New York

  • July 28, 2014

    US Seeks 5 Years For Ex-Evercore Banker's Insider Trades

    New York federal prosecutors are seeking up to nearly five years in prison for a former Evercore Group LLC investment banker who admitted to trading on inside information about clients, according to a Friday court filing.

  • July 27, 2014

    House Panel Won't Budge In Face Of SEC Subpoena

    A U.S. House of Representatives committee in New York federal court Friday stood its ground against a U.S. Securities and Exchange Commission subpoena for documents in connection with a health care insider trading probe, calling it a "fool's errand" with no legal backing.

  • July 25, 2014

    Ex-S&C Atty’s FCA Suit Claims Vanguard Ducked $1B Tax Bill

    A former Vanguard Group Inc. in-house attorney and ex-Sullivan & Cromwell LLP associate has hit the investment manager with a False Claims Act suit in New York state court alleging it illegally evaded more than $1 billion in federal and state taxes over the past decade, the plaintiff's attorney said Friday.

  • July 25, 2014

    Industry Warns NY Of Overreach On Tipped-Worker Pay Hike

    The Cuomo administration has sweeping power to give legions of waiters and other tipped workers across New York a raise, but industry sources warned ahead of high-profile hearings that a move simply to pay them the regular minimum wage and treat tips as gravy on top would arguably run afoul of legislative intent and would draw a court fight.

  • July 25, 2014

    RBS Urges 10th Circ. To Nix NY Judge's Discovery Powers

    RBS Securities Inc. urged the Tenth Circuit on Thursday to nix parts of an order enabling a New York federal judge to make discovery rulings in a case brought in Kansas by the National Credit Union Administration over RBS' alleged misrepresentations of mortgage-backed securities.

  • July 25, 2014

    Urban Compass Hit With IP Theft Suit After $360M Valuation

    A man who claims to be the former business partner of apartment search website Urban Compass Inc. founder Robert Reffkin sued him and the company in New York state court Wednesday, accusing Reffkin of stealing proprietary information that helped Urban Compass reach a more than $360 million valuation last week.

  • July 25, 2014

    SEC Settles Suit Over $3.3M Stock Counterfeiting Scheme

    A Florida stock-transfer agent has settled SEC charges and pled guilty to federal criminal charges in connection with allegations he stole $3.3 million from investors by selling counterfeit stock certificates via cold calls, according to court documents.

  • July 25, 2014

    Ex-BSGR Agent Gets 2 Years For Obstructing FCPA Probe

    A former agent for mining company BSG Resources Ltd. was sentenced in New York federal court on Friday to two years in prison for obstructing a U.S. Foreign Corrupt Practices Act investigation into potential bribery in Guinea.

  • July 25, 2014

    Lyft Cuts Deal With NY Regulators To Allow NYC Launch

    New York regulators and ride-sharing taxi-app company Lyft on Friday reached a deal that will allow its car service to begin operating in New York City, ending a dispute in which city and state officials sued to block the launch.

  • July 25, 2014

    2nd Circ. Nixes Berger & Associates' Fee Clawback Bid

    The Second Circuit on Friday dismissed Berger & Associates Attorneys PC’s attempt to recoup legal fees stemming from an aborted referral agreement, rejecting the law firm's argument that its former business partner was barred from bankruptcy relief for concealing or destroying evidence.

  • July 25, 2014

    NY Developer Appeals Sandy Flood Limit Ruling

    A Manhattan real estate developer has challenged a New York state judge's holding in a case of apparent first impression that a $5 million limit for flood losses applies to its claim for construction delays stemming from Superstorm Sandy, arguing that Zurich American Insurance Co.'s $7 million sublimit was the proper cap.

  • July 25, 2014

    Tech Co. Wants Ex-Antonelli Lawyer Around For Patent Trial

    An online technology company on Friday fought to keep a bankrupt attorney formerly with Antonelli Terry Stout & Kraus LLP in a malpractice suit accusing the firm of botching a patent application for online advertising inventions, citing tactical implications.

  • July 25, 2014

    Amazon Sued For Selling 'Dancing Water' Speakers

    Amazon.com Inc. was sued in New York federal court for trademark infringement Thursday by a Florida company that is attempting to halt the world's largest Internet retailer from continuing to sell Leading Edge Water Dancing speakers.

  • July 25, 2014

    NY AG Says Posh Manhattan Club Fleeced Timeshare Buyers

    A New York City judge on Thursday ordered a halt to sales of timeshare interests at the Manhattan Club, a luxury midtown hotel, amid allegations by the state attorney general that its principals defrauded purchasers who paid tens of thousands of dollars but then were denied access.

  • July 25, 2014

    Ex-BofA Employee Spared Prison In Bid-Rigging Scheme

    A former Bank of America Corp. employee who pled guilty to participating in a municipal bond bid-rigging scheme and cooperated with the government on several major Wall Street investigations was sentenced in a New York court on Friday to three years' probation.

  • July 25, 2014

    Iran Wants Rehearing Of $1.75B Payout To Beirut Families

    Iran’s central bank has asked the Second Circuit to reconsider en banc its ruling allowing families of victims of the 1983 Marine barracks bombing in Beirut to recover $1.75 billion in Iranian funds held by Citibank NA, saying the decision frees Congress to “pick winners and losers” in the courts.

  • July 25, 2014

    RE Rumor Mill: Salesforce, Blackstone, JFK Airport

    Salesforce.com is reportedly looking for a bigger space in Manhattan, the Blackstone Group LP may exit the single-family home business with an IPO and the Port Authority of New York and New Jersey is poised to issue a request for proposals for a hotel at JFK Airport.

  • July 25, 2014

    H&M, Aeropostale Settle Suit Over 'Live Love Dream' Mark

    A New York federal judge on Friday signed off on a settlement to end Aeropostale Inc.'s lawsuit claiming H&M Hennes & Mauritz AB stole the trademark-protected phrase "Live Love Dream" from its retail rival.

  • July 25, 2014

    Fox Inks $9.3B Deal With BSkyB As Time Warner Rumors Swirl

    Rupert Murdoch's 21st Century Fox Inc. said Friday it would unload its stakes in German and Italian pay-TV assets to British Sky Broadcasting Group PLC in a deal worth $9.3 billion, a move that will likely help Fox in its high-profile hunt for Time Warner Inc.

  • July 24, 2014

    Vimeo Urges 2nd Circ. To Reverse Judge's DMCA Rulings

    Video-sharing service Vimeo LLC has warned the Second Circuit that a New York federal judge's recent interpretations of the Digital Millennium Copyright Act in its row with music publishers and record companies could burden online service providers with massive liability over their users' actions.

Expert Analysis

  • SDNY Weighs In On Third-Party Releases In Bankruptcy

    Frank Grese

    U.S. Bankruptcy Judge Sean Lane of the Southern District of New York in the case of Genco Shipping & Trading Limited waded into the controversy by considering the appropriateness of third-party releases — and nonconsensual ones at that, says Frank Grese of Weil Gotshal & Manges LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Rakoff's Foreign Fund Clawback Ruling Has Limitations

    Raniero D’Aversa

    Judge Jed Rakoff’s recent ruling in the case of Madoff Securities gives comfort to foreign investors that the proceeds of their indirect investments in U.S. companies will not likely be clawed back, but it does not come without certain warnings and limitations — especially considering a contradictory Ninth Circuit ruling issued a mere three days prior to Rakoff’s decision, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Healthfirst Will Help Define '60-Day Rule' For FCA Cases

    Robert Homchick

    State of New York v. Healthfirst Inc. — one of the first cases to test the bounds of the Affordable Care Act's 60-day overpayment rule — may provide insights into the enforcement priorities of federal and state agencies, the interpretation of the 60-day rule by a federal court, and the willingness of courts to impose potentially massive civil penalties, say Robert Homchick and Adam Romney of Davis Wright Tremaine LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • VIDEO: Lacoste North America CEO Discusses US Market

    Anthony Lupo

    Shedding light on the lifestyle brand’s strategic initiatives in the U.S., as well as real estate law and the importance of Fifth Avenue, Lacoste North America president and CEO Francis Pierrel sat down for a video interview with Anthony Lupo, co-chairman of Arent Fox's IP practice and chairman of the firm's fashion, luxury goods and retail group.