New York

  • November 26, 2014

    NY Firm Sues Ex-Partner For Stealing Client Files, Chairs

    New York law firm Yuen Roccanova Seltzer & Sverd PC sued a former partner in New York state court Wednesday, claiming that the day before he planned to resign, he stole client files, a computer, a desk, three chairs and four file cabinets to furnish his new office.

  • November 26, 2014

    2 Years On, FCA Battles Test Caronia Ruling's Reach

    Two years after the Second Circuit’s Caronia ruling gave free speech cover to off-label drug promotion, the U.S. Department of Justice has become shrewder about bringing False Claims Act cases involving dicey marketing, and imminent rulings are poised to shape the decision’s reach, experts say.

  • November 26, 2014

    Revolving-Door Roundup: Gibson Dunn, Holland & Knight, Irell

    November was a relatively slow month for attorneys moving between the public and private sectors, with only four job-hoppers, in comparison to last month's dozen and a half. But the crop still included stars like a top lawyer for the state of New Jersey and a leading aide to New York Gov. Andrew Cuomo.​

  • November 26, 2014

    DOJ Knocks Apple's 6th Circ. Nod In E-Books Appeal

    The U.S. Department of Justice on Tuesday challenged Apple Inc.'s argument that a recent Sixth Circuit ruling supports the reversal of a ruling that it conspired to drive up e-book prices, saying the tech giant hadn't shown how the other case applied to its Second Circuit appeal.

  • November 26, 2014

    Comcast, NHL Fight TV Viewers' Antitrust Class Cert. Bid

    Comcast Corp., the National Hockey League and others accused of colluding to harm competition in sports broadcasting recently asked a New York federal court to deny the plaintiffs’ bid for certification, saying the class was incohesive and internally conflicted, in a brief made public Tuesday.

  • November 26, 2014

    Wachtell Rips Counterclaim By Icahn's CVR In Legal Mal Row

    Wachtell Lipton Rosen & Katz told a New York judge on Monday that CVR Energy Inc.’s counterclaim in the law firm’s suit fighting back CVR's federal malpractice allegations over Carl Icahn’s $2.6 billion takeover of CVR is barred by earlier rulings.

  • November 26, 2014

    Top NY Court Clears Way For Rent-Overcharge Class Actions

    New York renters alleging overcharges may bring class action claims against landlords, New York's top court held Monday in a blow to landlords seeking to prevent tenants from banding together in court.

  • November 26, 2014

    Olshan Guides Investor In $1.35B SF's Parkmerced Deal

    Two New York investors bought a majority interest in San Francisco’s Parkmerced from its private equity owners, valuing the project at $1.35 billion, after a plan to expand the apartment complex cleared legal hurdles, an Olshan Frome Wolosky LLP partner involved in the deal told Law360 on Wednesday.

  • November 26, 2014

    Bond Buyers Won't Copy Argentina Holdouts, S&P Says

    Argentina’s apparent defeat in an epic sovereign-debt dispute with a small group of U.S. hedge funds won’t encourage bondholders in future sovereign restructurings to litigate for full repayment instead of accepting negotiated haircuts, a ratings agency said Wednesday.

  • November 26, 2014

    GM Must Submit Ex-CEO's Performance Review In Defect Case

    A New York federal judge on Tuesday ordered General Motors Co. to produce a 2009 performance evaluation of its former CEO as part of a $10 billion multidistrict litigation over allegedly defective ignition switches and associated recalls.

  • November 26, 2014

    Momentive Wants $9M In Bondholder Atty Fees Canceled

    Momentive Performance Materials Inc. on Tuesday denied any duty to cover $8.9 million in attorneys’ fees run up by a group of senior bondholders that mounted, and lost, a high-stakes campaign against the company’s Chapter 11 plan in a quest to collect $200 million in disputed payments.

  • November 26, 2014

    Judge OKs $1.6M Settlement In Chinese E-Retailer IPO Row

    A New York federal judge on Wednesday preliminarily approved a $1.55 million settlement in a consolidated securities class action alleging Chinese e-retailer LightInThebox Holding Co. Ltd. had misled investors about the company’s sales growth prospects ahead of its $79 million initial public offering last year.

  • November 26, 2014

    Lowey, Grant & Eisenhofer To Helm Silver Fixing Cases

    Lowey Dannenberg Cohen & Hart PC and Grant & Eisenhofer PA have been appointed co-lead counsel for silver futures buyers and sellers pursuing antitrust claims against Deutsche Bank AG, HSBC USA Bank NA and the Bank of Nova Scotia over a purported price manipulation scheme, a New York federal judge said Tuesday.

  • November 26, 2014

    Pfizer On Sidelines As AstraZeneca Offer Window Opens

    Pfizer Inc. stayed quiet on Wednesday as restrictions imposed by U.K. takeover regulators loosened, allowing it to make another run at British rival AstraZeneca PLC after a previous $118 billion takeover bid suffered a high-profile collapse earlier this year.

  • November 26, 2014

    Upper Manhattan Sees Retail Leasing Rent Jump

    The majority of Manhattan’s retail markets have seen marked rental gains this year, with the average asking rents in the upper Madison Avenue area in particular climbing to about $1,700 per square foot — more than double the area’s 2009 rates, CBRE said in a Wednesday report.

  • November 25, 2014

    Goldman Hit With More Metal-Rigging Claims

    A putative class on Tuesday added to allegations that Goldman Sachs Group Inc. and others unfairly pulled strings in metals markets with a suit that says the bank fixed prices in platinum and palladium, in what plaintiffs firm Labaton Sucharow LLP called the first nationwide suit over those metals.

  • November 25, 2014

    Samsung Can't Put Microsoft Royalty Row On Hold For Appeal

    After denying Samsung Electronics Co.’s bid to send its patent licensing contract dispute to arbitration, a New York federal judge on Tuesday refused to stay the case while Samsung seeks a Second Circuit appeal, ruling Samsung “completely failed” to show it was likely to succeed.

  • November 25, 2014

    RE Rumor Mill: York Downs, BCB Property, Wharton Realty

    York Downs golf course in Ontario has reportedly received a $366 purchase offer, while BCB Property is said to have paid nearly $81 million for a six-building mixed-use portfolio in New York and Wharton Realty has reportedly paid $52.5 million for a Philadelphia shopping mall.

  • November 25, 2014

    NY Judge Says $18M Venable Overcharge Suit Belongs In DC

    A New York judge on Tuesday said the Empire State is the wrong forum for a defense contractor's $18 million suit that accuses Venable LLP of gross overbilling for its work on a case against the government over a deal to lease military vehicles in Afghanistan.

  • November 25, 2014

    KeySpan Prevails In NY Plant Cleanup Coverage Battle

    A New York state jury has found in favor of KeySpan Gas East Corp. in its coverage dispute with Century Indemnity Co. over cleanup costs for polluted manufactured gas plant sites on Long Island, concluding that KeySpan's predecessor provided timely notice to the insurer, according to court documents made public Tuesday.

Expert Analysis

  • 3 Takeaways From Post-Octane Fitness Cases

    Megan Woodworth

    A review of recent district court opinions assessing motions for attorneys' fees under Section 285 provides some support for the prediction that the U.S. Supreme Court’s decision in Octane Fitness would result in an increase in attorney fee awards to prevailing defendants, say Megan Woodworth and Megan Wood of Dickstein Shapiro LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • IRS Disregards Own Revenue Ruling In Barnes Decision

    Jeffrey L. Rubinger

    In a case involving a series of stock transactions by Barnes Group Inc., the U.S. Tax Court and the Second Circuit both held that the taxpayer unreasonably relied on an IRS revenue ruling, making it difficult for a taxpayer to ever be able to rely on a revenue ruling with any degree of certainty, say Jeffrey Rubinger and Nadia Kruler of Bilzin Sumberg Baena Price & Axelrod LLP.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Has NYC Added A 4th Test For Determining Combined Group?

    Jessica L. Kerner

    In the matter of the petition of Astoria Financial Corp. & Affiliates, an administrative law judge determined that the federal savings and loan association was not required to include a subsidiary in its combined New York City bank tax return. It appears, however, that in addition to focusing on the three statutory criteria for requiring a combined return, the city audit also raised a fourth criterion, say Jessica Kerner and Leah R... (continued)

  • Don't Be Shocked By NY's 'Surprise Bills' Law

    Jackie Selby

    New York's recently enacted Emergency Medical Services and Surprise Bills law will impact billing and reimbursement for some out-of-network health care services, require new disclosures from providers regarding their health plan participation status and add new rules for health plans regarding networks and reimbursement for out-of-network services, says Jackie Selby of Epstein Becker & Green PC.