A New York federal judge on Friday tossed a putative antitrust class action alleging Amazon.com Inc. conspired with the six largest book publishers to monopolize the e-book market and prevent competitors from undercutting their prices, ruling the plaintiffs couldn’t back up their claims with evidence.
Former SAC Capital Advisors LP portfolio manager Michael Steinberg yelled at a consultant and made him cry when he suspected the consultant might have been supplying insider information, Steinberg's attorney said at an insider trading trial Monday.
A New York federal judge on Friday held that the trustee liquidating Bernard Madoff’s investment firm’s estate may only assert certain claims against feeder funds on behalf of the firm’s customers if the claims are validly assigned to him.
Eight northeastern states on Monday urged the U.S. Environmental Protection Agency to crack down on air pollution from several upwind states, the latest interstate dust-up over U.S. air policy, which foreshadows even bigger regional battles when the agency proposes greenhouse gas emission rules for existing power plants next year, experts say.
A New York appellate court's move to uphold prison time for a man who recorded sex partners without their knowledge, and later threatened to make the images public, extends "revenge porn" criminal liability beyond "peeping Tom" crimes but leaves cases involving the consensual sharing of images up for debate, experts say.
Resolving long-running multidistrict litigation in New York, Merck & Co. Inc. agreed Monday to pay $27.7 million to settle hundreds of lawsuits claiming its bone drug Fosamax caused a condition known as osteonecrosis of the jaw.
A New York federal judge on Friday pared most claims from Enzo Biochem Inc.’s suit alleging Affymetrix Inc. had breached a contract allowing it to distribute Enzo’s products for detecting nucleic acids, ruling Enzo had not provided enough information to back the claims up.
The attorneys general of more than 30 states on Friday shot back at Apple Inc.'s bid to dismiss their case seeking damages for the company's alleged conspiracy with publishers to fix e-book prices, calling it a "Hail Mary" attempt to avoid accountability.
A New York federal judge at a hearing Thursday denied a bid by the International Swaps and Derivatives Association Inc. to disqualify Quinn Emanuel Urquhart & Sullivan LLP from serving as lead counsel in multidistrict litigation over credit default swap, or CDS, market rigging, saying there was no conflict of interest.
New York-based Verizon Communications Inc. said Monday that it will acquire content delivery services company EdgeCast Networks, in a deal designed to help Verizon strengthen its video delivery and Web services capabilities.
Skadden Arps Meagher Slate & Flom LLP on Friday asked a New York federal judge to toss a putative collective action accusing the firm of violating federal labor law by denying overtime pay to lawyers hired on a temporary basis for document review work.
Sheppard Mullin Richter & Hampton LLP recently landed a new partner from Weil Gotshal & Manges LLP who will bring his skills in competition, consumer protection and deceptive-conduct law to the firm's New York antitrust and trade regulation practice group, Sheppard Mullin said Monday.
A New York federal judge on Friday tossed Enzo Biochem Inc.'s breach of contract, unfair competition and patent claims against two biotechnology companies over their use of its patented technology for labeling nucleotides, the basic building blocks of DNA, after finding Enzo could not back up its accusations.
Metro-North Railroad Co., a unit of New York state's Metropolitan Transportation Authority, has signed a 20-year, 265,903-square-foot lease at 420 Lexington Ave. in Manhattan, landlord SL Green Realty Corp. said Monday.
Sputtering teen retailer Abercrombie & Fitch Co. said Monday that it will keep CEO Mike Jeffries in its C-suite for at least another year after his contract expires in February, brushing off sharp criticism from an activist investor that last week urged his ouster.
Watchdog group Cause of Action asked the U.S. House Committee on Oversight and Government Reform on Monday to investigate Forest City Enterprises Inc.'s use of the EB-5 visa program at its various New York projects, claiming the developer enticed foreign investors by misrepresenting the risks.
A New York federal judge on Friday ruled that the Village of Garden City on Long Island had enacted a discriminatory zoning policy directed at keeping out minority families in violation of the Fair Housing Act, following more than eight years of contentious litigation.
The U.S. Supreme Court on Monday let stand rulings axing a trade secret theft claim involving hard disk drive technology brought by engineering firm Convolve Inc. against units of Seagate Technology (US) Holdings Inc. and Hewlett-Packard Co., rebuffing Convolve's constitutional arguments.
A council tasked with streamlining New York's commercial court published a proposed rule Monday that could give businesses the ability, while entering into contracts, to waive time-consuming litigation tactics, including forum fights and midcase appeals, and limit electronic and regular discovery.
English financial services group Lloyds Banking Group PLC said Saturday it will sell a portfolio of its U.K. corporate real estate loans to Promontoria Holding 87 BV for £90 million ($147.4 million), as part of the company's continued effort to sell off nonessential assets.
The Second Circuit’s opinion in Halebian v. Berv — a significant departure from its own oft-cited Joy v. North decision — highlights that a derivative plaintiff’s entitlement to discovery, if any, is inversely proportional to the showing made by a special litigation committee in support of its motion to terminate, says Donald Corbett of Lowenstein Sandler LLP.
State attorneys general gave online privacy protection increasing attention in 2013. There was mounting pressure from attorneys general to expand privacy protections, a rising number of enforcement actions and increased coordination among states, says Jason Crawford, a federal law clerk.
In Rowland v. Novartis Pharmaceuticals Corp., three Pennsylvania plaintiffs — merely because they were rousted to multidistrict litigation — received the advantage of the different choice-of-law rules for states to which they had no connection, rather than being bound by the choice-of-law rules of their actual domiciliary state. Where, as in Rowland, the plaintiff is a pure litigation tourist, this is an absurd result, says James Beck of Reed Smith LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
The New York State Department of Financial Services is “requiring” about 200 banks “to answer questions in real time on Dec. 12 to assess their cybersecurity policies and processes.” But the DFS will not necessarily learn anything new from the Web-based, real-time surveys, nor is that the stated intent, say Ronald Sarachan and Zoe Wilhelm of Drinker Biddle & Reath LLP.
Three recent cases applied the economic substance doctrine, with quite different results, to the "structured trust advantaged repackaged securities" transaction, one of several foreign tax credit generators the IRS is aggressively challenging. These decisions likely foreshadow a fight in the circuit courts over STARS and the economic substance doctrine, say Robert Probasco and Lee Meyercord of Thompson & Knight LLP.
A new avenue of recovery has just been opened to Madoff victims. The U.S. Attorney for the Southern District of New York recently announced that the Madoff Victim Fund would begin accepting claims. Those who lost money invested with Madoff — indirectly or directly — should be aware of several aspects of the MVF so they can maximize their recovery, say James Masella and Jeremy Weinberg of Patterson Belknap Webb & Tyler LLP.
Organizations that handle personal information have an overwhelming need to screen out untrustworthy job applicants. However, a legislative trend aimed at reintegrating millions of ex-offenders into the workforce has picked up so much steam that this practice is now illegal in some jurisdictions, forcing employers to rethink whether they should ask the question at all, says Philip Gordon of Littler Mendelson PC.