New York

  • November 12, 2015

    Express Scripts Sues Horizon For $140M, Cuts Pharmacy Ties

    Express Scripts is suing Horizon Pharma for $140 million over disputed rebate payments and is trying to sever ties with a specialty pharmacy that serves the drugmaker, adding to recent controversy surrounding specialty dispensers.

  • November 12, 2015

    IRS Bungled Instructions Then Denied $3M Refund, Suit Says

    Investment company UKP Holdings Inc. sued the United States in New York federal court Tuesday over a $3 million income tax refund the company says the Internal Revenue Service wrongfully denied after a dispute over capital loss carrybacks.

  • November 10, 2015

    Bern Hits Ex-Partner Napoli With $80M Defamation Suit

    Personal injury attorney Marc Bern and his wife filed an $80 million defamation suit in New York state court Monday against Paul Napoli and his wife, the latest fallout from the duo's dispute over alleged misdeeds at their now-defunct firm, Napoli Bern Ripka Shkolnik LLP.

  • November 10, 2015

    Chinese Investors Traded Tips On PE Deals, SEC Says

    The U.S. Securities and Exchange Commission has filed an insider trading lawsuit accusing a Chinese investor of using tips from his cousin, a former TPG Capital LP associate and crowdfunding CEO, to trade shares of two health companies purchased in private equity deals.

  • November 9, 2015

    Outsourcing Firm Gave Foreign Workers Raw Deal, Class Says

    Outsourcing services provider Accenture was slapped with a class action in New York state court Friday by immigrant software engineers who accused the company of discrimination by paying U.S. workers higher salaries and affording them a better benefits package.

  • November 6, 2015

    SFX CEO’s Failed Takeover Bid Was A ‘Sham,’ Suit Says

    A boutique investment management firm lobbed a securities suit at SFX Entertainment Inc. in New York federal court Friday, accusing the electronic dance music promoter’s chief executive of concocting a bogus bid to take the company private in order to artificially inflate its stock price.

  • November 6, 2015

    Nextel Faces Workers' Reframed Bribery, Racketeering Suit

    A group of onetime Nextel Communications Inc. workers who filed a lawsuit against their employer and a law firm nearly a decade ago alleging bribery and malpractice asked in New York federal court Friday for permission to file a new complaint after the Second Circuit undid certification of their class.

  • November 6, 2015

    Lloyd’s Owes $9M For Damaged Warhol, Art Foundation Says

    Lloyd’s of London owes a Connecticut art foundation more than $9 million in damage and restoration costs after two panels of a 12-piece Andy Warhol installation portraying an electric chair were damaged while on loan in Italy, according to a complaint filed in the Supreme Court of New York on Friday.

  • November 4, 2015

    Agents Sued Over Unpaid Fees From NFL Star’s $40M Deal

    A sports management company and a law firm representing former NFL wide receiver Mike Williams in a $40 million deal with the Tampa Bay Buccaneers were hit with a suit Tuesday in New York federal court alleging they stiffed a businessman who says he recruited the player to contract through the agency.

  • November 3, 2015

    NY Contractor Accused Of FCA Violations In Highway Project

    A construction company in New York contracted for reconstruction work on the Cross-Westchester Expressway, or Interstate 287, misled the government to believe a disadvantaged company participated in the work, the U.S. Attorney for the Southern District of New York alleged in a lawsuit Tuesday.

  • November 3, 2015

    Sheraton Hit With ADA Suit Over Times Square Hotel

    A nonprofit advocacy group filed a lawsuit in New York federal court Monday alleging that the Four Points by Sheraton hotel in Times Square discriminates against handicapped people by not complying with the Americans with Disabilities Act.

  • November 2, 2015

    Union Says GM Is Cheating Retirees Out Of $95M In Benefits

    GM was accused Friday in New York bankruptcy court of violating a 2009 settlement with workers by unilaterally altering the health insurance plans of employees who retired early under the deal, forcing them to pay higher premiums and allegedly cheating them out of $95 million worth of benefits.

  • October 30, 2015

    AP, Others Face Photog’s Copyright Suit Over ‘X-Files’ Pic

    A photographer on Friday launched a copyright infringement suit in New York federal court that accuses the Associated Press of distributing his photo of the main characters of the television show "The X-Files" to media outlets without getting his permission.

  • October 29, 2015

    RadioShack Lawsuit Blitz Seeks Millions From Apple, Others

    The liquidating trustee for the former RadioShack filed more than 140 lawsuits Thursday in New York bankruptcy court against Apple, Amazon, Verizon and many more of the company's former vendors and service providers to recover millions of dollars it spent in the weeks leading up to its Chapter 11 filing.

  • October 29, 2015

    NYU Sues Insurer For $1.4B In Sandy Damage Coverage

    New York University sued its longtime insurer in New York federal court on Wednesday seeking $1.4 billion in coverage for losses stemming from Superstorm Sandy at various locations in the school's Langone Medical Center network.

  • October 23, 2015

    J. Crew Claims Wal-Mart Stole Copyrighted Necklace Designs

    J. Crew on Friday filed a lawsuit in New York federal court accusing Wal-Mart of selling near-identical knockoffs of the apparel chain's copyright-protected necklaces.

  • October 23, 2015

    JPMorgan Software Tweaks Breached Contract, Calypso Says

    JPMorgan Chase Bank has been hit with a breach-of-contract lawsuit in New York federal court that was brought by Calypso Technology, the maker of popular financial software, alleging the bank improperly modified the program’s source code, according to a complaint unsealed Friday.

  • October 23, 2015

    CFPB Aims To 'Get To The Bottom' Of RushCard's Debacle

    The Consumer Financial Protection Bureau on Friday said his agency was working to "get to the bottom" of the problems plaguing popular prepaid card product RushCard that have led thousands of customers to be shut out of their accounts for at least 10 days.

  • October 23, 2015

    Top Viacom Execs Accused Of Misleading Investors

    A longtime shareholder with Viacom accused current and former top leaders at the company in a derivative suit Thursday in New York state court of failing to disclose key financial information that showed the company was underperforming or details of its alleged violations of European Union competition law.

  • October 22, 2015

    Netflix Sued For Streaming Classic Italian Film

    Netflix Inc. was hit with a copyright infringement lawsuit Wednesday from a company that claims to own a copyright on an English-subtitled version of  "Ladri Di Biciclette" — an Italian film classic that's been in the public domain for years.

Expert Analysis

  • 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.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • GM Judge Clearly Sets Out Permissible Faulty Switch Suits

    Benjamin D. Feder

    A decision last week by a New York bankruptcy judge splits innumerable hairs, but delineates the extent to which the new General Motors — which acquired the assets of "Old GM" in 2009 — is shielded from lawsuits based on ignition switch defects in cars manufactured prior to the acquisition, says Benjamin Feder of Kelley Drye & Warren LLP.

  • OPINION: We're Still Failing Our Vets

    Lisa W. Borden

    In recognition of Veterans Day, flags were flown, green light bulbs glowed, parades were organized, and ceremonies were observed. It's right that we should honor the vital contributions of the military veterans we consider heroes. But the truth is that we are failing veterans on a massive scale, says Lisa Borden, pro bono shareholder for Baker Donelson and a member of the Association of Pro Bono Counsel.

  • NY Insurance Law 3420(d)(2) Is Strictly Enforced

    Robert W. DiUbaldo

    A New York appellate court's recent decision in Endurance v. Utica further illuminates the stringent notification requirements of Section 3420(d)(2) — which applies to bodily injury or death claims arising out of an accident occurring within the state — and the consequences of an insurer’s failure to adhere to them, say Robert DiUbaldo and Nora Valenza-Frost of Carlton Fields Jorden Burt PA.

  • Are Climate Change Disclosure Cases A New Trend?

    Thomas O. Gorman

    The New York attorney general’s “first-of-its-kind” settlement with Peabody Energy resolving accusations of false and incomplete statements regarding climate change — and a similar probe into Exxon Mobil — appear to have set the stage for a new round of U.S. Securities and Exchange Commission investigations, says Thomas Gorman of Dorsey & Whitney LLP.

  • 3 Takeaways From Freight Forwarder Antitrust Litigation

    Richard L. Furman

    For marketing purposes, there are obvious benefits to creating an image that various branches of a group of related companies operate as a single coordinated business. However, such an image may be manipulated by a plaintiff to suggest a lack of distinct corporate identity, as seen in the freight forwarder antitrust litigation, says Richard Furman of Carroll McNulty & Kull LLC.

  • Click To Appeal: A Cautionary Tale On Electronic Filings

    Bryce Suzuki

    A recent Second Circuit decision in Franklin v. McHugh puts practitioners on notice that failure to “click all the buttons” may, with respect to electronically filing a notice of appeal, result in the appellate court lacking jurisdiction to consider the appeal. The case's lessons are equally applicable in the bankruptcy context, say Bryce Suzuki and Justin Sabin of Bryan Cave LLP.

  • NYC Thinks Inside The Box With Ban-The-Box Requirements


    There is a growing trend on the federal, state and local levels toward increasing equal employment opportunities for all applicants, and particularly those with a less than pristine criminal history. New York City’s “ban the box” law that became effective on Oct. 27, 2015, appears to be just the next wave in the tide of momentum nationally, says Michael Schmidt of Cozen O'Connor.