New York

  • August 25, 2016

    Kay Parent Co. Faces Investor Suit Over Jewel Swap Scheme

    Signet Jewelers Ltd. shareholders lodged a proposed class action in New York federal court Thursday accusing the parent company of Kay Jewelers of failing to disclose that some customers who brought in rings for repair were victims of “diamond swapping” by rogue employees.

  • August 25, 2016

    NLRB Rules It Has Jurisdiction Over NY, PA Charter Schools

    The National Labor Relations Board decided in two rulings Wednesday that a charter school in New York and a separate charter school in Pennsylvania are both within the board’s jurisdiction and not exempt as political subdivisions under the National Labor Relations Act.

  • August 25, 2016

    Forever 21 Trans Worker's Bias Suit Headed To Arbitration

    Forever 21 Inc. won its bid to compel arbitration of a federal discrimination and retaliation suit brought by a transgender former worker after a New York federal judge found that a contract with an arbitration provision was “valid and enforceable.”

  • August 25, 2016

    Effort To Shrink Immigration Block Faces Steep Battle

    A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road ahead since federal judges don’t often buck each other’s injunctions.

  • August 25, 2016

    Primorsk Cleared To Poll Creditors On Liquidation Plan

    A New York bankruptcy judge has approved Primorsk International Shipping Ltd.’s request to begin polling creditors on its proposal for divvying up proceeds from a $215 million sale of its vessels to Russian shipper SCF Tankers.

  • August 25, 2016

    Beyonce Trailer Is 'Simply Not Similar' to Film, Rakoff Hears

    Beyonce’s 65-second trailer for her visual album “Lemonade” is “simply not similar” to the seven-minute short film “Palinoia,” whose maker accused the chanteuse of copyright infringement, U.S. District Judge Jed Rakoff heard Thursday.

  • August 25, 2016

    Dept. Of Labor Hits 6 NY Nail Salons With Wage Violations

    Six Long Island, New York, nail salons were ordered Wednesday to pay more than $200,000 in back wages and civil penalties after the U.S. Department of Labor found the businesses violated overtime and recordkeeping rules for employees, discoveries that came as part of an ongoing crackdown on an industry accused of exploiting immigrants.

  • August 25, 2016

    Silver Can Stay Free Pending Appeal, Thanks To McDonnell

    The Manhattan federal judge who sentenced former New York Assembly Speaker Sheldon Silver to 12 years in prison after a jury convicted him of corruption charges on Thursday said he can remain free pending appeal, citing the potential impact of the U.S. Supreme Court’s landmark ruling in McDonnell v. U.S.

  • August 25, 2016

    Steel Co. Loses $8.6M WTC Appeal Against Port Authority

    A New York appeals court Thursday sided with the Port Authority of New York and New Jersey, ruling a steel company's $8.6 million contract breach suit over extra work on the 9/11 Memorial cannot get around the one-year statute of limitations protecting the agency.

  • August 25, 2016

    MoFo Looks To Deep-Six Malpractice Suit Over Coal Co. IPO

    Morrison & Foerster LLP on Thursday asked a New York judge to throw out an investment bank’s malpractice suit claiming that the firm failed to uncover a fraud before the initial public offering for Puda Coal Inc., calling it time-barred.

  • August 25, 2016

    Conn. Looks To Nix MGM's 2nd Circ. Fight Over Casino Law

    Three Connecticut officials pressed the Second Circuit on Wednesday to affirm a lower court’s ruling that tossed MGM Resorts International’s challenge to a state law that paves the way for the Mashantucket Pequot and Mohegan tribes to open a third casino there.

  • August 25, 2016

    ESPN Can't Dodge Privacy Suit Over Pierre-Paul Tweet

    New York Giants defensive end Jason Pierre-Paul can proceed with his privacy suit against ESPN over a tweet depicting a photograph of his medical records, a Florida federal judge held Thursday, declining to toss the dispute despite First Amendment arguments raised by the media outlet.

  • August 25, 2016

    Ex-Madoff Aide Agrees To Assist Trustee Liquidating BLMIS

    Former Bernie Madoff account manager Annette Bongiorno has agreed to assist the court-appointed trustee liquidating Madoff’s firm in tracking down customer property that was tied up in the massive Ponzi scheme, as part of a multimillion-dollar settlement, according to New York bankruptcy court filings Wednesday.

  • August 25, 2016

    Port Authority Says NY Case Doesn't Impact AAA Toll Dispute

    The Port Authority of New York and New Jersey told a federal judge Thursday that a recent court ruling that the New York State Thruway Authority improperly diverted toll revenues is irrelevant to the Automobile Club of New York’s challenge to the bistate agency's 2011 plan raising bridge and tunnel fees.

  • August 25, 2016

    Confusing Order Page Saves Amazon Diet Pill Suit: 2nd Circ.

    The Second Circuit ruled Thursday that Amazon's order page is so confusing that the company can't easily prove that a customer buying a weight-loss pill agreed to any terms and conditions, sending the suit back to the district court that had dismissed it.

  • August 25, 2016

    NY Court Hands Deceased Attorney's Clients To Local Bar

    A New York appeals court on Thursday answered a question that may haunt many lawyers who haven’t heeded the call of succession planning yet: What happens to my practice when I’m gone?

  • August 25, 2016

    GM Can't Argue Drug Addiction During Trial, Driver Says

    A Kentucky woman alleging General Motor LLC’s ignition switch defect caused her 2013 car crash told a New York federal judge on Thursday that the automaker should not be allowed to suggest she is a drug addict during her bellwether trial.

  • August 25, 2016

    Trading Platform MarketAxess Moving To Hudson Yards Tower

    Electronic trading platform operator MarketAxess is set to move its headquarters to 55 Hudson Yards, which is part of the massive Hudson Yards development under construction in New York City, when the building is completed in 2018, making it the 15th tenant to make the move.

  • August 25, 2016

    Dechert Sued Over Payment From Unauthorized Apt. Sale

    A couple who loaned a hedge fund $5 million for two real estate deals sued Dechert LLP in New York state court on Wednesday, seeking to recover a $500,000 retainer that the fund paid to the firm from the proceeds of an unauthorized penthouse apartment sale purchased with the couple’s money.

  • August 25, 2016

    Real Estate Rumors: McKesson, Fla. Crystals, McSam Hotel

    McKesson Corp. is reportedly selling its San Francisco headquarters and plans to lease back 200,000 square feet in the building, Florida Crystals is said to have scored $40.56 million from JPMorgan for a Florida residential project and McSam Hotel Group has reportedly bought a LaGuardia Airport Holiday Inn for $37.6 million.

Expert Analysis

  • Beyond Daubert: How To Exclude An Expert Witness

    Helene Hetchkopf

    While the Daubert standard is a helpful mechanism for excluding experts in scientific fields, it is not very practical for experts in fields that are not scientific. Helene Hechtkopf of Hoguet Newman Regal & Kenney LLP reviews the alternatives for excluding experts who may not rely upon a particular “methodology.”

  • E-Textiles: Regulating The Future Of Fashion

    Lois F. Herzeca

    While smart textiles promise to make our lives easier, more connected and healthier, they inevitably raise concerns about efficacy, safety and security. Sizing up the future of fashion is Lois Herzeca, co-chair of Gibson Dunn & Crutcher LLP's fashion, retail and consumer products practice group.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • Enforcing Oral Settlements: New York's Open Court Exception

    James C. Ng

    New York law's open court exception allows for the enforcement of oral settlement agreement, provided that those agreements satisfy certain conditions. James Ng of Samuel Goldman & Associates explains the process behind the open court exception and the criteria for determining which agreements can be enforced.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 2nd Circ. Stresses Low Standard For Discrimination Claims

    Brian Lehman

    In its recent decision in Doe v. Columbia University, the Second Circuit repeatedly emphasized that plaintiffs only need to allege facts giving rise to a “minimal plausible inference” of intent when alleging illegal discrimination. As a result, district courts will be more likely to deny motions to dismiss complaints of discrimination and allow discovery on the claims to move forward, says Brian Lehman at The Lehman Law Group LLC.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.