New York

  • May 27, 2016

    Netflix Loses Fight Over Early Showing Of Relativity Films

    Netflix Inc. lost a bid to release two of Relativity Media’s new films early when a New York bankruptcy judge issued a ban Friday on the streaming service’s use of the works before they hit theaters, a ruling Netflix immediately said it would appeal.

  • May 27, 2016

    Nationals Want TV Fight With Orioles Sent Back To Arbitration

    The Washington Nationals on Friday again urged a New York state judge to force the Baltimore Orioles and the Mid-Atlantic Sports Network to re-arbitrate before a Major League Baseball committee a long-running dispute over broadcast fees owed by the network, which televises both teams’ games.

  • May 27, 2016

    Recruiter Not Owed For NFL Star’s $40M Deal, Court Told

    A sports management company and a law firm that represented NFL wide receiver Mike Williams in a $40 million deal with the Tampa Bay Buccaneers told a New York federal court Friday they plan to file a motion to dismiss a suit alleging they stiffed a businessman on recruiting fees.

  • May 27, 2016

    Scotts Miracle-Gro Seeks Swift Victory In False Ad Suit

    The Scotts Miracle-Gro Co. pushed a New York federal judge Thursday to grant it a quick win in a class action accusing the company of falsely advertising a line of grass seed, saying there is no evidence showing EZ Seed’s consumers were unable to grow plants from the product.

  • May 27, 2016

    Beastie Boys Fight For Their Right To Atty Fees In IP Row

    Attorneys for rap group the Beastie Boys argued in New York federal court on Thursday that a small record label is on the hook for $845,000 in attorneys’ fees, saying that the label is responsible for its “baseless” claims that the group violated copyright laws with samples from a funk group’s songs.

  • May 27, 2016

    Verizon, Unions Agree To Tentative Deal To End Strike

    Verizon Communications Inc. union members who have been on strike the last 45 days over a nine-month-long contract dispute have reached a deal in principle with the company for a four-year contract, U.S. Labor Secretary Thomas Perez announced on Friday.

  • May 27, 2016

    Atty Banned From SoulCycle Loses Retaliation Appeal

    A New York employment attorney can’t take action against fitness chain SoulCycle for banning him from its classes after he represented a former instructor in a lost-wages suit, a New York state appeals court said Thursday.

  • May 27, 2016

    Ex-NY Senate Leader Skelos Appeals Corruption Conviction

    Former New York State Senate majority leader Dean Skelos on Thursday launched an appeal of his conviction and five-year prison sentence for using his powerful position in Albany to solicit illegal payments from real estate, insurance and environmental consulting businesses.

  • May 27, 2016

    No More Delays For $100M Egypt Bond Debt Trial

    A July trial on whether businessmen Ramy and Michel Lakah can be held liable in arbitration to debt investors including UBS AG for $100 million in bonds issued to businesses the Egyptian brothers controlled is going forward regardless of Ramy Lakah's purported trouble in obtaining a visa, a Manhattan federal judge said Friday.

  • May 27, 2016

    K&L Gates Adds Corporate Partner From Foley & Lardner

    K&L Gates LLP on Thursday announced that it has bolstered its investment management, private funds and corporate and private equity practice groups with the addition of a partner from Foley & Lardner LLP, who will practice out of the firm's New York and Miami offices.

  • May 27, 2016

    Searching Old Data OK In ‘Good Faith,’ Full 2nd Circ. Rules

    In a blow to privacy advocates, the full Second Circuit on Thursday said federal agents did not exceed their authority and acted in "good faith" when searching three-year-old copies of the hard drives of a Connecticut accountant facing tax fraud charges, who said the data should have been deleted because it was obtained in a separate investigation.

  • May 27, 2016

    BakerHostetler Lures Former Dentons & SEC Securities Pro

    BakerHostetler has expanded its securities team in New York with the addition of a former Dentons partner who served as special counsel to the U.S. Securities and Exchange Commission in the 1990s.

  • May 27, 2016

    Taxation With Representation: Proskauer, Skadden, Hogan

    In this week's Taxation With Representation, investment firm Ares Capital makes a $3.43 billion purchase to increase its direct lending capabilities, Siris Capital Group buys up a Massachusetts technology company and an $8.4 billion real estate investment trust is born.

  • May 27, 2016

    Renco Bondholder Suit Aims To Thwart $211M Judgment

    Business magnate Ira Rennert's Renco Group Inc. filed a lawsuit Friday in New York that seeks to thwart bondholders’ ability to collect on a $211 million judgment over allegations that Rennert and his investment holding firm helped drive the company’s magnesium production unit MagCorp into bankruptcy.

  • May 27, 2016

    Contract Breach Claims Survive In MasterCard Processor Suit

    A federal judge in New York on Thursday said that a Jordan-based credit card servicer's $75 million breach of contract claims against MasterCard International could move forward in a battle over the cancellation of the relationship between the two companies.

  • May 27, 2016

    Cocoa Co. Wants $2.6M Award Over Contract Breach Upheld

    A New Jersey-based cocoa trading house pressed a New York federal court Thursday to cement a $2.6 million arbitration award it won against an agricultural cooperative of Peruvian cocoa and coffee farmers in a contract dispute, rejecting the contention that the award should instead be vacated.

  • May 27, 2016

    Dylan Thomas Pic Owners Rage Against The Dying Of The Suit

    Two entities that purport to own copyrighted images of the Welsh-born poet Dylan Thomas, which allegedly were used without permission to promote tourism in Wales, said Friday they have no intention of going gently despite a New York judge's refusal in large part to hear the case and a challenge to their control over the stills across the pond.

  • May 27, 2016

    Japanese Co. Blasts ING's Bid To Arbitrate OW Bunker Row

    A Japanese marine-equipment supplier urged a New York federal court Wednesday to keep intact its suit seeking to sort out competing payment requests for a marine fuel shipment it ordered from bankrupt OW Bunker, rejecting ING Bank NV’s assertions that the dispute lacks ties to the U.S. and should be arbitrated.

  • May 27, 2016

    Dewey's DiCarmine Taps Seward & Kissel, Drops Pro Se Plans

    Former Dewey & LeBoeuf LLP executive director Stephen DiCarmine on Friday dropped his longtime counsel at Bryan Cave LLP in favor of Seward & Kissel LLP, for a coming retrial over a purported scheme to con the law firm’s financial backers out of tens of millions of dollars before it collapsed in 2012.

  • May 26, 2016

    Sabine Creditor Objection Sets Up Fight Over Ch. 11 Plan

    The committee representing Sabine Oil & Gas unsecured creditors urged a New York bankruptcy judge Wednesday to reject the company’s proposed restructuring plan, saying it hinges on a “flawed” valuation of the debtor’s prepetition collateral that significantly shortchanges junior creditors’ potential recoveries.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • NY AG Simplifies Registration For Out-Of-State Condos

    Douglas P. Heller

    The New York attorney general's recent policy statement on the Martin Act will permit developers of projects located in other jurisdictions to more easily offer those projects in New York and allows prospective buyers in New York to make better-informed decisions on whether or not to purchase them, says Douglas Heller at Herrick Feinstein LLP.

  • The Alan West Story: Why An Innocent Man Pled Guilty

    Gregory Morvillo

    The statistics, common knowledge, and the cautionary tale of Alan West demonstrate that which the U.S. Supreme Court recognized and Judge Jed Rakoff gave public voice to: sometimes innocent people plead guilty to crimes they do not commit, say Gregory Morvillo and Caitlin Sikes of Morvillo LLP.

  • Yellowstone Injunctions Aren't Always Routine

    Michael E. Feinstein

    A recent decision by a New York state appeals court, IP International Products v. 275 Canal Street Associates, provides a potent reminder that timely Yellowstone injunctions will not necessarily be granted where lease violations are both serious and clear, says Michael Feinstein at Rosenberg & Estis PC.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Why FEMA's Sandy Claims Review Process Isn't Working

    Douglas J. Pepe

    Concerns over the administration and implementation of the National Flood Insurance Program following Superstorm Sandy resulted in a novel, ad hoc procedure for the adjustment and payment of previously closed flood claims, but the review process that was promised differs greatly from the process currently in practice, says Douglas Pepe at Joseph Hage Aaronson LLC.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • An FCA Update As We Await High Court's Escobar Decision

    Brad Robertson

    The federal False Claims Act may soon be reshaped. With a case pending before the U.S. Supreme Court on the controversial theory of implied false certification, a pair of interesting cases in the Second Circuit and a recent House Judiciary Subcommittee raising issues of FCA reform, the law may face changes in text or interpretation, say attorneys with Bradley Arant Boult Cummings LLP.

  • Does Mickelson Case Signal A New SEC Insider Trading Rule?

    Thomas O. Gorman

    Absent allegations that he violated the insider trading laws, there does not appear to be any reason for professional golfer Phil Mickelson to be named as a party in a recently announced insider trading case — unless the U.S. Securities and Exchange Commission is rewriting insider trading law, says Thomas Gorman, a partner at Dorsey & Whitney LLP and former senior counsel in the SEC Division of Enforcement.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.