New York

  • November 21, 2014

    SoulCycle Ban On Ex-Worker's Atty Unlawful, Suit Says

    SoulCycle LLC violated New York and California anti-retaliation law when it banned an attorney and SoulCycle patron from its premises for pursuing a proposed class action accusing the indoor cycling fitness chain of stiffing instructors on wages, according to a suit filed Thursday.

  • November 20, 2014

    PE Managing Director Accused Of Rape In New York Court

    A managing director of a Greenwich, Connecticut-based private equity firm was sued in New York state court this week on charges of rape of an “intimate” relation, according to court documents.

  • November 19, 2014

    Juice Co. Sues Ex-COO For Poaching Workers For Startup

    A raw food, juice and smoothie company accused its former chief operations officer on Tuesday of trying to steal away four top-level managers for his rival startup, alleging in New York state court that the executive offered them equity in the new venture.

  • November 19, 2014

    AP Says The Hartford Must Defend Personal Injury Suit

    The Associated Press and its insurer asked a New York state judge on Tuesday to compel The Hartford Casualty Insurance Co. to indemnify the AP in an underlying $4 million personal injury suit by a maintenance worker, saying that the policy’s professional exclusion policy doesn’t apply.

  • November 19, 2014

    Gucci Tagged With Latest NY Unpaid Intern Class Action

    Gucci America Inc. is the latest high-fashion retailer to be accused of not paying its interns for work that does not qualify as education or training, according to a proposed class action filed Tuesday in New York state court.

  • November 18, 2014

    Debt Collectors Posed As 'Warrant Squad,' Feds Say

    Federal prosecutors in New York on Tuesday unveiled charges against Williams Scott & Associates LLC and seven employees whom they say went so far as to pose as a federal "warrant squad" to coerce 6,000 victims in 50 states into paying more than $4 million in sometimes fake debts.

  • November 14, 2014

    Google Freelancer Worked, Not Paid Like Employee, Suit Says

    A former Google Inc. freelancer accused the company of cheating him and other workers out of their fair share of pay, saying he was misclassified as an independent contractor and then forced to do more work in less time, according to a suit filed Friday in New York federal court.

  • November 10, 2014

    OneWest Sues Lehman Bros. To Keep Loan Info Confidential

    OneWest Bank NA is trying to stop Lehman Brothers Holding Inc. from accessing confidential information about Lehman-owned loans it used to service, alleging in New York federal court that Lehman is trying to blame OneWest for its own bad investments.

  • November 10, 2014

    Banks Processed Funds For Iran-Backed Attacks In Iraq: Suit

    Wounded U.S. military personnel and the families of U.S. soldiers killed in Iraq have sued five European banks, including Standard Chartered PLC and HSBC Holdings PLC, alleging that they processed money for Iranian groups that paid for roadside bombs and other attacks.

  • November 6, 2014

    Ex-Navy SEAL Slams Attys Over Advice On Bin Laden Book

    The former Navy SEAL who published an account of his participation in the mission that killed Osama bin Laden hit his former lawyers with an $8 million malpractice suit Wednesday in New York federal court, alleging they convinced him not to get military clearance for his book.

  • November 6, 2014

    HomeGoods Accused Of Ripping Off Palm-Tree Glass Design

    Retail chain HomeGoods Inc. is selling a line of beverage glasses that include palm leaf and palm tree etchings that allegedly rip off a similar design for a line of goblets manufactured and sold by a New York merchant, according to a copyright suit made available Thursday.

  • November 4, 2014

    Jay-Z, Kanye Ripped Off 'Made In America,' Suit Says

    A New York City-based independent musician alleged in New York federal court Tuesday that Kanye West and Jay-Z’s 2011 hit song “Made in America” is a rip-off of his song of the same name.

  • November 3, 2014

    Visa Sues Sears To Block Interchange Fee Claims

    Visa Inc. on Friday sued Sears Holdings Corp. in New York in an attempt to prevent the retailer from pursuing more damages against the card company after opting out of a controversial $7.25 billion antitrust settlement over Visa and MasterCard Inc. interchange fee rules.

  • November 3, 2014

    DOJ Sues To Block $375M Movie Theater Advertising Merger

    The U.S. Department of Justice on Monday lodged a lawsuit in New York federal court to block National CineMedia Inc. from acquiring rival Screenvision LLC in a $375 million deal that the antitrust watchdog said would squelch competition for advertising in movie theaters across the country.

  • October 30, 2014

    American Realty's Accounting Woes Spark 2 NY Class Actions

    A day after American Realty Capital Properties Inc. revealed accounting irregularities in recent earnings reports, the real estate investment trust was hit with two securities class actions in New York federal court Thursday alleging it misled investors about its financial health ahead of a $1.6 billion public equity offering in May.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    NYC Eateries Pursue Insurers For Sandy Coverage

    Continental Casualty Insurance Co. and two other insurers have been sued in New York state court by numerous restaurants located at Manhattan's South Street Seaport that suffered losses during Superstorm Sandy, claiming the insurers acted in bad faith by denying coverage without an adequate basis.

  • October 29, 2014

    Barclays Hit With $10B Fraud, Bribery Suit Over Saudi Scheme

    Barclays Bank PLC was hit Tuesday with a Saudi Arabian real estate and construction company’s $10 billion complaint in New York state court alleging the bank fraudulently settled a suit against the Saudi government over unpaid lease payments in exchange for a share in $925 million and a lucrative banking license.

  • October 29, 2014

    GLPI Sues Pa. Casino Owner Over Info In $465M Deal

    Real estate investment trust Gaming and Leisure Properties Inc. said Tuesday that it has sued Cannery Casino Resorts LLC in New York state court over complications in its deal to purchase The Meadows Racetrack and Casino, located near Pittsburgh, for $465 million.

  • October 28, 2014

    NYC Restaurant Goes After Insurer Over Sandy-Spoiled Food

    The owner of a high-end Manhattan restaurant has hit a subsidiary of The Travelers Indemnity Co. with a lawsuit, claiming the insurer refused to cover losses for spoiled food following Superstorm Sandy-caused power outages without first conducting an adequate claims investigation.

Expert Analysis

  • Tech-Tying Vs. Section 2 Of The Sherman Antitrust Act

    Kellie Lerner

    Unfortunately, there is no unanimity among the courts of appeal that have addressed when a technological tie violates the antitrust laws. However, courts generally consider the degree of improvement, the purpose of the product redesign, and whether there is genuine consumer demand for the new product, say Kellie Lerner and David Kurlander of Robins Kaplan Miller & Ciresi LLP.

  • And Now A Word From The Panel: End Of An Era

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Charleston, South Carolina, for its Dec. 4 hearing, let's take a moment to acknowledge a changing of the guard as Judge John Heyburn II, panel chairman for the past seven years, passes the torch. The panel also welcomes its newest member, from the Eastern District of Missouri, says Alan Rothman of Kaye Scholer LLP.

  • An Inefficient Mix: Arbitration And Rule 68

    Michael P. Richter

    Mixing arbitration and offers of judgment under Federal Rule of Civil Procedure 68 can lead to confusion that eliminates the greater efficiencies they were meant to achieve, says Michael Richter, an attorney with Joseph Hage Aaronson LLC and chairman of the New York City Bar Association’s Military and Justice Affairs Committee.

  • Room For Clarity In NY's Property Tax Exemption Rulings

    Joseph Wiener

    While two recent New York Court of Appeals opinions indicate that the state’s nonprofit property tax exemption should be interpreted somewhat liberally, many questions are left unanswered. For example, is all housing for employees of nonprofits exempt from property taxes? asks Joseph Wiener of Georgetown University.

  • Caution: Flaws Of The Attorney-To-Secretary Ratio

    Sharon Quaintance

    Most sophisticated law firms have found that firmwide attorney-to-secretary ratios do not truly indicate whether a firm is staffed efficiently. At best, these ratios could be considered a baseline measurement or a high-level indicator of whether a firm is “progressive.” But there are some reasons why one should be skeptical of the numbers, says Sharon Quaintance of HBR Consulting.

  • Craft Beverage Legislation Goes Down Smooth In NY

    Brian W. Mahoney

    Recent passage of the Craft New York Act continues a trend in New York to accommodate the craft beverage industry by allowing certain small producers to sell directly to the public while also reducing taxes and providing a lighter regulatory touch, says Brian Mahoney of Nixon Peabody LLP.

  • Gentlemen’s Clubs Can't Strip Dancers Of Employee Status

    Archana R. Acharya

    In the past few weeks, two gentlemen’s clubs have ended up on the wrong side of wage-and-hour class actions, reminding us that, whether in a Fortune 1000 setting or the more “intriguing” adult entertainment industry, there is a very fine line between classifying someone as an employee or an independent contractor — and getting it wrong can be costly, says Archana Acharya of Foley & Lardner LLP.

  • Should US Law Enforcement Really Police World Soccer?

    Patrick O’Donnell

    Like the recent trans-Atlantic foreign exchange fraud settlements, the New York-based investigation into the FIFA bribery case holds promise that U.S. regulators can, again, manage to extract their pound of flesh for conduct occurring overseas. However, the expansion of U.S. extraterritorial law enforcement should give Americans pause, says Patrick O’Donnell of Harris Wiltshire & Grannis LLP.

  • How Much Is Enough? Qualifying As A 'Debtor' In Ch. 15

    Kevin P. Ray

    For a debtor in a foreign insolvency proceeding that finds itself needing the access to U.S. bankruptcy courts that Chapter 15 provides, the most straightforward route to qualifying as a debtor is to maintain property in the U.S. But how much property is enough? The Southern District of New York recently addressed this question in the case of Suntech Power Holdings Co. Ltd., says Kevin Ray of Greenberg Traurig LLP.

  • Fight Or Settle? Let's Look At A Rare Securities Trial

    Kevin M. LaCroix

    Those familiar with securities class action litigation know that cases that are not dismissed or otherwise resolved on procedural grounds almost always settle. And it appears that a former Longtop Financial Technologies executive’s strategy to fight rather than settle has backfired as he might wind up being deprived of any insurance, says Kevin LaCroix of RT ProExec.