New York

  • May 2, 2016

    Condo Flipper Dodged $7.8M Fee In $261M Deal, Broker Says

    A condo flipper mysteriously disappeared from a $261 million deal to buy condos in a Manhattan high-rise and refused to pay a $7.8 million commission, a real estate broker alleged in a suit filed in New York state court.

  • May 2, 2016

    Consulting Firm Says Auto Co. Owes $12M For Breaching Deal

    A New York business consulting firm on Friday launched a $12 million contract and defamation suit against Shengrui Transmission Co., a Chinese auto parts manufacturer that wanted help expanding in the U.S. market but then allegedly turned around and accused the firm of dishonesty in order to skirt an agreement.

  • April 29, 2016

    WWII Photog's Estate Says Corbis Owes $4M For Using Images

    Photo licensing company Corbis Corp. owes $4 million to an agent of Soviet World War II photographer Yevgeny Khaldei’s estate for using images from Khaldei’s collection without paying for them, according to a suit filed Thursday in a New York state court.

  • April 29, 2016

    Memorabilia Co. Sues Insurers For Coverage Of Stolen Jerseys

    A New Jersey-based sports memorabilia company on Thursday slapped a trio of insurers with claims of negligence, breach of contract and bad faith after the group declined coverage of nearly $850,000 in stolen inventory from the company’s warehouse late last year.

  • April 28, 2016

    Arm & Hammer Detergent Maker Hit With ‘Slack Fill’ Suit

    The maker of Arm & Hammer consumer goods was hit with a putative class action in New York federal court on Wednesday, alleging that the company’s liquid detergent products are packaged in oversize containers that mislead consumers into thinking they are getting more detergent than they are.

  • April 28, 2016

    New York Times Hit With Discrimination Class Action

    Two female African-American advertising account managers slammed The New York Times Co. with a putative class action in New York federal court on Thursday, alleging the paper's business unit pays minorities, women and older workers less and has targeted them for buyouts as part of companywide layoffs.

  • April 27, 2016

    Ex-Epix Exec Accused Of Ripping Off $8M From Network

    The former chief digital officer of premium TV network Epix was arrested and charged Tuesday with wire fraud and aggravated identity theft for allegedly taking $8 million for services largely never performed for his ex-employer, according to U.S. Attorney Preet Bharara and a statement from the network.

  • April 27, 2016

    NY Times Sues CIA, Army For Iraq Chemical Weapons Docs

    The U.S. Central Intelligence Agency and the U.S. Army are improperly withholding documents on the handling of chemical weapons discovered during the American invasion Iraq, the New York Times Co. told a New York federal court this week, seeking orders compelling the government to release the information.

  • April 26, 2016

    Ex-Epix TV Exec Charged With $8M Fraud, Identity Theft

    The former chief digital officer of cable TV channel Epix was charged Tuesday with defrauding the company out of $8 million and using stolen identities to hide his involvement in the scheme, according to documents filed in New York federal court.

  • April 26, 2016

    Verizon Pushes NY Court To Rein In Union Strike Tactics

    Verizon Wireless on Tuesday brought its fight with the Communications Workers of America to New York state court, claiming that the labor union and it supporters need to be stopped from damaging the company through aggressive protesting tactics being used during an ongoing worker strike.

  • April 25, 2016

    Insurer Seeks $15.3M For Alleged Breach Of Bond Contract

    Atlantic Specialty Insurance Co. on Monday hit Essar Steel Minnesota and its subsidiaries with a complaint in New York state court demanding that the company cough up roughly $15.3 million in collateral for bonds the insurer issued last year.

  • April 25, 2016

    Ex-Sprint Execs Say US Hid Ernst & Young Tax Shelter Probe

    Two former Sprint Corp. executives on Friday accused the U.S. of helping accounting firm Ernst & Young LLP conceal from them a federal investigation of the firm’s promotion of tax shelters, according to a New York federal court complaint seeking $159 million.

  • April 21, 2016

    Rabbi Sues Manischewitz In $1M Sliding Kosher Standards Row

    A rabbi has launched a New York federal suit that seeks at least $1 million and accuses Manischewitz of trying to get him fired from his job managing its kosher compliance after he complained that the world's biggest matzo maker was relaxing its kosher-quality standards.

  • April 21, 2016

    Chinese Juice Co. Lied About IPO, Shareholders Say

    A Chinese juice company allegedly used the promise of an initial public offering to induce private equity funds, venture capital firms and individuals to make investments, then directed the money offshore without ever conducting the IPO, a group of shareholders has told a New York state judge.

  • April 21, 2016

    Clean Energy Giant SunEdison Files For Ch. 11

    Renewable energy giant SunEdison Inc. filed for Chapter 11 bankruptcy in New York federal court Thursday, culminating a stunning fall for a company that had been flying high with investors and positioning itself as one of the world's largest clean energy developers as recently as last year.

  • April 19, 2016

    GOP Consultant Hits Trump With $4M Defamation Suit

    A Republican political strategist on Monday slapped Donald Trump with a $4 million defamation suit, saying the presidential candidate and his campaign falsely claimed that she begged for a public relations job she didn’t get and that she then sought revenge by going “hostile” through her media commentary.

  • April 19, 2016

    AmTrust Says Broker Bribed Arbitrator For $454M Win

    Insurance company AmTrust Financial Services Inc. has accused an Italian medical malpractice insurance broker and an arbitrator in New York federal court of trying to rig the outcome of two proceedings for a €400 million ($454 million) payday, stealing confidential information and possibly even issuing death threats in a fraught contract dispute.

  • April 18, 2016

    PJT Shareholders Sue Firm, Caspersen Over $95M Fraud

    PJT Partners Inc., the publicly traded investment bank owned by Wall Street veteran Paul J. Taubman, has been hit with a shareholder class action stemming from last month’s arrest of one of its former top officials, Andrew W.W. Caspersen, who is accused of secretly running a $95 million fraud scheme.

  • April 15, 2016

    Firing Due To Pregnancy, Ex-P&G Makeup Salesperson Says

    A pregnancy discrimination suit filed Friday in New York federal court alleges The Procter & Gamble Company fired a woman who sold Dolce & Gabbana makeup at a Saks Fifth Avenue store because her pregnant condition didn’t promote the luxury brand’s “perfect look.”

  • April 15, 2016

    Benihana Of Tokyo Opens Fire In $9M TM Row With PE Firm

    A global hibachi restaurant chain operating under the Benihana label has hit its American counterpart with a $9 million trademark licensing dispute in New York state court as it fights off efforts by the private equity firm that owns the American chain to merge the two companies.

Expert Analysis

  • Regulating Daily Fantasy: DFS To Go Head-To-Head With DOJ?

    Mark T. Lavery

    Most of the spotlight on daily fantasy sports has focused on state attorney general action. But news reports have suggested that the U.S. Department of Justice is focusing on DFS as well. Let's look at the federal laws prosecutors could apply to the head-to-head DFS game format, says Mark Lavery of Langone Batson.

  • Regulating Daily Fantasy: DFS Is Like Rocky — On The Ropes

    I. Nelson Rose

    In the big fight scene in "Rocky," the young Rocky Balboa seemed to be fighting more just to survive, rather than to win. Like Rocky, daily fantasy sports operators continue to battle on, taking a beating that would floor any lesser competitor. DraftKings and FanDuel are actually winning many of their legal battles — but they do seem to be losing the war, says Nelson Rose, a professor of gaming law at Whittier Law School.

  • What Lies Ahead For Oil And Gas Producers After Sabine

    Glenn L. Pinkerton

    While a New York bankruptcy court's decision in Sabine Oil & Gas is significant for several reasons, it ultimately shows that the dispute is merely the opening salvo in a high-profile legal conflict between producers and midstream companies that will play out in various courts and possibly legislatures across the country over the coming months and years, say Glenn Pinkerton & David Kronenberg at Sidley Austin LLP.

  • Defending TCPA Class Actions On Constitutional Grounds

    Marc R. Jacobs

    A recent New York district court decision in Hannabury v. Hilton Grand Vacation — finding that the Telephone Consumer Protection Act’s damages provision is “disproportional” to actual harm suffered — gives rise to a new constitutional due process argument that may be used by defendants facing class action TCPA claims, says Marc Jacobs at Michelman & Robinson LLP.

  • Tribune: The Preemption Road Not Taken

    Jack G. Haake

    In a dispute between former Tribune shareholders and Tribune pension benefit recipients and noteholders, the Second Circuit’s discussion of whether a creditor’s claim reverts if not pursued by the trustee may have implications outside of the Tribune bankruptcy case. Circuits that have not ruled on the application of Section 546(e) may find the extinguishment of a creditor’s claim as a more compelling basis than Section 546(e) preem... (continued)

  • Improper Access Vs. Improper Use: The Meaning Of The CFAA

    Tyler Young

    For years to come, trade secret litigators will focus on the meaning of the Defend Trade Secrets Act. But in cases involving the use of a computer to commit misappropriation — an increasingly common fact pattern — litigators should also consider the application of the Computer Fraud and Abuse Act, say Tyler Young and Cicely Miltich of Faegre Baker Daniels LLP.

  • NY Workers' Comp Benefits Could Still Be In Jeopardy

    Brian Mittman

    New York workers who have been hurt on the job already struggle to make ends meet with payments provided by the state's current workers’ compensation system. Although recently defeated, New York Gov. Andrew Cuomo's suggested changes to the program — which would create additional limitations on worker's compensation benefits — will likely be part of legislature and lobbying again this year, says Brian Mittman at Markhoff & Mittman PC.

  • Wash. Court Decision Puts Recovery Of PURPA Costs At Risk

    Arthur W. Adelberg

    While a Washington appellate court's decision in Pacific Power & Light v. Washington Utilities and Transportation Commission reflects the understandable interest of a state to shield its citizens from shouldering the economic burden of sister states’ renewable energy policies, its conclusion that the cost recovery mandate of the Energy Policy Act of 2005 did not apply rests on shaky ground, says Arthur Adelberg of Barclay Damon LLP.

  • A False Claims Act Win For The Banks

    Andrew W. Schilling

    The Second Circuit’s broad rejection last week of an express certification claim in Bishop v. Wells Fargo will provide much-needed ammunition to mortgage lenders and servicers facing similarly aggressive and expansive use of the False Claims Act by the government and the relators bar, says Andrew Schilling, partner at BuckleySandler LLP and a former assistant U.S. attorney.

  • Challenging Going-Private Mergers In NY Just Got Tougher

    Jason M. Halper

    With a landmark decision from the state's highest court in Kenneth Cole Productions, New York now joins Delaware in its view that going-private mergers with a controlling stockholder will be insulated from "entire fairness" review as long as certain protections for minority stockholders are in place. While the potential for deferential business judgment review undoubtedly is attractive, there are pitfalls as well, say attorneys wit... (continued)