New York

  • May 22, 2015

    Fairway Says IPO Class Action Fails Under Omnicare

    Fairway Group Holdings Corp. has urged a New York federal court to toss a putative class action claiming the private equity-backed grocery chain misled investors ahead of its $159 million initial public offering, saying the plaintiffs’ claims fail under the Supreme Court's recent Omnicare ruling.

  • May 22, 2015

    Father, Son Who Worked At Madoff Firm Deserve Leniency: US

    Prosecutors are seeking leniency for a father-son duo who worked at Bernie Madoff's securities firm and cooperated with the government’s investigation into the largest Ponzi scheme in U.S. history.

  • May 22, 2015

    Sullivan, Troutman Aid Blackstone's $415M NYC Office Sale

    Blackstone Group LP has sold off its interests in a prized Fifth Avenue office tower in a $415 million deal that saw both Sullivan & Cromwell LLP and Troutman Sanders LLP play key roles, according to city filings.

  • May 22, 2015

    NY Panel OKs Disclosure Bid Of Taxpayers With $6.2M Bill

    The New York Division of Tax Appeals in a determination released Thursday said a Texas man and trust who the state tax division said owed $6.2 million collectively in taxes, interest and penalties are eligible for the state's voluntary disclosure program.

  • May 22, 2015

    BakerHostetler Adds Ex-Seyfarth Shaw Global Transaction Pro

    BakerHostetler LLP has added a former Seyfarth Shaw LLP transactional attorney who has more than 35 years of experience steering domestic and international business deals, including mergers, securities offerings, project financing and real estate transactions, to its New York business group, the firm announced Thursday.

  • May 22, 2015

    NY DEC Backs Up On Tar Sands Facility Over Enviro Concerns

    The New York Department of Environmental Conservation said Thursday it plans to rescind its partial approval of a permit to build an oil-heating facility at the Port of Albany, citing concerns raised by the U.S. Environmental Protection Agency and environmental groups.

  • May 22, 2015

    PwC Escapes MF Global Investors' Suit In 2nd Circ.

    The Second Circuit said Friday it would not resurrect a class action accusing PricewaterhouseCoopers LLP of failing to properly audit MF Global Inc. before the brokerage firm spiraled into bankruptcy in 2011.

  • May 22, 2015

    AmEx Asks 2nd Circ. To Review Card-Steering Row

    American Express on Thursday appealed to the Second Circuit a New York district court’s decision that its anti-steering regulations for merchants violate federal antitrust law.

  • May 22, 2015

    BREAKING: 2nd Circ. Says Actavis Can't Pull Old Namenda

    The Second Circuit upheld an injunction Friday blocking Actavis PLC from pulling an older version of Namenda from shelves before generic drugmakers can launch their own version of the Alzheimer's treatment in July, handing a major antitrust win to New York's attorney general.

  • May 21, 2015

    BNY Mellon To Pay $180M To Settle Forex Class Action

    The Bank of New York Mellon Corp. said Thursday it will pay $180 million to resolve a putative class action brought by institutional investors accusing the company of running a deceptive foreign currency exchange program, according to a document filed with the U.S. Securities and Exchange Commission.

  • May 21, 2015

    Internet Co. Ducks NY Franchise Tax, But Property Co. Owes

    The New York State Department of Taxation and Finance released two separate tax advisory opinions on Thursday, holding a property-buying company liable for additional franchise tax before its dissolution but letting an Internet provider off the hook for the same tax over its voice-over Internet protocol bundle services.

  • May 21, 2015

    JPMorgan Likely To See June Rulings In Cybersecurity IP Suit

    U.S. District Judge Alvin K. Hellerstein said Thursday he is shooting for the end of June to rule on dismissal bids related to the two cybersecurity software patents still in play in litigation brought by intellectual property licensing outfit Intellectual Ventures II LLC against JPMorgan Chase & Co.

  • May 21, 2015

    Dismissal Of NY Suit Over Funds On Champerty Grounds OK'd

    A New York appellate panel Thursday upheld the dismissal of a mismanagement suit over hundreds of millions of dollars in losses against German bank WestLB AG on champerty grounds, or prohibition of bringing a lawsuit in exchange for a fee, finding that a safe harbor provision didn’t apply.

  • May 21, 2015

    2nd Circ. Pushed To Revive Libor Antitrust Claims

    Investors challenging the dismissal of antitrust claims against Barclays Bank PLC, Bank of America Corp. and other financial giants from multidistrict litigation over Libor manipulation told the Second Circuit on Wednesday that their claims should be revived because they presented the “prototypical form” of antitrust injury. 

  • May 21, 2015

    Real Estate Rumor Mill: Blackstone, Goldman, Raymour

    Blackstone is said to be seeking roughly $525 million for the top 12 floors of a Manhattan tower, while Goldman has reportedly sold 149 hotels to Moody National REIT for $1.73 billion and Raymour & Flanigan is said to have inked a deal for 40,000 square feet of space in Harlem.

  • May 21, 2015

    Tribe Wins Halt To NY Village's Anti-Casino Law Enforcement

    A New York federal judge on Thursday gave the Cayuga Nation temporary reprieve from the enforcement of a village's anti-gaming laws after the tribe appealed a ruling that it lacks standing to challenge those laws amid an internal leadership dispute.

  • May 21, 2015

    BofA, Merrill Slam Ex-Clifford Chance Partner's 401(K) Fee Row

    Bank of America Corp. and Merrill Lynch & Co. Inc. criticized a former Clifford Chance LLP partner’s putative class action over fees charged to the firm’s 401(k) plan, saying Wednesday the fees were authorized and he cannot be both class representative and class counsel.

  • May 21, 2015

    NY Court Denies Atty Quick Win In Liberty Coverage Fight

    A New York appeals court affirmed Thursday that an attorney tried too soon to win summary judgment in his lawsuit against Liberty Insurance Underwriters Inc. over coverage for defending legal malpractice counterclaims in an underlying contract dispute, saying further discovery is needed to determine whether policy exclusions apply.

  • May 21, 2015

    Polsinelli Snags Ex-Kasowitz Benson White Collar Litigator

    Polsinelli PC announced on Monday that it has shored up its white collar and litigation practices in New York by tapping a former partner at Kasowitz Benson Torres & Friedman LLP with experience handling complex commercial litigation, white collar criminal defense and government investigations.

  • May 21, 2015

    Chicago Title Can't Ax Golf Course Investors' Suit In Appeal

    A New York appeals court upheld a lower court's ruling against Chicago Title Insurance Co. on Thursday in a suit by investors who want the insurer to cover damages from an allegedly undisclosed limitation on building housing around a golf course.

Expert Analysis

  • NYC Employers Should Check Themselves Before Employees

    Holly H. Weiss

    In making decisions about which employees to conduct credit checks on in light of recent amendments to the New York City Human Rights Law, city employers should analyze the job responsibilities for each employee to ensure an employee's actual job responsibilities fall within one of the law's exceptions, say attorneys at Schulte Roth & Zabel LLP.

  • For NY Medicaid, It's Health Reform Vs. Antitrust Law

    Dionne Lomax

    At the heart of the Federal Trade Commission and New York State Department of Health's disagreement over the state's Medicaid program is the mounting tension between health care reform — which focuses on transformative health care models that seek to curb costs and improve care through coordinated and integrated systems — and antitrust law, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • The Spin And Substance Surrounding NY's Brownfields

    Richard G. Leland

    The principal implication of the latest reforms to New York’s Brownfield Cleanup Program is that the state will continue to struggle with the inherent conflict between the needs to redevelop contaminated sites and to conserve resources — not to mention the political spin that subsidizing development in New York City during an apparent real estate boom is a giveaway to developers, says Richard Leland of Fried Frank Harris Shriver & Jacobson LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Will NY Expand The Scope Of Providers' Duty Of Care?

    Jena R. Rotheim

    The central issue on appeal before the New York Court of Appeals in Davis v. South Nassau Communities Hospital is whether the state’s highest court is willing to significantly expand the scope of individuals to whom providers owe a duty, and specifically whether the administration of narcotics and subsequent discharge of a patient creates a special relationship between providers and the public, say Laurie Cohen and Jena Rotheim of ... (continued)

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • Momentive Shifts Balance Of Power In Complex Chapter 11

    Ron E. Meisler

    Coupled with other recent developments, the Southern District of New York decision in the Chapter 11 case of MPM Silicones LLC, or Momentive, may suggest a turn toward harsher treatment of secured lenders in bankruptcy, say Ron Meisler and Christopher Dressel of Skadden Arps Slate Meagher & Flom LLP.

  • Beware Distinctions Between Veil Piercing And Alter Ego

    Evan C. Hollander

    New York bankruptcy cases have consistently shown that corporate veil piercing and a finding of alter ego are distinct doctrines and may have very different consequences in an individual debtor’s bankruptcy case, say Evan Hollander and Dana Yankowitz Elliott of Arnold & Porter LLP.

  • What’s Next After Williams-Yulee?

    Matthew Menendez

    By recognizing in Williams-Yulee v. Florida Bar the vital state interest in judicial integrity, and that “precedents applying the First Amendment to political elections have little bearing” on judicial elections, the U.S. Supreme Court may be signaling that states may take additional steps to regulate judicial elections differently, says Matthew Menendez, counsel in the Fair Courts Project at the Brennan Center for Justice at NYU School of Law.