New York

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    Car Parkers Take Jagger, Apatow Firms Off Hook In OT Suit

    Two parking assistants put the brakes on claims that production companies headed by Judd Apatow and Mick Jagger stiffed them on wages, but then refiled the collective and class action cases against new defendants, according to New York federal court documents.

  • February 5, 2016

    Trustee Of $8.5B Countrywide Settlement Asks Judge's Help

    A trustee sought a New York court's help Friday in distributing Bank of America Corp.’s $8.5 billion settlement with investors who had purchased mortgage-backed securities from Countrywide, potentially delaying the disbursement.

  • February 5, 2016

    InterDigital Wants Arbitration Award Against LG Confirmed

    Wireless communications technology developer InterDigital Inc. asked a New York federal judge Friday to confirm an award issued by an international arbitration tribunal in December against South Korean electronics giant LG Electronics Inc. in a patent licensing dispute.

  • February 5, 2016

    2nd Circ. Won't Revive IP Suit Over Goodrich Chopper Parts

    The Second Circuit declined Friday to revive a British aerospace company’s lawsuit against Goodrich Pump & Engine Control Systems Inc. for allegedly stealing trade secrets for technology to control U.S. Army helicopters, agreeing that ATEC took too long to make its claims.

  • February 5, 2016

    Lifetime Wants FCC Input As TCPA Deal Faces Opposition

    The Federal Communications Commission sought comment Friday on a Telephone Consumer Protection Act petition from Lifetime network, which also faced opposition Friday from a plaintiff in related litigation who told a New York federal judge the network cannot escape the suit by offering to pay $3 more than what he could win at trial.

  • February 5, 2016

    DirecTV Customers Appeal Tax Surcharge Arbitration Order

    A proposed class of DirecTV customers said Thursday that they plan to appeal a Connecticut federal judge's decision forcing their $5 million pending class action over the company's allegedly deceptive tax surcharge into arbitration.

  • February 5, 2016

    LeClairRyan Grabs Bankruptcy Pro From Hodgson Russ

    LeClairRyan has picked up a bankruptcy and creditors’ rights expert who has extensive experience working with hedge-fund creditors for a partnership in its New York office, hiring her away from Hodgson Russ LLP.

  • February 5, 2016

    Niger Owes $28M For Broken Passport Contract, Court Told

    Africard Co. Ltd. asked a New York federal court on Thursday to confirm an international arbitration award totaling more than $28 million against the Republic of Niger, which allegedly backed out of a contract for the mass production of biometric and electronic passports.

  • February 5, 2016

    NY Bar Hammers ABA Plan For Legal Services Oversight

    The 74,000-strong New York bar urged the American Bar Association to not approve a framework for how jurisdictions should oversee “nontraditional” legal services, arguing Friday that such a regulatory scheme could open the door to nonlawyer ownership of law firms.

  • February 5, 2016

    Major Publishers Get E-Book Antitrust Suit Tossed

    A New York federal judge on Friday tossed an antitrust suit accusing several major publishers of price-fixing e-books sold by Apple Inc., finding that the company that launched the suit has not shown antitrust injury from the alleged conspiracy.

  • February 5, 2016

    NY Judge Denies Early Relief In 'Real Housewives' Fight

    A New York judge on Friday denied dueling bids to assert control over an apparel company founded by a former star of reality television series "The Real Housewives of New York City" in a fight with the company’s manager and financial backer, calling the efforts premature.

  • February 5, 2016

    4 Firms Guide $390M NYC Rental Tower Buy, $285M Loan

    Four law firms worked on a deal that saw Green Oak Real Estate Advisors LP acquire a New York luxury rental tower from Chicago REIT Equity Residential for $390 million with a Blackstone Group LP unit providing $285 million in financing, according to records made public in New York on Thursday.

  • February 5, 2016

    Argentina Floats $6.5B Deal To End Epic Default Battle

    Argentine President Mauricio Macri is floating a $6.5 billion deal to settle a slew of litigation with holdout bondholders over the country’s 2001 debt default, a court-appointed mediator said Friday.

  • February 5, 2016

    2nd Circ. Urged To Revive Actos Pay For Delay Row

    Actos diabetes drug buyers told the Second Circuit on Thursday that a lower court wrongly dismissed their pay-for-delay suit against Takeda and five generics makers for not plausibly showing the companies' actions delayed generic Actos from hitting the market.

  • February 5, 2016

    McDermott Taps BioTech Markets Pro For NY Office

    McDermott Will & Emery LLP has added a wealth of deals experience to its New York office with the hiring of its newest partner, a biotech markets specialist with extensive experience working on initial public offerings and follow-on capital markets transactions in the U.S. and Israel.

  • February 5, 2016

    Citigroup Halts DraftKings, FanDuel Transactions In NY

    Citigroup Inc. will no longer process transactions for New York residents on daily fantasy sports sites run by DraftKings and FanDuel until there is more legal clarity on the matter, as the companies face enforcement actions by the state attorney general as well as a slew of lawsuits that were recently consolidated.

  • February 5, 2016

    DOL Tells 2nd Circ. 'Black Car' Drivers Not Contractors

    A U.S. Department of Labor attorney on Friday urged the Second Circuit to overturn a judge's finding that "black car" drivers who ferry corporate lawyers and bankers around Manhattan are independent contractors, seeking to revive a proposed class action alleging wage violations.

  • February 5, 2016

    Air China To Pay $50M To Settle Air Cargo Antitrust MDL

    Air China will pay $50 million to settle claims it conspired with other carriers to fix the price of air cargo services, bringing the total amount of settlements in the multidistrict litigation to nearly $1.2 billion, Robins Kaplan LLP announced Thursday.

Expert Analysis

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford, the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Can Foreign Banks Be Forced To Freeze Accounts?

    Kenneth M. Argentieri

    The enforceability of asset freeze injunctions and information subpoenas on foreign banks with operations in New York is not clear cut. The impact of New York banking law on general personal jurisdiction has led to different outcomes before different judges, say Kenneth Argentieri and Yuanyou Yang of Duane Morris LLP.

  • Consider Your Options As NY Proxy Access Efforts Continue

    Yafit Cohn

    The proxy access proposals submitted to public companies by the New York comptroller’s office this year suggest that, in its sustained pursuit of a global standard of proxy access, the comptroller’s office may continue to target those issuers at which its proposal has previously failed, say attorneys with Simpson Thacher & Bartlett LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • 2nd Circ. Highlights Importance Of NY Borrowing Statute

    Kevin P. Broughel

    A Second Circuit decision in IKB Deutsche Industriebank v. McGraw Hill, affirming the dismissal of a complaint against Standard & Poor’s concerning credit ratings, serves as an important reminder that New York’s borrowing statute can be an effective weapon in defending against claims brought by out-of-state or foreign litigants, say Kevin Broughel and Anthony Antonelli of Paul Hastings LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.

  • Lottery Selection Process — Solution Or Problem?

    Andrew Moore

    A recently filed complaint in the Southern District of New York calls into question the legality of the lottery selection process used by the New York City Marathon. Andrew Moore and Erin Elliott of Brownstein Hyatt Farber Schreck LLP take a look at three previous cases that addressed whether “processing fees” constitute consideration in a lottery analysis.

  • Further Clarity On Duty To Disclose Wells Notices

    David M.J. Rein

    Judge John Koeltl’s recent decision in Lions Gate Entertainment Securities Litigation follows and expands upon a 2012 decision by Judge Paul Crotty, also of the Southern District of New York, in Richman v. Goldman Sachs, which similarly held that the receipt of a Wells notice does not create an independent duty to disclose potential regulatory claims, say David Rein and Jacob Cohen of Sullivan & Cromwell LLP.

  • Foreign Bank Orders Signal Increased Focus On AML Failures

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    Recently issued consent orders against two foreign bank branches operating in New York show that during a period of increased focus on anti-money laundering, regulators are taking a closer look at financial institutions' efforts to monitor and thwart illicit transactions, and banks must be prepared to meet regulators' ever-evolving expectations, say attorneys with Arnold & Porter LLP.