New York

  • October 5, 2015

    Real Estate Rumors: Twitter, Ohio STRS, Alcon

    Twitter has reportedly axed plans to expand its offices in San Francisco due to a growth slowdown, while the State Teachers Retirement System of Ohio is buzzed to have struck a $650 million refinancing on a Manhattan tower and Alcon Laboratories is said to be injecting $275 million into an Atlanta expansion.

  • October 5, 2015

    BREAKING: Supreme Court Rejects Newman Insider Trading Appeal

    The U.S. Supreme Court on Monday declined to hear the federal government’s appeal of the Second Circuit’s landmark Newman decision on insider trading, rejecting the opportunity to rule on the thorny and divisive definition of what constitutes the crime.

  • October 2, 2015

    NBC Dodges Defamation Suit Over Rifle Target 'Bomb' Report

    A New York federal judge on Thursday tossed a defamation suit against NBCUniversal News Group over a report on the "Today" show that characterized exploding rifle targets as “bombs,” saying the report was true since the targets are meant to explode and that reasonable viewers would conclude that reported dangers were due to improper uses of the product.

  • October 2, 2015

    NY Town Says Aviation Cos. Can't Block Intervention

    The town of East Hampton, New York, blasted a group of aviation businesses in New York federal court Friday, saying their efforts to keep it from intervening in their suit against the Federal Aviation Administration are employing confusion tactics looking at side issues rather than the key matter.

  • October 2, 2015

    Indian Land Ruling Dooms Tribe's Bingo Hall, 2nd Circ. Told

    A New York village on Thursday told the Second Circuit that its recent decision in a separate case centering on what constitutes "Indian lands" under the Indian Gaming Regulatory Act supports the village’s contention that Cayuga Nation representatives can’t operate a bingo hall there.

  • October 2, 2015

    Costco Fights For 2nd Circ. Appeal Of Tiffany Counterfeit Win

    Costco Wholesale Corp. urged the Second Circuit Thursday to deny Tiffany & Co.'s bid to dismiss Costco's appeal of a lower court's judgment that it sold counterfeit jewlery, saying facts pertinent to its counterclaims are still in dispute and cannot be resolved post-trial.

  • October 2, 2015

    Rep. Argues Buyers Should Know About Labor Trafficking

    Rep. Carolyn Maloney, D-N.Y., argued during a Friday panel discussion in New York that telling consumers about labor trafficking abuses is a prime way to drive market support for conscientious companies, making her case a few days after Signal International publicly apologized to Indian guest workers as part of a trafficking settlement.

  • October 2, 2015

    WTC Lease Holders Ask 2nd Circ. For 9/11 Rebuilding Costs

    World Trade Center lease holders urged the Second Circuit on Thursday to reconsider its recent ruling that they couldn’t recover post-9/11 rebuilding costs in a suit seeking to hold airlines and others liable for tort damages.

  • October 2, 2015

    2nd Circ. Grants Emergency Stay In LightSquared Ch. 11 Row

    The ex-CEO of LightSquared Inc. bought some time for his appeal of the bankruptcy court’s approval of the wireless startup’s reorganization plan when the Second Circuit on Friday granted an emergency stay in the case.

  • October 2, 2015

    KPMG Loses Tolling Reconsideration Bid In Sex Bias Suit

    A New York federal judge on Friday denied a bid by KPMG LLP to reconsider a recent order allowing hundreds of women to opt into a $400 million collective action claiming the firm underpaid and under-promoted female employees, saying its arguments were meritless.

  • October 2, 2015

    Kaplan Fox, Kahn Swick To Lead Eletrobras Investor Suit

    A New York federal judge consolidated two putative investor class actions against Brazilian state-run power company Eletrobras on Thursday, naming Kaplan Fox & Kilsheimer LLP and Kahn Swick & Foti LLC lead counsel.

  • October 2, 2015

    NYC Bar Says Attys Must Tell Clients If Docs Get Destroyed

    New York City attorneys are obligated to tell clients if files relating to ongoing matters have been destroyed in an accident or disaster, or if the situation resulted in their confidential information being compromised, according to a recent ethics opinion.

  • October 2, 2015

    Lucille Roberts Banned Jewish Woman Over Skirt, Suit Says

    An observant Jewish woman sued women’s health club chain Lucille Roberts in New York federal court Friday, accusing the company of “systemic harassment” against gym users who wear skirts as part of their religious practice.

  • October 2, 2015

    CFTC Says Judge Needn't Recuse Over Trader's Fear Claims

    A former trader convicted of threatening to murder regulators is battling the U.S. Commodity Futures Trading Commission over a bid for the recusal of a New York federal judge he says is afraid of him, with the CFTC recently saying the trader has already tried to get the judge tossed for frivolous reasons.

  • October 2, 2015

    USDOT To Streamline $20B Hudson River Tunnel Project

    Amtrak and federal and state agencies will push ahead with plans to build a new $20 billion passenger rail tunnel connecting New York and New Jersey, starting with an expedited environmental review, representatives for involved organizations confirmed Friday.

  • October 2, 2015

    EEOC, Tire Retailer Urged To Talk Settlement In Sex Bias Suit

    A New York federal judge on Friday urged the U.S. Equal Employment Opportunity Commission and Mavis Discount Tire to settle the government's sex discrimination suit against the retailer, as plaintiffs attorneys said their client is frustrated that the nearly four-year-old case has languished in court.

  • October 2, 2015

    Real Estate Rumors: Clarion, Univision, Status Capital

    Clarion Partners has reportedly dropped $78 million on a Seattle apartment property, Univision is said to have signed for 40,000 square feet in Miami, and Status Capital has reportedly bought a New York retail condo unit for $48 million.

  • October 2, 2015

    2nd Circ. Looks Ready To Ground Pilots' Labor Beef For Good

    A group of senior American Airlines pilots taxied into the Second Circuit on Friday in a last-ditch attempt to undo a bankruptcy court’s approval of a collective bargaining agreement that trimmed their benefits, but three judges showed little appetite to accept their proposed interpretation of a key bankruptcy-labor statute.

  • October 2, 2015

    Weil Steers CCMP's Deal For Anti-Slip Shoe Maker

    CCMP Capital Advisors LLC snapped up family-owned Shoes For Crews LLC, a maker of slip-resistant footwear typically worn by restaurant employees, adding to the middle-market private equity firm's portfolio of retail investments with guidance from Weil Gotshal & Manges LLP, according to a statement Thursday.

  • October 2, 2015

    Photographers' NFL Antitrust Suit Called 'Implausible'

    The defendants in a suit filed by seven photographers who brought a copyright and antitrust suit against the NFL and the Associated Press over the league's use of their images asked a New York federal court on Thursday to dismiss the photographers’ second amended complaint, calling their claims that their AP contributor agreements were the product of duress “implausible.”

Expert Analysis

  • Lehman Ruling Offers Much Needed Guidance On 'Loss'

    Fred Sosnick

    A Southern District of New York decision in a Lehman Chapter 11 suit, holding that Intel Corp.’s loss calculation resulting from a failed transaction was appropriate, is significant both because of the dearth of judicial interpretation of International Swaps and Derivatives Association closeouts, and because it affirms the general understanding that a nondefaulting party has broad discretion in calculating “loss,” say attorneys wit... (continued)

  • It May Not Always Be Safe To Follow Advice Of Counsel

    Steven A. Shaw

    The recent Southern District of New York decision in United States v. Wells Fargo Bank is one of the very few addressing whether an individual civil defendant can present an advice of counsel defense using information his employer asserts to be protected by attorney-client privilege, say Steven Shaw and Luke Meier of Covington & Burling LLP.

  • Solving Sovereign Immunity Issues In Reinsurance Disputes

    Edward K. Lenci

    The issue of sovereign immunity continues to bedevil U.S. cedents and retrocedents that seek to collect from foreign reinsurers owned by foreign states and that invoke a state’s pre-answer security requirements. However the proven solution to this problem, a binding arbitration agreement, may not always be available, says Edward Lenci at Hinshaw & Culbertson LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • UCC And The Importance Of A Paper Clip

    Christopher A. Gorman

    Never has the margin between victory and defeat been so thin as in HSBC Bank USA v. Roumiantseva, where a paper clip — yes, a paper clip — was the determining factor in a New York state court awarding summary judgment to the defendant-borrowers in a foreclosure action. The significance of the paper clip was rooted in provisions of the Uniform Commercial Code, says Christopher Gorman of Westerman Ball Ederer Miller Zucker & Sharfstein LLP.

  • Using The Unfortunate Event Test For NY Insurance Claims

    Larry P. Schiffer

    When insurance policy language does not evince an intent to aggregate separate incidents or claims into a single accident or occurrence, New York courts turn to the unfortunate events test to determine whether claims should be aggregated, which raises interesting questions about the accident or occurrence language used by insurance companies, says Larry Schiffer at Squire Patton Boggs LLP.

  • Pope Francis And Pro Bono Publico


    Listening to Pope Francis last week as he made his way from Washington to New York to Philadelphia, one could be forgiven for imagining he was a poverty lawyer in robes. Again and again, he shone light on challenges that pro bono lawyers have wrestled with for years, including the death penalty, housing and homelessness, immigration and even climate change, say Kevin Curnin and Jennifer Colyer of the Association of Pro Bono Counsel.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Disease Outbreaks May Bode Ill For Your GCL Coverage

    Michael H. Sampson

    This summer in New York there was an outbreak of Legionnaires’ disease, allegedly caused by a hotel's cooling towers, that killed 12 people and made 100 others sick. If a business is hit with third-party lawsuits over a disease outbreak, are they covered by their commercial general liability policy? ask Michael Sampson and Caitlin Garber at Reed Smith LLP.

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.