New York

  • October 26, 2016

    GWB Defense May Have Opening In Conspirator's Shady Past

    Prosecutors have a trove of emails and text messages to pull from in delivering their closing statement Thursday in the George Washington Bridge lane-closing trial, but defense counsel may cast a shadow over that material by focusing on the history of political mischief and falsehoods of the government's star witness, attorneys say.

  • October 26, 2016

    Daily Fantasy False Ad Settlements Tough Pill To Swallow

    DraftKings and FanDuel have escaped the lawsuits by the New York attorney general that could have spelled doom for the daily fantasy sports industry but not without being subjected to state regulation and having to pay $12 million to settle false advertising allegations, a settlement that experts said is a bitter pill to swallow as they look to get the industry back on track.

  • October 26, 2016

    Ex-AIG CFO Says He Was Against Key Deal In Fraud Case

    The former chief financial officer of American International Group Inc. took the witness stand on Wednesday in New York state court in the fraud trial of the executive and former AIG CEO Maurice “Hank” Greenberg, and said he was against one of the reinsurance deals at the heart of the government’s case.

  • October 26, 2016

    GC Egos Can Get In The Way Of Lawsuit Risk Assessment

    In-house lawyers too often let pride soften their take on the risk of new lawsuits and need more truth-telling from their firm lawyers, a panel of general counsels said Wednesday at a symposium in Manhattan.

  • October 26, 2016

    Breitburn Energy Fights To Maintain Control Of Its Ch. 11

    Breitburn Energy Partners LP on Tuesday hit back at objections to extend until January the exclusive period in which the oil and gas company can file a Chapter 11 plan of reorganization, telling a New York judge not to honor unsecured creditors' efforts to block a request backed by senior lenders.

  • October 26, 2016

    GWB Defendant Breaks With Witnesses Over Lane Closures

    A prosecutor on Wednesday confronted a former public official on trial over the George Washington Bridge lane closures about how her testimony conflicts with witness accounts that she took part in a revenge scheme against a mayor and later indicated that she did not know anything about the closures.

  • October 26, 2016

    Midstream Service Cos. Fight Rejection Of Sabine Contracts

    Attorneys for two midstream service companies on Wednesday urged a New York federal judge to overturn a bankruptcy court decision that allowed oil and gas producer Sabine Oil & Gas Corp. to reject gas-gathering contracts in Chapter 11, saying that ruling has riled the energy industry.

  • October 26, 2016

    Judge Dissolves 'Slack-Filling' Suit Over Sour Patch Kids

    A New York federal judge on Wednesday tossed a proposed class-action brought by a candy buyer who alleged the makers of Sour Patch Kids candy "slack-filled" pouches of its product, saying the entire complaint fell short of pleading requirements.

  • October 26, 2016

    GM Wants Brand Devaluation Claims Gone From Ignition MDL

    Vehicle owners whose theory that the General Motors brand lost value because of an ignition switch defect was rejected by the New York federal judge overseeing their multidistrict litigation should not get to amend that claim because it was dismissed permanently, GM argued on Tuesday.

  • October 26, 2016

    NFL Feeder League Wants Players' FLSA Suit Nixed

    The owners of an NFL feeder league asked a New York federal judge Wednesday to throw out a putative class action by current and former players and coaches claiming they were paid sub-minimum wages, arguing their business is seasonal and exempt from federal wage laws.

  • October 26, 2016

    Sotomayor Expresses Nostalgia For Previous 2nd Circ. Gig

    Supreme Court Justice Sonia Sotomayor on Wednesday expressed a deep measure of nostalgia for her previous job as a Second Circuit judge, describing a freewheeling and collegial environment in which the views of junior jurists were as welcome as those of long-timers.

  • October 26, 2016

    Fried Frank Reps Swig-Himmel JV On $200M Loan From Citi

    Fried Frank Harris Shriver & Jacobson LLP represented Himmel + Meringoff Properties and The Swig Co. LLC in connection with their joint venture’s $200 million loan from Citigroup for a New York office and retail property leased to Foot Locker and WeWork, according to an announcement from the firm on Wednesday.

  • October 26, 2016

    FCC Asked To Nix NY's 'Brazen' $170M Broadband Fund Bid

    A group representing wireless internet providers has pressured the Federal Communications Commission to deny the state of New York’s "brazen" bid for $170.4 million in federal broadband development funding, arguing that to bypass a competitive bidding process for the money would be unfair to consumers in other states and would violate FCC rules.

  • October 26, 2016

    Rainmaker Q&A: Orrick's Christina Guerola Sarchio

    For one of my clients it took me 10 years to get my first matter from them. You have to remember that there are lots of lawyers out there, and lots of relationships already in place. Persistence and resilience are key, says Christina Guerola Sarchio, chairwoman of the class action strike team at Orrick Herrington & Sutcliffe LLP.

  • October 26, 2016

    PwC Must Cough Up Docs In NY AG Exxon Climate Probe

    A New York judge on Wednesday ordered PricewaterhouseCoopers LLP to comply with a state attorney general subpoena for documents related to an investigation into whether Exxon Mobil Corp. lied to investors about climate-change-related risks to its business.

  • October 26, 2016

    Real Estate Rumors: HFZ Capital, Stiles, ABS Partners

    HFZ Capital is reportedly in late-stage talks for $1.2 billion in financing for a project that includes hotel and retail components, Stiles is said to have paid $13.1 million for a Florida Bank of America drive-through, and an ABS Partners venture has reportedly paid $17 million for a New York medical office building.

  • October 26, 2016

    Yoga Teachers Are Independent Contractors, NY Court Says

    New York’s highest court reversed a lower court’s decision in an employment dispute between the state and a Manhattan yoga studio, ruling Tuesday that the company did not exercise sufficient control over its non-staff instructors, and they were properly classified as independent contractors.

  • October 26, 2016

    Judge Won't Certify Sabine Creditors' Appeal To 2nd Circ.

    A New York federal judge has declined to certify a bankruptcy judge’s order confirming Sabine Oil & Gas Corp.'s plan for restructuring billions of dollars of debt to the Second Circuit, saying the appeals court has said bankruptcy cases should go through the district court before moving up.

  • October 26, 2016

    Top Homesafe Mortgage Fraud Salesman Gets 1 Year In Prison

    A New York City man with a long criminal record was sentenced to a year and a day in federal prison on Wednesday for his role as a top salesman in the Homesafe mortgage modification fraud, which was shut down after borrowers filed suit in Nassau County in 2011.

  • October 26, 2016

    Time Warner Takeover Pushes Need For Uniform Privacy Regs

    AT&T roused privacy advocates in unveiling an $85.4 billion cash-and-stock takeover of Time Warner over the weekend, a move that steps up pressure to replace the traditional sectorial approach to privacy regulation with more stringent and uniform rules to counter the increasingly blurry lines between the telecom and tech industries.

Expert Analysis

  • Post-Spokeo, Standing Challenges Remain Unpredictable

    Ronnie Solomon

    Since Spokeo, a number of courts have weighed in on whether an alleged statutory violation of a state statute — as opposed to a federal one — suffices as a concrete injury in fact. But the treatment of the issue has not been uniform and the procedural quirks that have arisen add further uncertainty to an already convoluted area of the law, say Ronnie Solomon and Tyler Newby of Fenwick & West LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Harte Decision Shows Value Of Transit Whistleblower Law

    Charles C. Goetsch

    Most employment attorneys don’t know about the National Transit Systems Security Act, which protects public transit employees who report safety hazards in their workplaces. But after a recent U.S. Department of Labor administrative decision in Harte v. New York City Transit Authority confirmed the broad scope of the NTSSA, the law should be on every employment law firm's radar, says Charles C. Goetsch of Charles Goetsch Law Offices LLC.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • Will 2nd Circ. Pare Back Rakoff’s Class Definitions?

    Ronald J. Colombo

    On Nov. 2, the Second Circuit will hear oral argument in a Petrobras investor suit that involves important questions concerning the proper application of Morrison v. National Australia Bank and Basic v. Levinson within the context of class certification. How the court responds to Judge Jed Rakoff’s approach could have profound implications for securities class action litigation, says Ronald Colombo, professor of law at Hofstra University.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • OPINION: The 2nd Circ.'s Misguided Approach To Antitrust

    David Balto

    The Second Circuit's recent decision in American Express obscures the purpose of the antitrust laws, is inconsistent with decades of antitrust jurisprudence, and will handicap the ability of the antitrust agencies and courts to challenge anti-competitive conduct in dozens of markets, says David Balto, a former policy director at the Federal Trade Commission.

  • Insurers' Biggest Headaches: Business Interruption Claims

    Richard C. Ambrow

    Business interruption claims can be very worrisome for insurers, frequently involving complex claims and significant rewards. Richard Ambrow of Troutman Sanders LLP analyzes significant recent cases involving such claims, highlighting common issues such as the purpose of business interruption coverage, and proving causation.