New York

  • December 5, 2016

    'As Seen On TV' Marketers Sue Amazon For TM Infringement

    The maker of the popular Snuggie blanket and other TV products slapped Amazon.com Inc. with a trademark infringement suit in New York federal court Tuesday, alleging that the online retailer has enabled the importation and sale of counterfeit goods that are sucking away its profits.

  • December 5, 2016

    NY Reps Seek To Curb Hedge Funds' Use Of AIA Reviews

    Ten members of New York’s delegation to the U.S. House of Representatives on Monday wrote a letter to the U.S. Patent and Trademark Office urging the agency to use its authority to curb the “abuse” of the America Invents Act inter partes review process by hedge funds.

  • December 5, 2016

    Del Monte Wants Skadden To Pay ‘Hide-The-Witness’ Costs

    Del Monte Foods Inc. asked a New York federal judge on Monday to sanction Skadden Arps Slate Meagher & Flom LLP for interfering with a deposition in a trademark dispute with its onetime sister company Fresh Del Monte Produce Inc., blasting the firm for playing “hide-the-witness.”

  • December 5, 2016

    Investor Libor Antitrust Arguments Fail, JPMorgan Says

    JPMorgan Chase & Co. told a New York federal court on Friday to ignore supplementary arguments by investors in Libor antitrust litigation against it and other banks, saying they are improper because the investors fail to satisfy the “efficient enforcer” requirements for pleading antitrust claims.

  • December 5, 2016

    Shell MTBE Pollution Row Seems Like Rerun To 2nd Circ.

    The Second Circuit showed little inclination Monday to revive the Orange County Water District's groundwater contamination claims against units of Shell and BP, with two judges viewing the methyl-tertiary-butyl-ether claims as identical to those in litigation the corporate giants and county district attorney previously settled.

  • December 5, 2016

    Activist Again Urges Special Prosecutor For GWB Suit

    A local political activist argued Monday that he has the right to ensure the proper handling of his criminal complaint against Gov. Chris Christie over politically motivated lane closures at the George Washington Bridge, saying a New Jersey state judge should reconsider his request for a special prosecutor in the case.

  • December 5, 2016

    Investment Manager Charged In KIT Digital Fraud

    A New Jersey investment manager was arrested on Monday and charged with helping his brother mismanage millions in investments from software company KIT Digital Inc., a loss that contributed to the company filing for bankruptcy.

  • December 5, 2016

    Simpson, Troutman Steer Blackstone's $480M Loan

    Simpson Thacher & Bartlett LLP represented a Blackstone Group LP entity in connection with its $480 million refinance of a Manhattan apartment building, a deal Troutman Sanders LLP counseled lender Bank of China on, according to records filed Friday in New York.

  • December 5, 2016

    NY Judge Sends $2.4B Suit Against Citigroup To State Court

    A New York federal judge on Friday sent to state court a $2.4 billion suit brought under New York’s False Claims Act accusing Citigroup of dodging $800 million in state taxes by illegally deducting losses it incurred during the financial crisis, finding the federal court lacked jurisdiction.

  • December 5, 2016

    Firms' Bid To Increase IndyMac Fee Falls Flat In 2nd Circ.

    Five plaintiffs firms challenging a judge's lopping $16 million off their requested cut of $346 million in class settlements over IndyMac mortgage bundles appeared to be going nowhere Monday in the Second Circuit, where one panelist flatly stated that the appeal was not properly before the appellate court.

  • December 5, 2016

    CVS Wants Quick End To Anti-Theft Workers' Profiling Claims

    CVS urged a New York federal judge Friday to toss a class action alleging two anti-theft workers were told to target minority customers, saying one named plaintiff failed to show she was fired as retaliation for complaining and the other failed to show she was harassed because of her race.

  • December 5, 2016

    High Court Arbitration Issue Put To Bed, Raymours Says

    Raymours Furniture Co. Inc. urged the U.S. Supreme Court not to hear a challenge by the retailer’s employees to the Second Circuit’s finding that mandatory arbitration agreements are legal and enforceable, saying the court already found that they are, and that it should not disturb the ruling.

  • December 5, 2016

    Real Estate Rumors: Bklyn Commons, TLC, Guardian

    Bklyn Commons is said to have leased 30,000 square feet in Brooklyn, TLC Management has reportedly dropped $60.5 million on a Chicago-area apartment complex, and Guardian Realty & Management is said to have bought a Brooklyn multifamily building for $16.3 million.

  • December 5, 2016

    Honeywell Hits RR Donnelley With $7.6M Superfund Suit

    Honeywell International Inc. filed suit in New York federal court on Friday against R.R. Donnelley & Sons Co. and two of its recently spun off divisions, alleging the printing services company’s predecessors owned a manufacturing facility on a parcel of land in Niagara Falls that produced hazardous substances costing $7.6 million to clean up.

  • December 5, 2016

    Justices Won't Hear Case Over FBI Use Of Old Digital Files

    The Supreme Court Monday denied certiorari in a case that challenged the FBI’s conduct in searching old copies of an accountant’s hard drives, obtained in a separate investigation, in a tax-evasion case against the tax preparer.

  • December 5, 2016

    Citigroup Ducks Pensioners' ERISA Suit At Supreme Court

    The U.S. Supreme Court on Monday refused to review a bid to resurrect a suit by a proposed class of Citigroup Inc. pension plan participants who claim the bank failed to pull its own stock from 401(k) plans before the 2008 financial crisis.

  • December 5, 2016

    Consumers Say $125 Anti-Aging Cream Was Marketed As Drug

    Women who bought a $125-a-tube skin cream sued its maker on Thursday over its claims of medicine-like functions, comparing the non-FDA-approved product to “modern-day snake oil.”

  • December 5, 2016

    B&G Pays $70M For Pasta, Sauce Maker Victoria Fine Foods

    New Jersey-headquartered food distributor B&G Foods Inc. has agreed to buy private equity-backed Victoria Fine Foods in a deal worth roughly $70 million, the companies said Friday, adding to B&G’s portfolio a Brooklyn-based maker of pasta and sauces.

  • December 5, 2016

    Newman's Own Faces Suit Over 'Natural' Pasta Sauce Claims

    Newman’s Own Inc. was hit with a proposed class action in New York federal court Friday alleging that the company touts more than a dozen of its pasta sauces as being "all natural" when they actually contain citric acid, a synthetic ingredient.

  • December 2, 2016

    Judge Knocks Wilson’s ‘Sketchy’ Memory In CFTC Trial

    The New York federal judge overseeing the U.S. Commodities Futures Trading Commission’s claims DRW Investments manipulated futures contracts pressed firm manager Donald Wilson on his “sketchy” recollection of the firm’s trading strategy Friday, while attorneys for Wilson said they will seek a directed verdict after the CFTC’s expert witness made some major concessions.

Expert Analysis

  • Judicial Treatment Of Interrelated Acts: Part 1

    Rory Eric Jurman

    Courts have reached varying conclusions regarding the extent to which claims must be related in order to constitute a single claim under an insurancy policy. Rory Jurman and Steven Cula of Fowler White Burnett PA explain the question of interrelatedness and discuss how various states have approached the issue.

  • Can A Yankees Fan Get A Fair Trial In New England?

    Daniel E. Wenner

    Rhode Island, which has no Major League Baseball team of its own, is basically part of Red Sox nation. So what happens when a defendant is tried for bank fraud in Rhode Island before a jury that learns that he’s a Yankees fan? Day Pitney LLP partner and former federal prosecutor Daniel Wenner reviews the case.

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a motion for a new trial by two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality, says Jonathan Richman of Proskauer Rose LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • A Review Of Key Cases Against Executives In Q3

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    Attorneys with Miller & Chevalier Chtd. highlight the third quarter’s most significant cases and government investigations impacting corporate executives.

  • REBUTTAL: Del. Court Rejects Defense Cost Coverage Claims

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    In a recent Law360 guest article, counsel for Warren Pumps LLC reduced legally and factually complex anti-assignment and trigger issues to "delay tactics," ignoring the Delaware Supreme Court's rejection of Warren's attempt to obtain defense costs coverage to which it was never entitled, says Laura McKay of Hinkhouse Williams Walsh LLP.

  • Why DOJ Is Right To Appeal BMI Consent Decree Ruling

    , Law Offices of David Balto

    U.S. District Judge Louis Stanton’s BMI decision has shown that the U.S. Department of Justice's consent decree enforcement might be more fragile than we hope, and should the DOJ not prevail on its recently announced appeal to the Second Circuit, we may see further erosion of the DOJ’s tools in enforcing the antitrust laws, says David Balto, a former trial attorney in the DOJ's Antitrust Division.