New York

  • June 29, 2015

    Madoff Trustee Attacks Banks' $800M Territoriality Tactic

    The trustee for Bernie Madoff's investment outfit launched a full-court press Monday on an issue that threatens over $800 million worth of his clawback suits, telling a New York bankruptcy court he is authorized to reach overseas to take back profits from Credit Suisse AG, Societe Generale SA and others.

  • June 29, 2015

    Ignition Switch Plaintiffs Slam GM's 'False Media Spin'

    Plaintiffs targeting General Motors Co. in the New York federal multidistrict litigation over its ignition switch defect lashed out against the automaker Friday, arguing that its motion for a protective order on pre-trial discovery is part of its strategy to 'spin' the media after its recall scandal.

  • June 29, 2015

    NFL Ventures Issues $620M In Grade 'A' Bonds

    The National Football League Ventures LP has issued $620 million in senior notes, guaranteed by the NFL, to raise funds for its teams’ various stadium projects, statistical ratings organization Fitch Ratings said Friday.

  • June 29, 2015

    Real Estate Rumor Mill: FAO Schwarz, Ares, NRG Energy

    FAO Schwarz is close to reaching a deal to lease 40,000 square feet on Broadway, while Ares and Aimbridge Hospitality are said to have sold a Chicago-area hotel for $19 million and NRG Energy has reportedly signed for more than 51,000 square feet of space in San Francisco.

  • June 29, 2015

    Unethical Attys Tainted Swipe Fee Deals, Retailers Say

    An unethical relationship between a former MasterCard Inc. lawyer and a plaintiffs attorney that resulted in their sharing confidential information irrevocably tainted multibillion-dollar swipe fee settlements with MasterCard, Visa Inc. and American Express Co., an attorney representing major retailers told a New York federal court Monday.

  • June 29, 2015

    New York Spells Out Why It's Outlawing Fracking

    The New York State Department of Environmental Conservation released its findings on the environmental impacts of hydraulic fracturing Monday, outlining the state’s reasons for outlawing the controversial drilling technique.

  • June 29, 2015

    Antonelli To Appeal $8M Malpractice Award In Ad Patent Row

    Antonelli Terry Stout & Kraus LLP lodged an appeal with the Second Circuit on Monday less than a month after a New York federal judge refused to kill an $8 million malpractice award against the law firm in a suit brought by Protostorm LLC over botched online ad patents.

  • June 29, 2015

    Pandora Wants BMI Royalty Lowered To FM Radio Rate

    Pandora Media Inc. has officially played its long-expected hand in a royalty battle with Broadcast Music Inc., pointing a New York federal judge to its recently closed purchase of a South Dakota FM radio station that the company claims should slash the rate.

  • June 29, 2015

    Pharmacy Pays $2.5M To Exit Drug Delivery FCA Suit

    New York Attorney General Eric Schneiderman announced Monday that his office has reached a $2.5 million settlement with a pharmacy primarily owned by Walgreen Co. over claims it had submitted false Medicaid billing statements for drugs prescribed primarily to hemophilia patients.

  • June 29, 2015

    $1.3B Lehman, Barclays Settlement Gets Judicial Nod

    A New York bankruptcy judge approved a settlement Monday that will see Lehman Brothers Inc. pay Barclays Capital Inc. nearly $1.3 billion to resolve a dispute over the sale of the collapsed investment bank's brokerage business, saying it will benefit Lehman creditors.

  • June 29, 2015

    Lehman Claimant Lacks SIPA Customer Status, 2nd Circ. Says

    The Second Circuit on Monday found that British investment manager CarVal UK Ltd. does not have customer status under the Securities Investor Protection Act to pursue $44 million in repurchase transaction claims from Lehman Brothers Inc., saying that the agreements did not create a fiduciary relationship.

  • June 29, 2015

    Mitchell Silberberg & Knupp Merges With Richardson Patel

    Mitchell Silberberg & Knupp LLP, a firm specializing in entertainment litigation, has merged with Richardson Patel LLP, a boutique firm focusing on securities matters, forming a combined company with 130 attorneys, the firms announced on Monday.

  • June 29, 2015

    US Open Umpires Lose FLSA Appeal In 2nd Circ.

    The Second Circuit on Monday backed a lower court's decision to toss a Fair Labor Standards Act class action brought against the U.S. Tennis Association by U.S. Open umpires, saying the lower court correctly found the umpires are independent contractors.

  • June 29, 2015

    Director Has No Separate Copyright In Movie, 2nd Circ. Says

    The Second Circuit on Monday ruled that a movie director can't own a separate copyright on his contribution to a film, expressly endorsing the Ninth Circuit's high-profile ruling last month in Garcia v. Google in the process.

  • June 29, 2015

    Supreme Court To Hear INA Aggravated Felonies Case

    The U.S. Supreme Court on Monday agreed to hear the case of a man who said it should settle differences between the nation’s appellate courts over whether a state-level charge of attempted arson constitutes an aggravated felony under the Immigration Nationality Act.

  • June 29, 2015

    Jones Day Atty's Case Based On 'Illegal' Ch. 11: Fund Manager

    Hedge fund manager Gerti Muho told a Florida federal court Friday that a New York bankruptcy court’s stay does not bar his suit accusing Jones Day partner and Fletcher Asset Management trustee Corrine Ball of aiding a conspiracy to take control of his assets, saying the Chapter 11 case itself is illegal.

  • June 29, 2015

    Corporate Attys Want More High Court Action After Slow Term

    With the U.S. Supreme Court closing the curtain Monday on a term that brought landmark decisions on same-sex marriage, health insurance subsidies and lethal injections, court watchers focused on corporate transactions and capital markets are feeling a little left out. Here, experts tell Law360 what has kept the justices away from business cases and the issues they'd like to see taken up in the future.

  • June 29, 2015

    2nd Circ. To Rehear Appeal On Data Seizure In Tax Case

    The Second Circuit on Monday decided to revisit a year-old ruling in which it overturned an accountant’s tax evasion conviction on Fourth Amendment grounds, saying a full panel of its judges should weigh whether the government had illegally searched the defendant’s personal computer files.

  • June 29, 2015

    Feds Call Ex-Wells Fargo VP’s Discovery Claims Reckless

    Federal prosecutors on Monday said that they had gone “above and beyond” their legal requirements to provide documents to a former Wells Fargo & Co. vice president in an increasingly heated discovery battle related to a government mortgage fraud suit against the bank.

  • June 29, 2015

    Sheppard Mullin Snaps Up Ex-Garfunkel Wild Health Pro

    Sheppard Mullin Richter & Hampton LLP has boosted its bench of health care regulatory experts with the former head of Garfunkel Wild PC’s compliance and white collar defense practice.

Expert Analysis

  • Bad Reviews Could Shut Down Your Hotel Franchise

    Eugene J. Podesta

    The Second Circuit's decision to allow negative guest satisfaction surveys to be used as a basis for termination in HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, makes it easier for franchisers to terminate franchise agreements and still comply with the statutory and common law requirements for good cause or good faith and fair dealing, says Eugene Podesta at Baker Donelson LLP.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Lesson In Personal Liability For NY Insurance Brokers

    Sara Ward Mazzolla

    In Lido Beach Towers v. Denis A. Miller Agency Inc. the New York state appeals court affirmed a lower court’s order dismissing all claims of negligence, breach of contract and cross-claims against the individual insurance broker, demonstrating that under certain circumstances an argument based on agency principles may relieve a broker from personal liability for the alleged acts of his principal, says Sara Ward Mazzolla at Bressler... (continued)

  • Toy Safety Regulation Should Be Left To The Federal Gov't

    Matthew Cohen

    Every so often counties decide to legislate on matters involving consumer product safety and a trend like the recent one in New York begins. Unfortunately, these laws introduced and considered by localities tend to be more about politics and headlines than safety and have little effect on actually improving the safety of children’s products, says Matthew Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Utah — The Latest Battleground In Resale Price Maintenance

    August Horvath

    For players in many consumer goods sectors, the contact lens wars currently pending in Utah may be a test case for the new vertical pricing regime in antitrust, and the stakes are higher than some imagined, says August Horvath of Kelley Drye & Warren LLP.

  • NY Composting Initiative Could Stink For Local Restaurants

    Robert Ontell

    The New York City Sanitation Department is considering whether to require restaurants, hotels and other food-related businesses to participate in a mandatory composting program. If the law is enacted industrywide, it will, in addition to the beneficial environmental effects, have the potential to negatively impact the bottom line of thousands of small businesses, says Robert Ontell of Michelman & Robinson LLP.

  • Clean Power Plan Wins A Battle, But Has It Won The War?

    Jennelle Arthur

    While the Obama administration's Clean Power Plan may have survived its first legal challenge in Murray Energy Corp. v. U.S. Environmental Protection Agency before the D.C. Circuit, because the victory hinged on procedural grounds and the presiding judges were Bush-era appointees, the only certainty going forward is that the plan will continue to face both legal and legislative attacks, says Jennelle Arthur of Jackson Kelly PLLC.

  • NY High Court Brings Finality To RMBS Repurchase Claims

    Robert A. Fumerton

    The recent decision in ACE Securities Corp. v. DB Structured Products Inc. reinforces New York’s commitment to promoting certainty and finality in contractual matters by strictly applying the statute of limitations. A contrary ruling would have exposed residential mortgage-backed security defendants to nearly open-ended liability, say Robert Fumerton and Alexander Drylewski of Skadden Arps Slate Meagher & Flom LLP.