New York

  • November 24, 2015

    3 Banks Say Lack Of Jurisdiction Frees Them From Forex Suit

    Three foreign banks added as defendants to a class action claiming a group of banks orchestrated a conspiracy to rig the foreign exchange market asked a New York federal judge Monday to drop them from the litigation, arguing the court has no jurisdiction over them.

  • November 24, 2015

    Moore Slams Lehman's Withdrawal Move In $20M Suit

    Moore Capital Management LLC asked a New York bankruptcy court Tuesday to turn Lehman Brothers Holdings Inc.'s withdrawal of claims in a $20 million fight over swap agreements into a with-prejudice dismissal, after Lehman allegedly wasted 18 months’ worth of Moore’s time and money.

  • November 24, 2015

    'Master Softee' Barred From Using Mister Softee Trademarks

    A New York federal judge ruled Monday that Mister Softee Inc. had proven its trademark infringement claims against a man who operated a rogue line of ice cream trucks called "Master Softee," permanently barring the impostor from using any of the ice cream company's registered trademarks.

  • November 24, 2015

    Ex-Yukos Shareholders Say Court Can Hear $50B Award Row

    Ex-majority shareholders of Yukos Oil Co. on Monday argued that a New York federal court has authority to confirm a $50 billion arbitration award, taking aim at Russia’s stance that an “arbitration exception” does not apply to its sovereign immunity.

  • November 24, 2015

    PE Firm Can't Rewrite $100M Enviro Co. Buy, Rival Says

    Private equity firm Florida Capital Partners Inc. has asked a New York judge to toss a suit claiming The Halifax Group LLC was misled into paying $100 million for an environmental remediation company, arguing the PE competitor is just trying to renegotiate the buyout in court.

  • November 24, 2015

    Magazine Buyer Accuses Hearst of Selling Subscriber Info

    A Michigan resident and former subscriber to Good Housekeeping magazine sued Hearst Communications Inc. on Tuesday in New York federal court, alleging that the publisher sells its subscribers’ personal information to third parties without consent, a violation of Michigan’s Video Rental Privacy Act.

  • November 24, 2015

    Canon Beats Back Tesseron Printer Patent Suit

    A New York federal judge has handed Canon a victory in a suit over printing patents it licensed from nonpracticing entity Tesseron Ltd., finding Canon issued its U.S. subsidiary a valid sublicense for the technology years after the original agreement.

  • November 24, 2015

    DraftKings Hires FBI Online Poker Investigator For Review

    Daily fantasy sports giant DraftKings said Tuesday that it has retained global regulatory risk and compliance firm Exiger to conduct a review of its policies and controls as the industry faces scrutiny from several government authorities over concerns of the burgeoning industry's protection of consumers.

  • November 24, 2015

    Luv N' Care Files $10M Malpractice Suit Against NY Attys

    Baby products giant Luv N’ Care Ltd. sought at least $10 million from one of its former law firms Monday, saying in a federal malpractice suit that the firm’s lawyers failed to take necessary steps in patent cases and failed to seek legal fees after winning a $10 million royalty judgment.

  • November 24, 2015

    'Stressed Out' Juror Wants Out Of Sheldon Silver Graft Trial

    A juror in the corruption trial of former New York State Assembly Speaker Sheldon Silver asked to be excused from the panel shortly after deliberations began Tuesday, citing her discomfort and stress stemming from her "different opinion/view" of the case.

  • November 24, 2015

    DOJ Says AmEx Can't Block Partner Retailers From Steering

    The Department of Justice pushed Monday to block American Express from telling merchants who issue co-branded cards with the credit card giant that they can't steer customers away from paying with AmEx products.

  • November 24, 2015

    Bryan Cave Partner To Be Asked About Skelos Jury Concerns

    The Bryan Cave LLP partner who has raised concerns about jurors prematurely discussing evidence in the graft trial of former New York State Senate Majority Leader Dean Skelos and his son Adam will be back in court next week so that U.S. District Judge Kimba M. Wood can ask her about what she heard.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

  • November 24, 2015

    The 3 Biggest Myths About Tax Inversion Deals

    With U.S. pharmaceutical giant Pfizer rolling out the largest-ever inversion play, the buzz surrounding the tax-motivated deal structure is reaching new heights, but that doesn't mean all the information buzzing around is accurate, experts say. Here, Law360 busts the three biggest myths about inversion transactions.

  • November 24, 2015

    DraftKings, FanDuel Counter NY AG Ahead Of Hearing

    Daily fantasy sports giants DraftKings and FanDuel filed oppositions late Monday to the New York attorney general’s bid to shut them down in the state, arguing their contests are legal games of skill, setting the stage for a hearing Wednesday afternoon over the companies' fate.

  • November 24, 2015

    Sutherland Picks Up Former Kaye Scholer Energy Finance Pro

    A former Kaye Scholer LLP green energy finance partner who advises private equity investors and others on power generation projects has joined Sutherland Asbill & Brennan LLP as a partner in the firm’s New York office.

  • November 24, 2015

    Paul Weiss Steers CIM Unit's $158M NYC Hotel Buy

    With guidance from Paul Weiss Rifkind Wharton & Garrison LLP, an affiliate of the CIM Group paid $157.7 million to purchase the Martha Washington Hotel, a New York boutique operation, according to property records made public on Tuesday.

  • November 24, 2015

    Antonelli Tells 2nd. Circ. Alice Kills $8M IP Malpractice Row

    Antonelli Terry Stout & Kraus LLP continued efforts to escape an $8 million malpractice award over its handling of an ex-client’s patent application, telling the Second Circuit on Monday the underlying online ad invention isn’t even patentable under the Supreme Court’s Alice decision.

  • November 24, 2015

    A&P Sues Lee & Associates Over Botched $12M Store Sale

    The owner of A&P supermarkets on Monday filed a lawsuit in New York bankruptcy court accusing commercial real estate broker Lee & Associates of hiding from the debtor that its proposed $11.8 million purchase of stores in New Jersey and Brooklyn actually were on behalf of a third party.

  • November 24, 2015

    L-3 Inks $26M FCA Deal Over Allegedly Shoddy Gun Sights

    L-3 said Tuesday it would pay $25.6 million to settle the government’s False Claims Act suit over EOTech weapons sights sold to the military and law enforcement that the defense contractor allegedly knew were thrown off by extreme temperatures.

Expert Analysis

  • Paris Attacks Underscore Debate In Apple Warrant Case

    Susan Feibus

    Just a few weeks ago, the Obama administration said it would not seek statutory authority to compel tech companies to provide the keys to encrypted communications. But following the Paris attacks the issue is again front and center. Judicially, the debate also continues as a federal magistrate judge in New York weighs a government request for Apple Inc. to unlock an iPhone. Nixon Peabody partner Susan Feibus recaps the debate.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • A Lawyer's Guide To Analyzing Age Discrimination Claims

    Lauren Levine

    In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.

  • Ins And Outs Of US Trusted Traveler Programs


    U.S. Customs and Border Protection announced in November plans to expand to citizens of the United Kingdom the benefits of the Global Entry program, which permits expedited processing through CBP upon arrival to the United States. Effective Dec. 3, 2015, the expansion represents the latest step in allowing U.S. immigration and security officials to focus on higher-risk travelers, say attorneys with Mayer Brown LLP.

  • 2nd Circ. Provides Some Clarity On Legal Advice Protections

    Jonathan G. Cedarbaum

    In distinguishing between materials prepared by tax professionals in the ordinary course of regulatory compliance and tax analysis tailored toward a specifically anticipated legal challenge — such as IRS scrutiny over a restructuring — the Second Circuit in Schaeffler v. U.S. added clarity about the work-product doctrine’s protection, say attorneys with WilmerHale.

  • Zigzag On Zeig: When Is Exhaustion Really Exhaustion?

    Simone R. Bonnet

    The outcome of a dispute over primary policy exhaustion turns on some combination of policy language and public policy concerns, but the relative weight given to each of these factors seems to vary between states and jurisdictions, or even within a single jurisdiction, based on court interpretations of the influential Zeig v. Massachusetts Bonding & Insurance decision, says Simone Bonnet at Sidley Austin LLP.

  • New NYC Traffic Laws May Affect Future Civil Litigation

    David Rosenthal

    Given recent changes to New York City traffic law as part of Mayor Bill de Blasio's “Vision Zero” plan to reduce the number of serious motor vehicle accidents, insurance carriers may wish to have defense counsel present for New York State Department of Motor Vehicles fatal accident hearings, say David Rosenthal and Gregory Katz of Lewis Brisbois Bisgaard & Smith LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • State Statutes May Stymie Arbitration Of R&W Disputes

     Michael J. Gill

    There is a potential trap for parties choosing to arbitrate representations and warranties insurance disputes. In some jurisdictions, the parties to an R&W insurance policy may be unable to enforce the arbitration provision because of state laws. There is some good news, however, say Michael Gill and Alexandra Newman at Mayer Brown LLP.

  • A New Handbook For Restructuring In The US

    Jack Rose

    A recent decision from the U.S. Bankruptcy Court for the Southern District of New York in the restructuring case of a Berau Coal Energy subsidiary clarifies not only when a foreign company may be a debtor under Chapter 15, but the broader question of what satisfies the “property in the United States” requirements of Section 109, say attorneys with Ashurst LLP.