New York

  • May 27, 2015

    For-Profit Schools Lose Challenge To Loan Repayment Regs

    A New York federal judge on Wednesday tossed a suit from a group of for-profit schools challenging regulations that require them to show that their students can repay their student loans, finding the U.S. Department of Education has an interest in making sure those students can pay off their taxpayer-financed debt.

  • May 27, 2015

    GM Bankruptcy Judge Grants Stay Of Ignition Switch Suits

    A New York bankruptcy judge on Wednesday agreed to stay dozens of suits filed against General Motors Co. in connection with ignition switch defects for certain cars, saying that dismissing the cases at this juncture could prove “cumbersome” if plaintiffs’ appeal of his order barring the suits is successful.

  • May 27, 2015

    Shareholders Fight Dismissal In Genworth Delayed IPO Suit

    Shareholders in a proposed class action accusing Genworth Financial of lying to investors about a planned 2012 public offering struck back at a motion to dismiss in New York federal court on Tuesday, saying the company misled them even if it claims its statements were factually true.

  • May 27, 2015

    NY Appeals Court Frees Insurance Agent From Sandy Claims

    A New York state appeals court on Wednesday said residents of beachfront condos damaged in Superstorm Sandy can't sue an insurance agent as officers are not bound by corporate contracts, in a decision affirming a lower court's ruling.

  • May 27, 2015

    Global Soccer Case Kicks Off On Loretta Lynch's Home Field

    The historic soccer bribery case launched Wednesday could touch any number of international locales. But to the extent it washes up in America, it will flow through Brooklyn, a fact that did not go unnoticed Wednesday as experts saw a sign that bigger prosecutions may be bound for U.S. Attorney General Loretta E. Lynch's former turf.

  • May 27, 2015

    Martoma Plays Newman Card Again In Quest For New Trial

    Mathew Martoma, the imprisoned former SAC Capital Advisors LP manager, told the Second Circuit on Tuesday that he at least deserves a second shot at trying the insider trading case he lost last year, as the government claims against him were flatlined by the appeals court’s landmark Newman decision.

  • May 27, 2015

    Copyright Suit Dismissed After Attorney Is A No-Show

    A New York federal judge on Tuesday tossed a copyright infringement case brought by music label Wall Street Entertainment LLC after the company’s lawyer was a no-show at a scheduled settlement conference.

  • May 27, 2015

    NY Assembly Approves Universal Health Care

    After two hours of intense debate on Wednesday, the New York Assembly opted to pass legislation that will provide universal health care to all state residents through a system financed by income taxes.  

  • May 27, 2015

    AAA Again Denied Access To Privileged Port Authority Docs

    A New York federal judge on Wednesday affirmed a 2014 ruling that the Port Authority of New York and New Jersey need not produce more documents related to toll increases allegedly used to fund a World Trade Center development plan, tossing aside objections from Automobile Club of New York Inc.

  • May 27, 2015

    PE Firm Cortec Raises $1.1B For Latest Middle-Market Fund

    New York private equity firm Cortec Group said Wednesday that it has closed its latest fund after raking in $1.1 billion in capital commitments to invest in middle-market and high-growth companies. 

  • May 27, 2015

    NY DEC To Improve Oil Spill Monitoring, Response Time

    The New York Department of Environmental Conservation said Wednesday it will put into effect new measures to respond to oil-transportation spills, including aerial monitoring, a 24-hour hotline and other preventive measures, according to a news release.

  • May 27, 2015

    NY Tax Panel Sides With Unicredit Over Interbranch Income

    The New York Tax Appeals Tribunal in a decision released Wednesday invalidated a tax charge of more than $200,000 levied on Italian bank Unicredit SpA by the state’s division of taxation, saying the division misunderstood the tax treatment of interbranch transactions.

  • May 27, 2015

    Ex-Madoff Trader Who Aided US Probe Avoids Prison

    A former trader at Bernie Madoff's securities firm, who cooperated with the government’s investigation into the largest Ponzi scheme in U.S. history, became the third former employee in two weeks to avoid prison time Wednesday in New York federal court.

  • May 27, 2015

    NY AG Schneiderman Outlines Sweeping Ethics Reform Bill

    New York Attorney General Eric T. Schneiderman said Wednesday he will submit a sweeping ethics bill to the state legislature to strengthen the attorney general’s office, ban outside income for lawmakers and reform campaign finance rules, promising legislation that “gets to the root of corruption.”

  • May 27, 2015

    Northwestern Escapes DACA Bias Class Action

    A Mexican national who filed a class action against Northwestern Mutual Life Insurance Co. Inc. accusing the company of discriminating against him because he is only authorized to work through a deferred deportation program has agreed to dismiss his suit, according to a court document filed on Tuesday.

  • May 27, 2015

    NYC Council Greenlights Vanderbilt Corridor Rezoning

    The New York City Council on Wednesday approved a proposal to rezone the Vanderbilt Avenue corridor, which sits across Grand Central Terminal, paving the way for SL Green Realty Corp.’s massive One Vanderbilt mixed-use office project.

  • May 27, 2015

    NY Judge Nixes Deal In Full Tilt Poker RICO Class Actions

    A New York magistrate judge on Tuesday rejected a proposed settlement and refused to certify three putative Racketeer Influenced Corrupt Organizations Act class actions alleging Full Tilt Poker conspired to defraud account holders of millions, saying the deal denies due process to certain class members.

  • May 27, 2015

    Law Trio Steers $74M Brooklyn Hotel Project Financing

    Deutsche Bank AG has provided a $74.17 million financing package for a Brooklyn hotel and retail development project in a deal that saw Greenberg Traurig LLP, Pryor Cashman LLP and Gibson Dunn play key roles, according to city records filed on Wednesday.

  • May 27, 2015

    5 Legislative Efforts NY Developers Should Know About

    With the New York State Legislature's session days quickly winding down and momentum gathering quickly at the city level on a number of real estate issues, here's a look at five key legislative efforts that developers and their attorneys should be tuned into.

  • May 27, 2015

    AmEx Seeks Stay Of Antitrust Order From 2nd Circ.

    American Express filed an emergency request with the Second Circuit on Tuesday to stay a lower court’s decision that barred the company from prohibiting merchants from steering customers toward debit cards or other forms of payment.

Expert Analysis

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • When Do NY Certificates Of Insurance Count As Coverage?

    Joseph Jean

    Despite the general rule in New York that certificates of insurance do not confer coverage, a recent decision from the New York County Supreme Court serves as a reminder that there might still be options to acquire recovery, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • NY Handicap Icon May Empower Plaintiffs Under ADA

    John W. Egan

    The symbolism underlying the design of the "accessible" icon that New York adopted is unquestionably positive. However, it has created uncertainty for public accommodations that must comply with both federal and state law and may be fodder for opportunistic plaintiffs' attorneys who intend to file accessibility claims under the Americans with Disabilities Act in the future, says John Egan of Seyfarth Shaw LLP.

  • ACA, Health Care Overpayments And The 60-Day Rule

    Conor O. Duffy

    While it's unlikely a court will entertain a False Claims Act case where a health care provider’s compliance with a Medicaid overpayment disclosure process results in a technical violation of the letter of the Affordable Care Act's 60-day rule, the potential conflict demonstrates a need for the Centers for Medicare & Medicaid Services to define “return” in its final version of the rule, say attorneys at Robinson & Cole LLP.

  • The Future Is Now: Next-Gen Enforcement At The EPA

    Granta Nakayama

    Given that resource constraints are likely to remain at the U.S. Environmental Protection Agency, Next-Generation enforcement is here to stay, certainly in the near-term. Recent agency memorandum and the Tonawanda Coke Corp. and Noble Energy Inc. settlements make clear that the EPA is committed to incorporating Next-Gen compliance tools in civil settlements, say attorneys at King & Spalding LLP.

  • NYC Employers Should Check Themselves Before Employees

    Holly H. Weiss

    In making decisions about which employees to conduct credit checks on in light of recent amendments to the New York City Human Rights Law, city employers should analyze the job responsibilities for each employee to ensure an employee's actual job responsibilities fall within one of the law's exceptions, say attorneys at Schulte Roth & Zabel LLP.

  • For NY Medicaid, It's Health Reform Vs. Antitrust Law

    Dionne Lomax

    At the heart of the Federal Trade Commission and New York State Department of Health's disagreement over the state's Medicaid program is the mounting tension between health care reform — which focuses on transformative health care models that seek to curb costs and improve care through coordinated and integrated systems — and antitrust law, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • The Spin And Substance Surrounding NY's Brownfields

    Richard G. Leland

    The principal implication of the latest reforms to New York’s Brownfield Cleanup Program is that the state will continue to struggle with the inherent conflict between the needs to redevelop contaminated sites and to conserve resources — not to mention the political spin that subsidizing development in New York City during an apparent real estate boom is a giveaway to developers, says Richard Leland of Fried Frank Harris Shriver & Jacobson LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.