New York

  • September 29, 2016

    Goldberg Cohen Says Malpractice Suit Bid Is A Retread

    Goldberg Cohen LLP urged a New York federal judge to deny a bid by Luv N’ Care for reconsideration of a decision tossing a $10 million malpractice suit against the law firm over certain patent cases, saying Wednesday the baby products company wasn't offering any new information.

  • September 29, 2016

    Foundation Loses Rehearing Bid In Iran-Linked Tower Battle

    The Second Circuit on Wednesday slapped down a bid by 650 Fifth Avenue Co. and Alavi Foundation for a rehearing in a dispute with federal prosecutors and terrorism victims trying to seize the company’s New York City office tower.

  • September 29, 2016

    Ex-Restaurateur In Ponzi Suit Sees New Bail Bid Torpedoed

    A liquor wholesaler and former restaurant owner charged in an alleged $12 million Ponzi scheme was denied bail in a New York district court Thursday — six weeks after a Second Circuit judge despaired that release conditions weren’t available.

  • September 29, 2016

    MaxPoint Investors Cite Boost From 'Vivendi' Decision

    A putative class of MaxPoint Interactive Inc. shareholders claiming the company withheld information to boost its 2015 initial public offering told a New York federal judge Wednesday that a recent Second Circuit ruling strengthens their opposition to a pending dismissal motion.

  • September 29, 2016

    2nd Circ. Urged To Revive JPMorgan, BofA Swipe Fee Action

    A group of Visa Inc. and MasterCard Inc. cardholders asked the Second Circuit on Thursday to revive a proposed class action accusing JPMorgan Chase & Co., Bank of America Corp. and others of conspiring to fix interchange fees.

  • September 29, 2016

    Defense Says GWB Scandal Chief Sent Conflicting Messages

    A defense attorney in the George Washington Bridge lane-closing trial took aim Thursday at how the two defendants were not included together on emails, text messages or phone calls with the architect behind the scandal, as part of an effort to undercut claims that the three of them conspired in an act of political revenge.

  • September 29, 2016

    Conde Nast Ruling Aids Other Subscriber Data Suit, Court Told

    A Consumer Reports reader accusing the magazine’s publisher of violating Michigan privacy law by selling subscriber data on Thursday urged the New York federal judge overseeing the case to take note of a fellow judge’s decision Wednesday denying dismissal to Conde Nast in a nearly identical suit.

  • September 29, 2016

    Barclays Wants Second Shot At Exiting Libor Suit

    Barclays Bank PLC and two other foreign banks urged a New York federal court Thursday to revisit a 2014 order stopping them from filing a jurisdictional challenge to a suit alleging a multibank conspiracy to fix interbank loan rates, saying a recent Second Circuit decision upset the court’s reasoning.

  • September 29, 2016

    Express Scripts Gets $65M In Horizon Rebate Breach Deal

    Horizon Pharma USA Inc. has agreed to pay Express Scripts Inc. $65 million to end a suit and countersuit in Delaware state court claiming they each breached a rebate agreement over arthritis drugs Duexis, Rayos and Vimovo, the drugmaker said in a U.S. Securities and Exchange Commission filing Thursday.

  • September 29, 2016

    Proskauer Rose Nabs Ex-White & Case Funds Group Head

    Proskauer Rose LLP has hired the former global head of White & Case LLP's investment funds group, who counseled a $108 million social investment fund structured by JPMorgan and the Bill & Melinda Gates Foundation, the firm said Thursday.

  • September 29, 2016

    Jury Hammers Costco For Selling Infringing 'Tiffany' Rings

    A Manhattan civil jury hit Costco Wholesale Corp. with a hefty bill Thursday for selling "Tiffany" rings that infringed Tiffany & Co.'s flagship trademark, finding the national retailer owes the jeweler $5.5 million in damages for unlawful profits – and also putting the big box chain on the hook for punitive damages to be determined in coming days.

  • September 29, 2016

    Kia Can Block NY Dealership Sale, Judge Says

    A New York federal judge on Thursday dismissed Kia Motors America Inc. from a lawsuit challenging the automaker’s rejection of a franchisee’s deal to sell a dealership in Brooklyn, saying that an agreement signed by the pair allowing Kia to object to the sale is valid.

  • September 29, 2016

    Lehman Brothers' Next Creditor Payout Set For $3.8B

    The Lehman Brothers’ bankruptcy estate said Thursday that it is preparing to distribute an additional $3.8 billion to unsecured creditors early next month, pushing total payouts to creditors to approximately $113.6 billion since the failed investment bank filed for Chapter 11 in 2008.

  • September 29, 2016

    NJ Train Crash That Killed Atty Reignites Safety Concerns

    The New Jersey Transit commuter train crash that killed a woman and injured 108 people Thursday at the agency’s Hoboken terminal raised questions about federal safety mandates that have yet to be implemented, although officials refused to discuss what may have caused the high-speed crash.

  • September 29, 2016

    Conde Nast Can't Unsubscribe From Privacy Suit

    A New York federal judge on Wednesday shut down Conde Nast’s bid to escape a proposed class action accusing the media company of selling customer data without consent, saying the alleged intrusion of privacy suffices as a concrete, if difficult to pin down, injury.

  • September 29, 2016

    Investors Split On SunEdison Venue At JPML

    SunEdison Inc. investors sparred Thursday before the U.S. Judicial Panel on Multidistrict Litigation over whether various lawsuits alleging the investors were misled about the bankrupt renewable energy company’s liquidity should be consolidated in New York, with some arguing it would unnecessarily disrupt cases on appeal.

  • September 29, 2016

    Schumer Wants Albany To Replace NC For NCAA Tournament

    New York Sen. Charles D. Schumer on Wednesday pushed Albany, New York’s Times Union Center as the new site for next year’s college basketball tournament games, originally scheduled to be played in North Carolina, the NCAA has decided to relocate over that state’s controversial transgender bathroom law.

  • September 29, 2016

    Kasowitz Steers $99M NYC Buy, Gibson Guides $83M Loan

    Kasowitz Benson Torres & Friedman LLP represented Imperial Cos. on its $98.5 million purchase of dozens of Manhattan residential condos from private equity shop Ares Management LLC, while Gibson Dunn guided Deutsche Bank AG's $83 million loan for the purchase, according to records filed in New York on Wednesday.

  • September 29, 2016

    Hyundai Sonata Owners' Claims Trimmed In Brake Failure Suit

    A New York federal judge on Wednesday barely kept alive a proposed class action alleging Hyundai Motor Co. knew and lied about defective brakes in its Sonatas before drivers bought or leased the vehicles, determining most of the suit’s claims were either time-barred or not well-pled.

  • September 29, 2016

    Real Estate Rumors: Madison, Pineapple Grove, Lonza

    Madison Development is said to have bought retail space at a New York condo building for $26 million, Pineapple Grove Associates has reportedly picked up a Florida mall for $12.5 million, and biotech giant Lonza is said to be adding 150,000 square feet to its Texas development project.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • 2nd Circ. Creates Confusion For FDA-Vetted Marketers

    Robert L. Rouder

    While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that using U.S. Food and Drug Administration-approved labeling is, if not a safe harbor, at least a reasonably sheltered cove. However, the Second Circuit's recent decision in Church & Dwight v. SPD Swiss Precision Diagnostics challenges this seafaring assumption, say attorneys at Norton Rose Fulbright.

  • How Escobar Is Already Affecting FCA Litigants

    Brian Irving

    A New York federal court's recent decision in U.S. v. Northern Adult Daily Health Care Center is one of the first to substantively apply the U.S. Supreme Court's ruling in Escobar. It highlights the barrier the False Claims Act’s materiality requirement poses to FCA relators while also suggesting ways in which courts already are divided in their interpretation of Escobar, says Brian Irving of Bass Berry & Sims PLC.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • International Comity Saves Vitamin C Defendants

    Ian Simmons

    The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)