New York RSS

  • April 17, 2014

    Record Giants Say Pandora Illegally Streams Old Hits

    Capitol Records LLC, Sony Music Entertainment and several other record companies sued music-streaming service Pandora Media Inc. in New York state court on Thursday, claiming the company is infringing on their copyrights by using pre-1972 recordings by artists like Aretha Franklin and the Rolling Stones.

  • April 17, 2014

    2nd Circ. To Test Flexibility Of FINRA Arbitration Rule

    A Connecticut hedge fund faces an uphill battle in the Second Circuit next week in a bid to overturn a district court's narrow definition of "customer" under the Financial Industry Regulatory Authority’s arbitration rules despite FINRA's open-ended interpretation of the term, attorneys say.

  • April 17, 2014

    Apartheid Abuse Suits Revived Against Ford, IBM

    A New York federal judge on Thursday revived claims that Ford Motor Co. and IBM Corp. aided and abetted apartheid-era South Africa by selling the government military vehicles and computers, ruling that corporations could be held liable under the Alien Tort Statute.

  • April 17, 2014

    RE Rumor Mill: Mobil Building, SL Green, CT's Gold Coast

    The so-called Mobil building on East 42nd St. in Manhattan is reportedly in contract to New York investor David Werner for $900 million, SL Green Realty Corp. is looking to sell a development site on Third Avenue near East 59th Street, and home sales on Connecticut's Gold Coast are breaking records — one just closed for $120 million.

  • April 17, 2014

    Rihanna, Ex-Accountants Settle Action Over 'Ill-Gotten' Fees

    R&B star Rihanna on Thursday settled a lawsuit against her former accountants at Berdon LLP that accused the firm of extracting millions of dollars in “exorbitant” commissions, but not before a federal judge berated attorneys for being unprepared to offer a concrete deal.

  • April 17, 2014

    Bear Stearns Workers Duck Claims Over Billionaire Stock Buy

    A New York federal judge has dismissed claims that two former Bear Stearns Cos. LLC employees duped billionaire Roger Wang and his wife into buying stock in the bank shortly before it collapsed in 2008, according to a Wednesday ruling.

  • April 17, 2014

    TIG Sues NHL, 11 Insurers Over Concussion Injury Coverage

    TIG Insurance Co. on Tuesday sued the National Hockey League and nearly a dozen insurers in New York state court, contesting that it owed coverage for two class actions brought by hockey players over concussion injuries.

  • April 17, 2014

    LeClairRyan Bags Seasoned Med Mal Trial Lawyer In NYC

    LeClairRyan has snagged an experienced McAloon & Friedman PC medical malpractice trial lawyer, who's also a former New York City criminal prosecutor, to join its medical malpractice defense and health care teams, the firm said Monday.

  • April 17, 2014

    Gupta To Surrender For 2-Year Prison Term In June

    Former Goldman Sachs Group Inc. director Rajat Gupta has two months to surrender himself for his two-year prison sentence on criminal charges of insider trading, a New York district judge ordered Thursday.

  • April 17, 2014

    Deals Rumor Mill: PrimeCredit, Alitalia, Discovery

    Standard Chartered’s Hong Kong consumer finance unit PrimeCredit, valued at $700 million, has drawn the attention of private equity firms Bain Capital and Carlyle Group, while Etihad Airways has toughened its stance on conditions for an investment in Italy’s struggling Alitalia.

  • April 17, 2014

    Skadden To Pay $4.25M In Settlement With Fletcher Trustee

    A New York federal bankruptcy court approved a $4.25 million settlement Tuesday requiring Skadden Arps Slate Meagher & Flom LLP to pay bankrupt hedge fund Fletcher International Ltd. and several creditors to resolve claims the law firm failed to protect the interests of the hedge fund and its investors.

  • April 17, 2014

    FEMA Grants $403M In Sandy Relief For NY Tunnels

    The Federal Emergency Management Agency said Thursday it would give $403 million to the New York's Metropolitan Transportation Authority to help repair damage sustained after Superstorm Sandy flooded tunnels with seawater. 

  • April 17, 2014

    Dentons Lands Chief Health Care Fraud Prosecutor

    Dentons has nabbed a top federal prosecutor and health care fraud specialist from the Eastern District of New York to serve as a partner in the firm's health care practice, it announced Wednesday.

  • April 17, 2014

    5 Suits Over $45B Comcast-TWC Merger Consolidated

    A New York state judge on Tuesday ordered the consolidation of five shareholder class actions against Time Warner Cable Inc. and Comcast Corp. in New York Supreme Court that seek to halt the mammoth $45.2 billion merger that would reshape the cable industry.

  • April 17, 2014

    De Blasio Expands Sandy Rebuild, Buy-Back Program

    New York City Mayor Bill de Blasio on Thursday released a new set of recommendations for assisting homeowners whose property was damaged by Superstorm Sandy, expanding the administration's commitment to rebuilding and financial support.

  • April 17, 2014

    Convicted CityTime Scammers Denied New Trial

    A federal judge on Thursday refused to order a new trial for two of the three men found guilty of wire fraud, bribery, conspiracy to commit money laundering and other charges after allegedly taking kickbacks in the scandal-plagued CityTime project to modernize New York City’s payroll system.

  • April 17, 2014

    NYC Hotelier Pleads Guilty To Illegal Campaign Donations

    New York business man and hotel magnate Sant Singh Chatwal pled guilty in federal court to making $180,000 in illegal campaign contributions through straw donors and to a charge of witness tampering, U.S. Attorney Loretta E. Lynch’s office said Thursday.

  • April 17, 2014

    H&M Draws Closer To Win In Pig Image Trademark Row

    A New York federal magistrate judge released a report Wednesday suggesting that an H&M Hennes & Mauritz AB clothing line featuring the image of a pig did not violate a local fashion designer's trademark featuring a comparable image after determining that customers were unlikely to confuse the two product lines.

  • April 17, 2014

    Rajaratnam Tax Shelter Firm Can't Get Help Paying $5M Award

    A New York judge on Wednesday tossed a lawsuit by tax firm Diversified Group Inc. that had hoped to force accountants and tax attorneys to help pay a $5 million arbitration award against Diversified for selling illegal tax shelters to notorious inside trader Raj Rajaratnam.

  • April 17, 2014

    EPA Misses Deadline For Cooling Water Intake Rule

    The U.S. Environmental Protection Agency failed to meet Thursday's court-ordered deadline to finalize a long-delayed cooling water-intake rule for power plants, and the environmental group suing the agency over the regulation refused to give the agency more time.

Expert Analysis

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • Light On The Horizon For 'Bad Boy' Guarantors

    Janice Mac Avoy

    In keeping with commercial real estate guarantors’ expectations of what it means to sign a “bad boy” guaranty, the Southern District of New York’s ruling in CP III Rincon Towers v. Cohen has turned the tide against recent decisions that purport to apply “plain language” in a way that causes commercially unreasonable and absurd results, say Janice Mac Avoy and Gregg Weiner of Fried Frank Harris Shriver & Jacobson LLP.

  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Far from being some secret Skull and Bones-like project, the American Law Institute's Principles of Liability Insurance are presently the most talked-about subject among liability insurance professionals. As for their possible significance for liability coverage issues, there wouldn’t be all this talk if there were nothing to see, says Randy Maniloff of White and Williams LLP.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • What Will Gov't Seek To Prove In Rajaratnam Brother Case?

    Michele Adelman

    More courts than not have found that the government bears the burden of proving that a remote tippee knew that the tipper received some form of personal benefit, so the inevitable question is whether the government will reverse course and seek to prove that Rajarengan Rajaratnam knew that his brother Raj's tippers received a personal benefit, rather than running the risk of having a reversal of any conviction of Rajarengan, says Michele Adelman of Foley Hoag LLP.

  • Baidu Ruling Reinforces Search Engine Immunity

    Joshua Fowkes

    The ruling by the Southern District of New York in Zhang v. Baidu strongly supports the principle that search engines and e-commerce sites are immune from legal claims based on how they retrieve, present and rank information and products. This result is particularly important because high rankings on Google, Amazon and other powerful search engines are critical for companies conducting e-commerce, says Joshua Fowkes of Arent Fox LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.