New York

  • June 16, 2015

    McCormick Hit With Class Action Over Pepper Skimping

    Spice and seasoning manufacturer McCormick & Co. Inc. has cheated consumers by “slack-filling” its metal tins with 25 percent less ground pepper in response to a global price increase, according to a proposed class action filed in New York federal court Monday.

  • June 12, 2015

    SEC Hits NY Broker Over $4.1M Share-Purchase Scheme

    The U.S. Securities and Exchange Commission on Thursday filed suit against a New York broker for selling unregistered securities through a web of related entities including Oxford Capital Advisors LLC in a four-year scheme through which he netted at least $4.1 million in ill-gotten gains.

  • June 11, 2015

    Verizon Sues NY Utility Over Pole Purchase Pact

    Verizon New York slammed New York State Electric and Gas Corp. with a contract breach suit in a New York state court on Wednesday, saying the utility has tried to jack up prices for tens of thousands of utility poles.

  • June 10, 2015

    When It Comes To Trademarks, Is All Alcohol The Same?

    With the launch of an infringement lawsuit this week between an “Applewood Winery” and an “Applewood Distillery,” Law360 takes a look at six recent cases to grapple with an important trademark question: Are all alcoholic beverages created equal?

  • June 10, 2015

    Immigrant Group Leaders Sue For Fees After Slander Fight

    Three leaders of an immigrant workers rights group have sued to force a New York City restaurant to cover legal fees they incurred fighting a slander lawsuit, the latest claim to arise from a heated battle between the eatery and a group of disgruntled employees.

  • June 9, 2015

    Soccer Franchise Owner Hit With $2M Suit Over League Exit

    The North American Soccer League has filed suit in New York Supreme Court against the owner of an Oklahoma City professional soccer franchise, seeking more than $2 million for an alleged breach of contract related to the team's improper withdrawal from the league.

  • June 9, 2015

    Forex Allegations Continue To Roll In Against Big Banks

    Barclays PLC, Citigroup Inc. and other big banks are in hot water again over allegations of foreign exchange market manipulation, this time facing a suit filed on Tuesday in New York federal court by a putative class of individuals who bought futures contracts and options on the market.

  • June 9, 2015

    Tax Firm, Atty Hit With Malpractice Suit Over Divorce Advice

    A Long Island tax and accounting firm and a Connecticut divorce attorney were sued Monday in New York state court by a former client who claims their negligence with regard to the treatment of alimony payments caused his tax refund to be slashed by more than $200,000.

  • June 8, 2015

    Bohai Pharma Hit With Suit Claiming Securities Shenanigans

    Investors led by Westport, Connecticut-based investment firm Euro Pacific Capital Inc. have launched a $6 million lawsuit accusing Chinese herbal pharmaceuticals manufacturer Bohai Pharmaceuticals Group Inc. of breaching contracts and defaulting on an agreement over a $12 million financing offering by “going dark” and leaving investors on the hook.

  • June 5, 2015

    ConEd Says NYC’s Negligence Led To East Harlem Blast

    Consolidated Edison Company of New York Inc. sued the city of New York in state court Friday over a natural gas explosion in East Harlem that killed eight and collapsed nearby buildings, alleging the city was aware of the defects that led to the explosion but failed to act on them.

  • June 5, 2015

    Discover Bank Uses False Cardholder Agreements, Suit Says

    Discover Bank has been using fraudulent credit card agreements to collect from cardholders in court, despite already being sued in federal court for the practice, a new putative class action filed in New York state court on Thursday claims.

  • June 5, 2015

    SEC Fines CSC $190M, Forces Exec Clawbacks

    The U.S. Securities and Exchange Commission on Friday fined Computer Sciences Corp. $190 million and extracted rare clawbacks of executives' pay to settle claims that they manipulated financial results and concealed major problems with the company’s multibillion-dollar contract with the United Kingdom’s National Health Service.

  • June 3, 2015

    London Whale Derivative Claim Too Flimsy, Judge Rules

    A New York state judge dismissed a derivative lawsuit brought against current and former officers and directors of JPMorgan Chase & Co. over the London whale trading debacle Wednesday, finding the claim was both collaterally estopped and too flimsy to float on its own.

  • June 1, 2015

    'Big Short' Adviser Takes SEC Court Gripes To 2nd Circ.

    Wing Chau, the investment manager featured in the Michael Lewis’ bestseller “The Big Short,” told the Second Circuit on Friday that federal courts do have jurisdiction to hear constitutional challenges to the U.S. Securities and Exchange Commission’s in-house court.

  • May 29, 2015

    Cash Advance Co. Seeks $45M In Suit Over Theft Of Clients

    A cash advance company lodged a suit in New York state court on Friday seeking more than $45 million in damages from a former call center manager who allegedly stole clients and proprietary corporate information and steered accounts over to its competitors.

  • May 29, 2015

    Steel Co. Says Port Authority Owes $6.6M For WTC Project

    A contractor for the Port Authority of New York and New Jersey lobbed a suit on Friday in New York state court accusing the bistate agency of skipping out on a $6.6 million tab it owes for the installation of steel structures at a World Trade Center facility.

  • May 28, 2015

    6 Criminally Charged In $50M Mobile Cramming Plot

    Criminal fraud and conspiracy charges have been brought against six individuals who allegedly reaped over $50 million from a mobile cramming scheme that billed users for unwanted “premium” text services, according to a complaint unsealed in New York federal court Thursday.

  • May 28, 2015

    SEC, Feds Charge Compliance Chief With Fleecing Investors

    A former Trident Partners Ltd. chief compliance officer whose job was to monitor the Long Island, New York-based broker-dealer for suspicious activity was arrested Thursday and charged with taking part in a multi-year conspiracy that pilfered over $500,000 from unsuspecting investors who thought they were buying into blue-chip stocks.

  • May 27, 2015

    Global Soccer Case Kicks Off On Loretta Lynch's Home Field

    The historic soccer bribery case launched Wednesday could touch any number of international locales. But to the extent it washes up in America, it will flow through Brooklyn, a fact that did not go unnoticed Wednesday as experts saw a sign that bigger prosecutions may be bound for U.S. Attorney General Loretta E. Lynch's former turf.

  • May 27, 2015

    Verizon Hit With $1.3M Tariff Suit

    Verizon Communications Inc.'s New York subsidiary has been hit with a breach of contract lawsuit in New York state court alleging the company reneged on its tariff obligation to pay $1.3 million in network transit charges.

Expert Analysis

  • Clean Power Plan Wins A Battle, But Has It Won The War?

    Jennelle Arthur

    While the Obama administration's Clean Power Plan may have survived its first legal challenge in Murray Energy Corp. v. U.S. Environmental Protection Agency before the D.C. Circuit, because the victory hinged on procedural grounds and the presiding judges were Bush-era appointees, the only certainty going forward is that the plan will continue to face both legal and legislative attacks, says Jennelle Arthur of Jackson Kelly PLLC.

  • NY High Court Brings Finality To RMBS Repurchase Claims

    Robert A. Fumerton

    The recent decision in ACE Securities Corp. v. DB Structured Products Inc. reinforces New York’s commitment to promoting certainty and finality in contractual matters by strictly applying the statute of limitations. A contrary ruling would have exposed residential mortgage-backed security defendants to nearly open-ended liability, say Robert Fumerton and Alexander Drylewski of Skadden Arps Slate Meagher & Flom LLP.

  • REBUTTAL: The Finality Of A Final Removal Order

    Eliza C. Klein

    On May 11, two of my former colleagues published their opinion on why deferred action executive actions are misguided, unlawful, unconstitutional and undermine the immigration enforcement system in the U.S. Their conclusions appear to be based on very fundamental misconceptions about the “finality” of an immigration judge’s decision over the past 50-plus years, says Eliza Klein, a former immigration judge for more than 20 years.

  • EPA Fracking Report Finds State-Based Solutions Are Best

    Brenna K. Finn

    The U.S. Environmental Protection Agency's draft report on hydraulic fracturing supports current regulation at the state — not federal — level. By referencing multiple state agency case studies and enforcement trends, the EPA report demonstrates that, where issues do exist, they are best handled at the state level so that state-specific realities and experience can be brought to bear, say Brenna Finn and David Neslin of Davis Graham & Stubbs LLP.

  • Monitor Imposed: Conduct Restraints In The Bromwich Affair

    Bradley L. Dizik

    Every once in a while, an integrity monitor or an independent compliance consultant will be imposed on a company by order of a court. This can be ... imposing. But, it is important to know what power a company has to influence the process in its favor. In-house and external counsel should consider the recent Second Circuit ruling in U.S. v. Apple, says Bradley Dizik of Tiberian Advisers LLC.

  • US V. Heinz May Bolster Expansive FIRREA Interpretation

    Andrew W. Schilling

    The U.S. Department of Justice’s aggressive use of the Financial Institutions Reform, Recovery, and Enforcement Act to sue banks for fraud just received an unexpected boost in the Second Circuit. While United States v. Heinz arose in the criminal context, its impact on civil enforcement could be significant, as courts grapple with the government’s “reflective” theory of FIRREA, say Andrew Schilling and Caroline Eisner of BuckleySandler LLP.

  • 8 Product-Hopping Takeaways From Namenda Ruling

    Robert Reznick

    Drug manufacturers regularly develop successor medicines with enhanced exclusivity in an effort to protect their franchises, and they consider carefully how aggressively they may promote switches in advance of generic entry. The stakes are huge. The Second Circuit’s recent decision in New York v. Actavis PLC shrinks a number of the gray areas of the law relating to this question, but key issues remain open, say attorneys with Orric... (continued)

  • OPINION: Deceptive Semantics And The Amnesty Debate

    Judge Mahlon F. Hanson

    For years, open border and immigrant advocacy groups have tried to mischaracterize the image of "illegal aliens" by claiming the term is demeaning, politically incorrect or a misrepresentation of the nature of their status or presence in this country. Yet it is legally accurate and used repeatedly in the Immigration and Nationality Act, say former immigration court judges with the Immigration Reform Law Institute.

  • Who Owns The News? The Latest On Fair Use In The Media

    Roberta Jacobs-Meadway

    Easy access to digital media has made the issue of owning and controlling news reports an even hotter topic. And the coming year will bring more fire, particularly as the election cycle moves forward, says Roberta Jacobs-Meadway of Eckert Seamans Cherin & Mellott LLC.

  • A 5-Point Plan To Save Our Juries

    Mark Robinson

    The civil jury trial has virtually disappeared in the U.K. and it’s vanishing in Canada. It will vanish here too if we don’t act. The biggest asset we have in our fight to save the system is the pool of jurors who have served and enjoyed a positive experience, say Mark Robinson, Gilbert Dickinson, Harry Widmann and Lewis Sifford, co-chairmen of Save Our Juries.