunn Lost A Big Case To An Old Conflict

    Gibson Dunn apparently missed a relationship with a Second Circuit judge when it agreed to represent private equity magnate Lynn Tilton, a slip experts said was likely an honest mistake but shows the difficulties of recognizing conflicts decades after a former partner has moved on but retains firm ties.

  • July 22, 2016

    Cuneo Gilbert Seeks End To Ex-Atty's Discrimination Suit

    Cuneo Gilbert & LaDuca LLP on Friday urged a New York federal judge to put an end to a discrimination lawsuit brought by a former attorney at the firm, arguing the lawyer has “angrily and blindly lashed out” over imagined slights.

  • July 22, 2016

    Shell Units Argue Market-Rigging Claims Lack Jurisdiction

    Two Royal Dutch Shell PLC affiliates on Thursday tried to escape allegations of European market manipulation from a proposed class of crude oil derivatives traders, arguing in New York federal court that U.S. courts don’t have jurisdiction over conduct by Shell’s international arm in foreign markets.

  • July 22, 2016

    GM Can Show Seatbelt Evidence At Ignition Switch Trial

    The New York federal judge overseeing General Motors ignition-switch defect multidistrict litigation said Thursday that the automaker can put forth evidence about whether a Virginia woman in an upcoming bellwether trial was using her seatbelt at the time of her accident.

  • July 22, 2016

    SEC Fights To Keep Grip On Insider-Trading Victory

    Federal securities regulators on Friday defended civil verdicts against two brokers who traded on a $1.2 billion IBM deal before it was public, citing a jury's unanimity and the volume of evidence around each link of a complicated chain as reasons for a New York federal judge not to grant a new trial.

  • July 22, 2016

    Kirby McInerney Wins Lead In $551M La Quinta Class Action

    A New York federal judge on Thursday named Kirby McInerney LLP lead counsel in a proposed class action alleging hotel chain La Quinta Holdings Inc., The Blackstone Group LLC and others failed to disclose a downturn in the chain’s financials ahead of the company's $550.8 million secondary public offering.

  • July 22, 2016

    L'Oreal To Buy US Brand IT Cosmetics In $1.2B Deal

    French cosmetics giant L’Oreal SA on Friday said that it will buy New Jersey-based IT Cosmetics LLC, a private equity-backed skin care and makeup company, for $1.2 billion in cash, in a deal that will bolster the company’s high-end beauty imprint.

  • July 22, 2016

    NY Scores Partial Win Over Native-Owned Tobacco Co.

    While a federal judge on Thursday cleared a Native American-owned tobacco maker of most of the federal trafficking claims lodged against it by New York state, he found it liable for certain state law claims in a suit stemming from millions of dollars in allegedly unpaid cigarette taxes.

  • July 22, 2016

    Voxx Dodges Investor Suit Due To Vague Witness Statements

    A New York federal judge on Friday said that confidential witness statements were too vague to prop up a proposed shareholder class action accusing Voxx International Corp. of making overly optimistic statements to investors despite a decline in sales.

  • July 22, 2016

    Delhaize, Ahold Win FTC OK Of $29B Grocer Merger

    Grocery giants Delhaize and Ahold can go ahead with a planned merger valued at about $29 billion if they sell off 81 stores, the Federal Trade Commission said Friday.

  • July 22, 2016

    Property Broker Advised To Pay NY Tax Despite Conn. Office

    A real estate broker that moved its New York office to Connecticut in 2011 is subject to New York state taxes for commissions received on the sale of two properties in 2014 based on the frequency and regularity of its business in the Empire State, according to an advisory opinion made public Friday.

  • July 22, 2016

    Nationals Appeal MLB Arbitration Denial In MASN TV Dispute

    The Washington Nationals asked a New York state appellate court on Thursday to overturn a motion denying the club’s bid to arbitrate a long-running broadcast fee dispute with the Baltimore Orioles and the Mid-Atlantic Sports Network before a Major League Baseball committee.

  • July 22, 2016

    Bear Stearns Didn't Need Insurers' OK For Settlement: Judge

    A New York state judge has ruled that Bear Stearns did not necessarily trigger an exclusion to its insurance policy by entering a settlement with the U.S. Securities and Exchange Commission in 2006 without its insurers' permission, as the insurers had already made clear they were denying the claim.

  • July 22, 2016

    Real Estate Rumors: Columbia Medical, Related, Crest

    Columbia University Medical Center has reportedly leased 13,370 square feet in New York from Thor Equities, while Related Group is said to have sold a Florida apartment complex for $62.4 million, and Crest Realties has reportedly picked up a New York rental property for $39 million.

  • July 22, 2016

    FedEx Fights Shipping Records Bid In Cigarette Tax Case

    FedEx told a federal judge Thursday it shouldn’t have to turn over shipping records and other documents the city and state of New York have said are crucial in their suit alleging the courier illegally shipped untaxed cigarettes from Native American reservations, arguing the documents aren’t relevant.

  • July 22, 2016

    Banks Ask 2nd Circ. To Nix Petrobras Class Certification

    A group of financial institutions that includes JPMorgan Chase Inc., Merrill Lynch Pierce Fenner & Smith Inc. and Citigroup Global Markets Inc. urged the Second Circuit on Thursday to toss out a class certification in a New York shareholder suit against Petroleo Brasileiro SA, saying that it's impossible to determine who is in the class.

  • July 22, 2016

    Ex-Union Boss, Hedge Fund Founder Deny Kickback Charges

    Money man Murray Huberfeld and former New York City correction officers union President Norman Seabrook denied charges Friday that they engaged in a scheme to direct union investment dollars toward Huberfeld's Platinum Partners LP fund in exchange for kickbacks that flowed back to Seabrook.

Expert Analysis

  • Microsoft Search Warrant Case Is A Win For Privacy

    Bradley S. Shear

    The Second Circuit's recent ruling that the U.S. Department of Justice may not utilize a U.S. search warrant to access customer data stored overseas is a victory for not only personal privacy rights but also for the theory that people’s rights in the physical world should be extended to the digital world, says attorney Bradley Shear.

  • Workplace Video Monitoring: What Employers Need To Know

    Barbara E. Hoey

    Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can have unintended consequences well beyond its intended purpose, say Mark Konkel and Barbara Hoey at Kelley Drye & Warren LLP.

  • Curing Substantive Ambiguities In Debt Documentation

    Abbe Dienstag

    Recent New York state court decisions in GSO Coastline v. Global A&T Electronics present a cornucopia of issues arising under standard indenture clauses. First, beware of seemingly technical amendments to indentures that have substantive consequences, says Abbe Dienstag of Kramer Levin Naftalis & Frankel LLP.

  • OPINION: It's Time To Radically Rethink Immigration Reform

    John W. Lawit

    The antiquated Immigration and Nationality Act of 1952 has outlived its usefulness. It is time for a completely new law, based not on conditions from more than 60 years ago, but rather focused on the nation’s needs going forward into the 21st century, says John Lawit of John W. Lawit LLC.

  • A State-By-State Guide To Driverless Car Regulations

    Michael W. Reynolds

    In the absence of federal regulation, only nine states and the District of Columbia have passed laws addressing autonomous vehicles, leaving the other states to wrestle with the complexity and uncertainty of interpreting existing state laws, which presume human drivers, to permit the operation of AVs, say Michael Reynolds and Jason Orr at O'Melveny & Myers LLP.

  • NY High Court's Ambac Decision Causes Litigation Confusion

    Savvas A. Foukas

    The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.

  • How States Are Reacting To EPA's CAA Mandate

    Allison B. Rumsey

    States' responses to the U.S. Environmental Protection Agency’s action calling for revision of their Clean Air Act implementation plans suggest that while they are working to comply with the EPA mandate, at the same time many are attempting to build in some flexibility where there are excess emissions as a result of startup, shutdown or malfunction, say Allison Rumsey and Erika Norman at Arnold & Porter LLP.

  • REBUTTAL: NY Joins Everyone Else On Insurance Allocation

    John P. Winsbro

    Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.

  • Lehman Court Flip-Flops On Flip Provisions

    Patrick E. Fitzmaurice

    A recent decision from a New York federal judge in the Lehman Brothers bankruptcy case departs from precedent in the same case in determining that so-called “flip” provisions in swap agreements are protected by the Bankruptcy Code’s safe harbor provisions for swap agreement transactions, say Patrick Fitzmaurice and Stephen Roach of Troutman Sanders LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.