New York

  • July 28, 2014

    Kodak Joins Aluminum Price-Fixing Suits Against Banks

    Eastman Kodak Co. on Monday became the latest plaintiff in a slew of antitrust lawsuits across the nation alleging Goldman Sachs Group Inc., JPMorgan Chase and Co., the London Metal Exchange and others schemed to inflate the value of aluminum by stockpiling huge amounts of the metal.

  • July 28, 2014

    Robbins Geller, Others Seek Role In GM Ignition Switch MDL

    Attorneys from Robbins Geller Rudman & Dowd LLP, Kaplan Fox & Kilsheimer LLP and other top firms petitioned a New York federal judge on Monday for a position on the executive committee presiding over plaintiffs’ matters in multidistrict litigation over deadly General Motors LLC ignition switches.

  • July 28, 2014

    $350M Antitrust Lawsuit Against Marriott Dismissed

    Marriott International Inc. on Monday won the dismissal of a $350 million antitrust suit brought by the bankrupt owner of a Marriott hotel on Manhattan’s Upper East Side that alleged the hotel management company forced it to take on a union in an under-the-table deal that kept its higher-profile Manhattan hotels free of labor organization.

  • July 28, 2014

    Lehman Can't Subordinate CMBS Fraud Claims In Ch. 11

    A New York bankruptcy judge on Monday ruled that Lehman Brothers Holdings Inc. cannot de-prioritize a number of securities fraud claims relating to certain collateralized mortgage-backed securities in its Chapter 11 bankruptcy, saying the MBS are not securities "of the debtor or of an affiliate of the debtor."

  • July 28, 2014

    Bergdorf Gets NLRB To Nix Shoe-Sales Bargaining Unit

    The National Labor Relations Board unanimously rejected a bargaining unit Monday comprising women's shoes sales workers on two floors of Manhattan's main Bergdorf Goodman store, vacating a union election in a closely watched case involving the application of the NLRB's controversial Specialty Healthcare decision.  

  • July 28, 2014

    Argentina Gets OK For Bond Payments On Technicality

    With less than 56 hours left to solve a debt-repayment impasse, Argentina got permission Monday evening to make interest payments on certain bonds because of a newly discovered technicality — but the clock will keep ticking, and the special master for the country's debt crisis announced a new round of talks for Tuesday.

  • July 28, 2014

    NY State, City Want Property Tax Discrimination Suit Axed

    Both the state and city of New York want a state judge to toss a proposed class action alleging the city's property tax system favors residential owners over renters — who are mostly black and Hispanic — saying the issue should be addressed by the legislature.

  • July 28, 2014

    Flow Traders Software Theft Case Headed For Trial

    A New York judge on Monday found grand jury proceedings against a former trader for a Flow Traders BV affiliate and an associate of his were legally sound, setting the stage for a trial on charges that they schemed to steal the Dutch trading house’s proprietary software and set up their own shop.

  • July 28, 2014

    Continental Stuck With NY Ruling On Reinsurance Arbitration

    A New York appeals court refused Thursday to let Continental Insurance Co. Inc. challenge an earlier holding that a court, not an arbitrator, should decide whether the insurer acted too late when it demanded that a group of reinsurers arbitrate a fight over payments for asbestos claims.

  • July 28, 2014

    Brooklyn Brewery Planning 200K SF Facility On Staten Island

    The Brooklyn Brewery is planning to build a new 200,000-square-foot production facility in the New York City area — potentially Staten Island — and is in line for a possible endorsement from a local economic development council that could mean access to state grants and tax incentives, a development council spokesman told Law360 Monday.

  • July 28, 2014

    Ex-Credit Suisse Trader Seeks Leniency For Mortgage Fraud

    A former Credit Suisse AG trader who pled guilty to helping the bank hide mortgage bond losses before the financial crisis has asked a New York federal judge for a sentence of time served, claiming he was acting under orders from superiors, according to a Friday court filing.

  • July 28, 2014

    Goldman Says Proposed Gender Bias Class Action Falls Short

    Goldman Sachs & Co. urged a New York federal court Friday to deny class certification in a gender bias suit brought by female ex-employees, arguing that the plaintiffs had proposed a 2,300-woman class whose members didn't share enough common ground to justify class treatment.

  • July 28, 2014

    NY Landowners Appeal Dismissal Of Suit Over Fracking Delay

    Landowners seeking to force Gov. Andrew Cuomo and his administration to move more quickly on regulations that could allow for an expansion of fracking in New York said Monday they have appealed an Albany judge's ruling that said they didn't have standing to bring suit.

  • July 28, 2014

    Camelot Boss Can't Ax DA's $9M Investor Theft Action

    A New York judge on Monday shot down a challenge to the indictment of the managing director of private equity firm The Camelot Group for allegedly stealing about $9.3 million in investor funds, finding the grand jury proceedings were legally sound.

  • July 28, 2014

    RE Rumor Mill: Yodle, Thor Equities, LeFrak Org.

    Online marketing firm Yodle is reportedly establishing a new headquarters in 85,000 square feet at 330 W. 34th St., Thor Equities LLC is snapping up a $42 million Upper West Side apartment building and The LeFrak Organization has been revealed as the buyer of SL Green's 180 Broadway.

  • July 28, 2014

    Out-Of-State HVAC Co. Must Pay NY Tax On Contract Work

    The New York State Department of Taxation and Finance on Monday issued an advisory opinion saying that an out-of-state company selling HVAC services to New York residents is subject to state sales tax.

  • July 28, 2014

    Harbinger COO Admits Wrongdoing In SEC Settlement

    A former Harbinger Capital Partners LLC executive has admitted wrongdoing in connection with his role in the hedge fund's $113 million loan scandal, the U.S. Securities and Exchange Commission said Monday, giving the agency a three-for-three record on admissions of wrongdoing in the closely watched Harbinger cases.

  • July 28, 2014

    Goldman Sachs In Talks To Settle FHFA Suit Over MBS Losses

    Goldman Sachs & Co. is in talks to settle a lawsuit brought by the Federal Housing Finance Agency alleging it knowingly sold billions of dollars of toxic residential mortgage-backed securities to Fannie Mae and Freddie Mac, a person familiar with the matter said on Monday.

  • July 28, 2014

    Law Firm Ads May Fish For Grumpy Clients, NY Bar Group Says

    Empire State law firms may drum up business by telling potentially unhappy parties that they would be available to provide a second opinion as long as the firms follow other rules for attorney advertising and the ad doesn't come in the context of representing an established client, the state's largest lawyer group has found.

  • July 28, 2014

    Latham Docs Off The Table In Weatherford Tax Spat

    A New York district court denied a motion by investors to force Weatherford International Ltd. and its auditors to produce documents related to its tax audit investigations, finding that they didn't point to any particular communications that could reasonably be said to be in furtherance of any fraud.

Expert Analysis

  • SDNY Weighs In On Third-Party Releases In Bankruptcy

    Frank Grese

    U.S. Bankruptcy Judge Sean Lane of the Southern District of New York in the case of Genco Shipping & Trading Limited waded into the controversy by considering the appropriateness of third-party releases — and nonconsensual ones at that, says Frank Grese of Weil Gotshal & Manges LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Rakoff's Foreign Fund Clawback Ruling Has Limitations

    Raniero D’Aversa

    Judge Jed Rakoff’s recent ruling in the case of Madoff Securities gives comfort to foreign investors that the proceeds of their indirect investments in U.S. companies will not likely be clawed back, but it does not come without certain warnings and limitations — especially considering a contradictory Ninth Circuit ruling issued a mere three days prior to Rakoff’s decision, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Healthfirst Will Help Define '60-Day Rule' For FCA Cases

    Robert Homchick

    State of New York v. Healthfirst Inc. — one of the first cases to test the bounds of the Affordable Care Act's 60-day overpayment rule — may provide insights into the enforcement priorities of federal and state agencies, the interpretation of the 60-day rule by a federal court, and the willingness of courts to impose potentially massive civil penalties, say Robert Homchick and Adam Romney of Davis Wright Tremaine LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • VIDEO: Lacoste North America CEO Discusses US Market

    Anthony Lupo

    Shedding light on the lifestyle brand’s strategic initiatives in the U.S., as well as real estate law and the importance of Fifth Avenue, Lacoste North America president and CEO Francis Pierrel sat down for a video interview with Anthony Lupo, co-chairman of Arent Fox's IP practice and chairman of the firm's fashion, luxury goods and retail group.