New York

  • April 29, 2016

    Gov’t To Appeal Loss Over Heightened Marriage Visa Bar

    U.S. Citizenship and Immigration Services and the Board of Immigration Appeals will appeal a New York federal judge’s order for USCIS to reconsider a petition from a Chinese national seeking permanent resident status for his wife, according to a notice of appeal filed Friday in the Second Circuit.

  • April 29, 2016

    Hughes Hubbard Fees Top $371M For Lehman Wind-Down

    Hughes Hubbard & Reed LLP’s fees for overseeing the liquidation of Lehman Brothers’ failed brokerage firm have topped $371.5 million, according to papers filed Thursday in New York federal court amid the Herculean effort of guiding one of the most complex bankruptcies in U.S. history.

  • April 29, 2016

    Pfizer Still Can't Compare Children's Advil To Tylenol In Ads

    Pfizer Inc. on Friday lost a bid to limit a 26-year-old ban on comparing its Advil products to McNeil-PPC Inc.’s Tylenol when a New York federal judge found that even pediatric versions of Advil that didn’t exist at the initial order are still covered by it.

  • April 29, 2016

    National Indemnity Says Awards Should Be Enforced

    Berkshire Hathway's National Indemnity Co. urged a New York federal court to enforce an order confirming three arbitration awards in its favor over a $168 million insurance settlement dispute while a Brazilian reinsurer appeals the order to the Second Circuit.

  • April 29, 2016

    Dominican Ex-Convict Asks High Court To Rule On Detentions

    A legal permanent resident has asked the U.S. Supreme Court to consider whether a federal statute that allows immigrant ex-convicts to be temporarily detained before their deportation proceedings can be used to hold individuals who were not immediately detained upon their release from incarceration or who were not incarcerated.

  • April 29, 2016

    NBA Slammed By NY Judge In Ex-Employee Retaliation Row

    A New York state judge chided the National Basketball Association for using photos demeaning to women in a rookie orientation course, allowing certain evidence for a former employee who claims he was fired in retaliation for raising concerns about sexual harassment of female co-workers.

  • April 29, 2016

    Amerindo Founders Seek High Court Review Of $83M SEC Win

    The co-founders of Amerindo Investment Advisors Inc. have asked the U.S. Supreme Court to review a Second Circuit ruling in a 10-year-old securities fraud case which upheld the imposition of a combined $83.1 million in financial penalties, saying the appeals court erred in its definition of what constitutes a domestic transaction.

  • April 29, 2016

    Faruqi Takes 2nd Swing At Ex-Partner's Leucadia Fees Suit

    Faruqi & Faruqi LLP took a second run Friday at a former partner’s lawsuit alleging the firm didn’t pay her for work in shareholder litigation challenging Leucadia National Corp.’s $3 billion Jefferies Group Inc. grab, saying she tried to tack on allegations after the complaint was filed.

  • April 29, 2016

    Pryor Cashman Adds NY White Collar, Securities Partner

    Pryor Cashman LLP’s white collar defense and investigations group has added a former WilmerHale partner who has experience in securities law and Foreign Corrupt Practices Act compliance and has represented clients ranging from J.P. Morgan to Tishman Construction.

  • April 29, 2016

    Brady Takes Gibson Dunn Big Gun To Deflategate Fight

    New England Patriots quarterback Tom Brady and the NFL Players Association brought in a famed Gibson Dunn litigator on Friday to their fight over the Second Circuit reinstatement of Brady's four-game suspension for his role in the Deflategate scandal.

  • April 29, 2016

    WWII Photog's Estate Says Corbis Owes $4M For Using Images

    Photo licensing company Corbis Corp. owes $4 million to an agent of Soviet World War II photographer Yevgeny Khaldei’s estate for using images from Khaldei’s collection without paying for them, according to a suit filed Thursday in a New York state court.

  • April 29, 2016

    Incentives For Self-Reporting Are Real, Enforcers Insist

    A who’s who of enforcement chiefs from agencies including the U.S. Securities and Exchange Commission and the Department of Justice sought to assure companies Friday that self-reporting wrongdoing is worth it, saying in a New York panel discussion that the rewards have gotten better while the penalties for concealing issues are growing.

  • April 29, 2016

    Ex-Bryan Cave Atty Appeals Conviction Over Maxim Deal

    Former Bryan Cave LLP transactional attorney Harvey Newkirk on Thursday launched an appeal of his fraud conviction and prison sentence for a purported scheme to defraud lenders of $8 million as part of a failed ploy to acquire Maxim magazine.

  • April 29, 2016

    Dominion's $159M NY Pipeline Upgrade Gets FERC Approval

    Dominion Transmission's $159 million upgrade to its natural gas pipeline in upstate New York cleared another regulatory hurdle Thursday when the Federal Energy Regulatory Commission granted it a certificate of public convenience and necessity.

  • April 29, 2016

    NY Court Acted Properly In $250M Award Row, 2nd Circ. Told

    Two Swedish food industry investors told the Second Circuit on Thursday that a New York federal court correctly recognized a $250 million World Bank tribunal award against Romania on an ex parte basis after a careful analysis of the interplay between treaty and federal laws.

  • April 29, 2016

    2nd Circ. Affirms Dismissal Of Transocean Merger Suit

    Shareholders of a company acquired by Transocean Ltd. cannot sue over a stock drop resulting from the Deepwater Horizon spill because they did not bring the suit within the three-year time limit, a Second Circuit panel said Friday, affirming a lower court’s ruling.

  • April 29, 2016

    2nd Circ Drops $3B Cuba RICO Case Against BNP, HSBC, ING

    The Second Circuit on Friday said a New York federal court properly dismissed claims that BNP Paribas, HSBC and ING Bank helped Cuba avoid paying a nearly $3 billion judgment to two brothers who were allegedly tortured and harassed by Fidel Castro’s security forces, because their expectation of collecting a judgment was merely speculative.

  • April 29, 2016

    Tilton Scraps With AXIS Over $5M To Fund Bout With SEC

    Having blown through $20 million in three executive liability policies in a fight with the U.S. Securities and Exchange Commission, Lynn Tilton's Patriarch Partners LLC private equity firm went before a Manhattan federal judge Friday in a bid to secure $5 million in excess coverage from AXIS Insurance Co.

  • April 29, 2016

    Law Profs Back NY Tribe's High Court Petition In Land Row

    Two Native American organizations and a group of law professors asked the U.S. Supreme Court on Thursday to take up a petition from the Shinnecock Indian Nation in a dispute over tribal land claims, saying a lower court’s ruling against the tribe is antithetical to good governance of Indian Country.

  • April 29, 2016

    Shiboleth Hit With $10M Suit Over Claims Of Shoddy IP Work

    Shiboleth LLP on Thursday was smacked with a $10 million malpractice suit in New York federal court by a maker of toddler products claiming that the firm exaggerated its litigation experience, which led to its poor handling of an underlying patent infringement suit against Walgreen Co. and a subpar settlement.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • The Madoff Court's Focus On Intent Of Transferees

    Maurice Horwitz

    The interesting twist in a New York federal judge’s recent fraudulent transfer decision in the Madoff case is that it was the actual knowledge and intent of the transferees that mattered more and were necessary, therefore, to avoid the Bankruptcy Code safe harbors, says Maurice Horwitz of Weil Gotshal & Manges LLP.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Tattoo Copyrights May Finally Get Their Day In Court

    Yolanda M. King

    In a complaint recently filed in the Southern District of New York, licensing company Solid Oak alleges that the developers, marketers and distributors of the "NBA 2K16" video game are infringing its exclusive right to publicly display its copyrighted tattoos. Perhaps this will be the tattoo copyright case that does not settle, says Yolanda King, associate professor at Northern Illinois University College of Law.

  • Madden In The Supreme Court: 4 Possible Outcomes

    David L. Beam

    The worst outcome for the financial industry of the Madden v. Midland Funding U.S. Supreme Court petition for a writ of certiorari would be if the court grants certiorari and then affirms the Second Circuit. The degree of damage inflicted by such a decision will depend on the court’s rationale, say attorneys with Mayer Brown LLP.

  • Challenges To State E-Waste Laws Face Tough Battle

    Joseph S. Kakesh

    As recently demonstrated by a federal district court in Connecticut, because states have a relatively easy standard to meet when proving that e-waste recycling programs match state interests, it's not clear that future challenges to such programs on equal protection bases will be successful at the trial court level, says Joseph Kakesh at Wiley Rein LLP.

  • When A Contract 'Runs With The Land' — A Look At The Laws

    Michael G. Connelly

    The determination of whether an oil producer may avoid the burdens of a gathering agreement through rejection in bankruptcy has boiled down to whether the agreement "runs with the land." The applicable state requirement of when an agreement runs with the land will not only determine bankruptcy disputes, but will also inform the negotiation of future gathering agreements, say Michael Connelly and David Fournier of Pepper Hamilton LLP.