New York

  • September 29, 2014

    Airbnb Orgy Victim Hits Condo Complex With $2.7M Suit

    A resident of a Manhattan condominium that was used for an “unauthorized adult sex orgy party” when it was rented through Airbnb Inc. urged a state court on Saturday to award him $2.7 million from the condominium complex for mental anguish and lost business opportunities.

  • September 29, 2014

    Atty Sues St. John's For Cut Of Patent Royalty Settlement

    An attorney who claims to have helped St. John's University recover royalties from a former professor and a student for their licensing of patents that created powdered forms of liquid medications has sued St. John's in New York state court seeking to recover potentially millions of dollars.

  • September 25, 2014

    EEOC Hits Strategic Legal Solutions With Age Bias Suit

    The U.S. Equal Employment Opportunity Commission said Thursday it has filed a complaint against legal staffing firm Strategic Legal Solutions for allegedly discriminating against an attorney applicant because of her age, in violation of federal law.

  • September 25, 2014

    Unilever, P&G Hit With Suits Over Deodorant Packaging Size

    Procter & Gamble Co. and Unilever were each hit with separate putative class actions in New York federal court this week alleging their Old Spice, Axe, Degree and Gillette deodorants are sold in oversized packaging that misleads consumers into thinking they’re buying more product than they’re getting.

  • September 23, 2014

    SEC Charges Two Florida Attys With Aiding Offering Fraud

    The U.S. Securities and Exchange Commission on Tuesday charged two Florida attorneys with playing a part in an offering fraud that swindled investors of $3.3 million by selling counterfeit stock certificates via cold calls.

  • September 23, 2014

    MLB Hit With Class Action By Unpaid All-Star Volunteers

    Major League Baseball was hit Monday in New York state court with a putative class action alleging the league violated state wage laws by failing to pay volunteers who staffed the fan festival surrounding the 2013 all-star game.

  • September 23, 2014

    Bakrie Skipping Payments On $380M In Bonds, Investors Say

    Indonesian mobile phone company PT Bakrie Telecom TBK and several of its affiliates were slapped with a breach of contract lawsuit in New York state court Monday by investors who claim the company has failed to make interest payments on $380 million in bonds.

  • September 23, 2014

    Davidoff Hutcher Says Fired Lawyer Overbilled Client $2M

    Davidoff Hutcher & Citron LLP on Tuesday sued fired partner and Long Island local lawmaker David Denenberg in New York City court, accusing the rising politician of a "truly heinous" criminal overbilling scheme that netted some $2 million over eight years.

  • September 22, 2014

    Amtrak Wants $500M From Insurers For Sandy Coverage

    Amtrak has filed suit against a number of insurers in New York federal court to recoup the total $504 million in losses the rail giant claims to have suffered from Superstorm Sandy, telling the court it has only received $30 million in compensation from the insurers thus far.

  • September 19, 2014

    American Airlines Blames Port Authority For Damaged Hangar

    American Airlines Inc. on Thursday slapped the Port Authority of New York and New Jersey with a breach-of-contract suit in New Jersey federal court, claiming the authority’s negligence in maintaining fire suppression systems at LaGuardia Airport resulted in flooding damage to an American Airlines hangar.

  • September 19, 2014

    Nomura Sued Again Over Accusations Of Shabby MBS

    Nomura Credit & Capital Inc. has been hit with a fifth New York state court suit over its sale of mortgage-backed securities to a trust purpose built for Nomura MBS and trusteed by HSBC Bank USA NA, this time over more than $613 million worth of loans the plaintiffs say were materially misrepresented.

  • September 18, 2014

    LodgeNet Creditors Sue To Block 'Brazen' Restructuring Plan

    Creditors of the reorganized hotel media provider formerly called LodgeNet Interactive Corp. sued Wednesday to block a “radical and brazen” restructuring plan crafted by fellow creditor Mast Capital Management LLC, saying it subordinates their debt in violation of LodgeNet’s Chapter 11 plan.

  • September 18, 2014

    Apple's FaceTime Infringes Encryption Patent, Suit Says

    Apple Inc. was slapped with a patent infringement suit on Thursday in New York federal court, alleging that its FaceTime video calling service uses technology that flouts a digital encryption patent.

  • September 18, 2014

    Pie Maker Seeks Dough With Antitrust Class Action

    Pie company Savory Pie Guy LLC slapped dough equipment company Comtec Industries Ltd. with an antitrust class action in New York federal court on Wednesday, claiming Comtec prevents its customers from buying products from its rivals in order to maintain a monopoly.

  • September 18, 2014

    Insurer Sues Anheuser-Busch Over $12M Frozen Beer Claim

    AGCS Marine Insurance Co. has sued Anheuser-Busch InBev SA/NV in New York federal court seeking a declaration that it shouldn’t have to cover the brewer for $11.7 million in losses and fees for beer allegedly frozen in transit last winter, saying the company failed to properly store the beer.

  • September 17, 2014

    Morgans Says Developer Breached NYC Boutique Hotel Deal

    New York boutique hotelier Morgans Hotel Group Management LLC hit meatpacking district developer LM Legacy Group LLC with a lawsuit in a New York state court alleging that the developer failed to build a hotel that was to be operated by Morgans under a 2008 agreement.

  • September 17, 2014

    HFT Co. Latour Fined $16M For Mismanaging Capital Buffer

    The SEC registered a landmark $16 million fine Wednesday against high-frequency trading giant Latour Trading LLC for failures connected to its capital cushion, which the agency says Latour repeatedly miscalculated by as much as $37 million for two years — a mistake facilitated by high volume, according to a top official.

  • September 16, 2014

    NY Antitrust Suit Tests Key Tactic Of Brand-Name Drugmakers

    New York’s lawsuit this week accusing Actavis PLC and Forest Laboratories LLC of discontinuing a popular dementia drug’s original version in order to switch patients to a newer version with extended patent protection will be a major test of whether that strategy of "product hopping” is anti-competitive, attorneys say.

  • September 16, 2014

    Web Retailer Zazzle Latest To Be Sued Over 9/11 Photo

    The New Jersey newspaper publisher that owns the famous — and copyrighted — photo of firemen raising an American flag on 9/11 lodged another lawsuit Monday, this time against custom merchandise retailer Zazzle.com.

  • September 16, 2014

    Siga Files Ch. 11 After Losing Rival's Botched-Merger Suit

    Defense contractor Siga Technologies Inc. filed for bankruptcy in New York court Tuesday, saying a potential $232 million judgment owed to rival PharmAthene Inc. stemming from a failed merger and subsequent licensing litigation would hamper its ability to manufacture smallpox drug Tecovirimat for the nation's stockpile.

Expert Analysis

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Take Extra Steps When Social Media Page Is Evidence

    Steven Richard

    The Second Circuit recently vacated a conviction in U.S. v. Zhyltsou because the trial court improperly admitted social media evidence that the government tied to the defendant without sufficient proof of its authenticity. The foundational prerequisites to authenticate and admit website evidence must be carefully considered and developed before presentation at trial, say attorneys with Nixon Peabody LLP.

  • Clarity Over Insurance Broker Liability Comes To NY, NJ

    Robert D. Chesler

    Both Huggins v. Liberty Mutual Insurance Co. and Duffy v. Certain Underwriters at Lloyds of London offer lessons for policyholders — they should seek the broadest coverage possible and look to hold their brokers liable when failing to provide the coverage originally promised, say attorneys at Anderson Kill PC.

  • NY Court Clarifies When Yellowstone Relief Is Appropriate

    Jesse B. Schneider

    It has long been believed in New York that a Yellowstone injunction is not available in an action stemming from a default based solely upon the nonpayment of rent. However, the recent decision rendered and analysis proffered by a state court in Sagi Restaurant Corp. v. Brusco W. 78th St. LLC serves to debunk this notion, says Jesse Schneider of Davis & Gilbert LLP.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • Ex-Duane Reade CEO Case A Model For VWPA Restitution

    Lewis J. Liman

    The loss of a top officer to a criminal investigation is not unheard of, particularly in a change-of-control transaction. The Second Circuit’s ruling in a case involving a former Duane Reade Inc. CEO's securities fraud conviction establishes rules for companies to recover costs of investigation as restitution under the Victim and Witness Protection Act, say Lewis Liman and Breon Peace of Cleary Gottlieb Steen & Hamilton LLP.

  • Adopting Contractor-Friendly No-Damage-For-Delay Clauses

    Adam J. Paterno

    Moving away from a stringent no-damage-for-delay provision — as the city of New York and its various agencies are now doing — may make owners more inclined to respond to cost confirmations and agree to the contractor’s figures. That's one less obstacle on the path to a smoother confirmation process, say Adam Paterno of Holland & Knight LLP and Carl Oliveri of Grassi & Co.

  • IndyMac Reversal Will Significantly Impact '33 Act Cases

    Kevin M. LaCroix

    The U.S. Supreme Court’s decision to dismiss the writ of certiorari in a case involving the failed IndyMac bank means that the Second Circuit’s ruling that the filing of a class action does not toll the 1933 Securities Act’s statute of repose will remain operative with respect to a very large number of cases, says Kevin LaCroix of RT ProExec.

  • NYC Council Looks To Restrict Pre-Employment Inquiries

    Mark S. Goldstein

    Although the New York City Council is not the first to propose a law limiting employers' use of credit histories during the hiring process, the Stop Credit Discrimination in Employment Act appears to be the most restrictive, says Mark Goldstein of Reed Smith LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.