New York

  • January 20, 2016

    Primorsk Lender Questions NY Ch. 11 Venue

    Oil tanker operator Primorsk International Shipping received approval Wednesday from a New York bankruptcy judge to tap encumbered cash in order to keep its operation afloat in Chapter 11, but a major lender questioned the company’s decision to seek court protection in the Empire State.

  • January 20, 2016

    Muslim Men Hit American Airlines With Discrimination Suit

    American Airlines was hit with a multimillion-dollar discrimination lawsuit in New York federal court Monday by a group of friends who allege they were singled out and kicked off of a December flight from Toronto to LaGuardia purely because they appeared to be Muslim.

  • January 19, 2016

    CVC Capital Demeans Women And Promotes Men, Suit Says

    In a pattern of sexual harassment and discrimination, CVC Capital Partners Ltd. fired a female executive after she spoke out about the private equity firm's favoring males for promotion, according to a suit recently launched in New York federal court.

  • January 19, 2016

    Bankrupt WTC Contractor Gets Nod For Stopgap Financing

    A firm assisting in the construction of the 3 World Trade Center office tower in lower Manhattan on Wednesday obtained stopgap financing from a New York bankruptcy judge in order to continue its operations after running into liquidity problems.

  • January 15, 2016

    Schneiderman Hits GE, Eaton With $25M Landfill Cleanup Suit

    New York is seeking more than $25 million in cleanup costs from General Electric, Eaton Corp. and a waste hauler over hazardous waste contamination at a landfill near Syracuse, New York, according to a federal lawsuit filed Thursday by state Attorney General Eric Schneiderman.

  • January 14, 2016

    Abilify User Says Drug Made Him Compulsively Gamble

    A consumer on Wednesday hit Bristol-Myers Squibb in New York federal court with a personal injury suit, claiming that he developed a compulsive gambling problem after taking the antipsychotic drug Abilify and that American users weren’t warned about the risk of pathological gambling.

  • January 14, 2016

    Citibank Sues Ex-Dewey Chair Davis Over Unpaid Loan

    Citibank has sued former Dewey & LeBoeuf LLP Chairman Steven Davis in New York state court for nearly $400,000 to recover principal, interest and other expenses on an unpaid loan that was originally taken out for the benefit of the now-shuttered law firm.

  • January 13, 2016

    Shelter Promoter Contests 'Mind-Boggling' $160M IRS Fine

    A tax shelter promoter on Wednesday accused the IRS in a suit filed in New York federal court of using an illegal method to calculate a “mind-boggling” penalty of more than $160 million for failing to file two forms.

  • January 13, 2016

    Hyland's Faces 2nd Suit Over Homeopathic Baby Products

    Homeopathic remedy maker Hyland’s Inc. was dragged back into court Tuesday by a new proposed class of consumers who contend that several products advertised as effective in curing a number of baby ailments are nothing more than placebos.

  • January 12, 2016

    Windstream Takes $9M NY Contract Row Federal

    Windstream chose to defend against utility provider Niagra Mohawk's suit in New York federal court Tuesday, saying it has authority over allegations that Windstream failed to cough up $9.4 million in maintenance expenses for shared underground cable trenches.

  • January 12, 2016

    Starbucks Sues Coffee Chain Over 'Freddoccino' Drink

    Starbucks Corp. lodged a trademark lawsuit Monday in New York federal court accusing a Canadian chain restaurant operator of ripping off the coffee giant’s Frappuccino brand with a drink called the “Freddoccino.”

  • January 12, 2016

    FTC Sues Telemarketers Over $16M Sales, Credit Card Scam

    A telemarketing company and its affiliates deceptively marketed products designed to help consumers create home businesses and used sham credit processing arrangements to make more than $16 million, the Federal Trade Commission alleged Monday.

  • January 8, 2016

    Catsimatidis’ GC Slams NFL Star's Wannabe Kids TV Show

    The general counsel of John Catsimatidis’ business empire, who also writes children’s books, sued Viacom and production company IMG in New York federal court Thursday, claiming that a new show on Viacom’s Nickelodeon channel starring NFL star Cam Newton channel rips off his creative work.

  • January 7, 2016

    Crane Operator Seeks Ch. 11 After $96M Judgment

    The owner of a crane that collapsed in Manhattan in 2008 filed for bankruptcy protection Wednesday, along with his companies, after jurors awarded verdicts totaling $96 million to compensate the families of the two men who were killed in the accident.

  • January 7, 2016

    Band Says UMG Owes Royalties For Vocals In Timberlake Hit

    The 1970s band Sly Slick & Wicked sued Universal Music Group Inc. in New York federal court Wednesday, alleging it failed to compensate the group for using vocal performances from their song “Sho’ Nuff” in Justin Timberlake's hit "Suit & Tie.”

  • January 7, 2016

    NY Salad Chain Accused Of Violating Labor Laws

    Three employees of a New York fast casual salad chain filed a proposed class action suit in federal court there on Wednesday, alleging violations of the Fair Labor Standards Act and the New York Labor Law as part of a scheme to duck thousands of dollars in wages over several years.

  • January 6, 2016

    Lehman Goes After Standard Pacific For Mortgage Losses

    Bankrupt Lehman Brothers sued Standard Pacific Mortgage Inc. on Wednesday in New York federal court over what it said were sales of defective mortgages, adding to a steadily growing list of company lawsuits filed in a bid to recover hundreds of millions of dollars in losses to Lehman’s estate.

  • January 5, 2016

    Trader Joe's Underfills Tuna Cans, Consumers Say

    A proposed class of consumers is accusing grocery store chain Trader Joe’s of cheating its customers by underfilling 5-ounce cans of its store brand tuna, according to a complaint filed in New York federal court on Tuesday.

  • January 5, 2016

    REIT Sued Over $41M Write-Down On Puerto Rico Hotel Loans

    Real estate investment trust Resource Capital Corp.'s directors have been sued in New York court by a shareholder angry over their handling of a Puerto Rico hotel loan portfolio that prompted a $41 million write-down in August, another ripple from Puerto Rico's tenacious debt crisis.

  • January 5, 2016

    Siren Co. Faces Hearing Loss Claims From NYC Firefighters

    At least 111 former and current New York City firefighters have blamed fire-alarm manufacturer Federal Signal Corp. and several makers of emergency vehicles for their permanent hearing loss in five suits recently filed in Pennsylvania state court.

Expert Analysis

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • 2nd Circ. Highlights Importance Of NY Borrowing Statute

    Kevin P. Broughel

    A Second Circuit decision in IKB Deutsche Industriebank v. McGraw Hill, affirming the dismissal of a complaint against Standard & Poor’s concerning credit ratings, serves as an important reminder that New York’s borrowing statute can be an effective weapon in defending against claims brought by out-of-state or foreign litigants, say Kevin Broughel and Anthony Antonelli of Paul Hastings LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.

  • Lottery Selection Process — Solution Or Problem?

    Andrew Moore

    A recently filed complaint in the Southern District of New York calls into question the legality of the lottery selection process used by the New York City Marathon. Andrew Moore and Erin Elliott of Brownstein Hyatt Farber Schreck LLP take a look at three previous cases that addressed whether “processing fees” constitute consideration in a lottery analysis.

  • Further Clarity On Duty To Disclose Wells Notices

    David M.J. Rein

    Judge John Koeltl’s recent decision in Lions Gate Entertainment Securities Litigation follows and expands upon a 2012 decision by Judge Paul Crotty, also of the Southern District of New York, in Richman v. Goldman Sachs, which similarly held that the receipt of a Wells notice does not create an independent duty to disclose potential regulatory claims, say David Rein and Jacob Cohen of Sullivan & Cromwell LLP.

  • Foreign Bank Orders Signal Increased Focus On AML Failures

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    Recently issued consent orders against two foreign bank branches operating in New York show that during a period of increased focus on anti-money laundering, regulators are taking a closer look at financial institutions' efforts to monitor and thwart illicit transactions, and banks must be prepared to meet regulators' ever-evolving expectations, say attorneys with Arnold & Porter LLP.

  • A Model Arbitral Subpoena

    David Zaslowsky

    Section 7 of the Federal Arbitration Act and the laws of many states authorize the use of subpoenas in aid of arbitration. However, many practitioners, and arbitrators for that matter, are uncertain about the nuts and bolts of the actual issuance of arbitral subpoenas, says David Zaslowsky of Baker & McKenzie LLP.

  • Some Clarity On Madoff Recovery Calculations

    John H. Thompson

    A recent Southern District of New York opinion reinforced the common theme underlying all Madoff-related litigation — recovery will turn on the net amount of cash invested into and withdrawn from an account. The decision should enable account holders and the Madoff estate trustee to easily calculate the net equity of accounts that engaged in inter-account transfers, say John Thompson and Alex Lurie of McGuireWoods LLP.

  • Hoverboard Liability Suits Could Float To The Top In 2016

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    For many, January is a fresh start, but one holiday craze of 2015 may “hover” right into courtrooms across the United States, generating a host of product liability and consumer protection lawsuits in 2016: the hoverboard, says Alexis Kellert at Weil Gotshal & Manges LLP.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.