New York

  • February 5, 2015

    South St. Seaport Owner Says Insurers Owe $8.6M For Sandy

    The Howard Hughes Corp. on Wednesday sued two insurance companies in New York state court, accusing them of wrongfully withholding $8.6 million for damage sustained by the South Street Seaport following Superstorm Sandy, by misapplying a named storm deductible.

  • February 5, 2015

    Ferrero Not Nuts About NY Cafe's Use Of 'Nutella' Mark

    Ferrero SpA, the company behind cocoa-hazelnut spread Nutella, filed suit in New York federal court on Thursday against a Brooklyn restaurant, alleging that its use of the "Nutella" mark constitutes trademark infringement.

  • February 5, 2015

    NYC Landlord Says Tenant Threw Transgender Sex Parties

    A New York City landlord launched a suit on Wednesday, claiming one if its tenants at a Midtown Manhattan office building has been illegally hosting transgender sex parties in the space, in violation of its lease.

  • February 5, 2015

    NYC Hit With $22M Contract Suit Over Sludge Ships

    The city of New York’s bungling of a sludge ship contract has cost Bollinger Shipyards Lockport LLC more than $22 million in unexpected costs and incentive payments, the company told the New York Supreme Court on Wednesday.

  • February 5, 2015

    Exotic Dancers Slap NYC Club With Proposed Class Wage Suit

    The owners of New York City’s Cheetahs Gentlemen's Club & Restaurant were slapped with a proposed class action suit on Wednesday in New York federal court alleging the adult entertainment club has cheated its dancers out of fair wages.

  • February 4, 2015

    Mt. Gox Parent Follows Bitcoin Exchange Into Ch. 15

    The parent company of defunct bitcoin exchange Mt. Gox filed for bankruptcy protection on Wednesday, days after being forced into an insolvency proceeding in Japan, seeking shelter from U.S. lawsuits connected to the $473 million cybertheft that destroyed its business.

  • February 3, 2015

    Ex-Santander Aide Indicted In NY For Insider Trading

    A Banco Santander SA CEO's former adviser, who last year paid $1.9 million to end a civil suit against him, has been charged in New York federal court with trading on insider information about a failed BHP Billiton Ltd. takeover bid, prosecutors said Tuesday.

  • February 3, 2015

    Shoddy HHS Calculation Cost NYC Hospitals $15M, Suit Says

    The New York City municipal hospital system has hit the U.S. Department of Health and Human Services with accusations that an arbitrary Medicare reimbursement cap has cost its hospitals $15 million, filing a federal suit through which it hopes to win back the money. 

  • February 2, 2015

    Lindsay Lohan Hits Fox With Slander Suit Over Cocaine Claim

    Lindsay Lohan and her mother on Monday launched a New York state suit accusing Fox News Channel and host Sean Hannity of defamation over an allegedly false segment in which a frequent commentator claimed the troubled actress and her mother took cocaine together.

  • February 2, 2015

    Hitachi Sued Over Adviser Fee For $1.3B Foundry Co. Buy

    Investment banking firm Truenorth Capital Partners LLC has filed suit against Hitachi Metals America Ltd., alleging the company owes it more than $6.8 million for breaching a consulting contract after Hitachi paid $1.3 billion to purchase private equity-backed Waupaca Foundry Inc.

  • February 2, 2015

    Alibaba Hit With Class Action Over Pre-IPO Talk

    Alibaba Group Holding Ltd. was hit with a shareholder class action in New York federal court on Friday over allegations the Chinese e-commerce giant made false statements about its business operations and exposure to regulatory scrutiny in the runup to its $25 billion initial public offering.

  • February 2, 2015

    Soho, Tribeca Grand Deprived Employees Of Tips, Suit Says

    The Soho Grand and the Tribeca Grand have been hit with a putative class action alleging the New York hotels shortchanged waiters, busboys, bartenders and other employees out of tips by assessing a “service charge” without disclosing the charge wasn’t a gratuity for staff.

  • January 29, 2015

    Lil Wayne Smacks Record Label With $51M Breach Suit

    Rapper Lil Wayne smacked his record label with a $51 million breach-of-contract suit in New York federal court on Wednesday, arguing Cash Money Records withheld millions over his delayed album “Tha Carter V” and urging a judge to end his contract with the label.

  • January 28, 2015

    CBS Faces Intern Class Action After Aborted 'Late Show' Suit

    A former CBS Corp. intern has filed a class action in New York state court alleging the media giant cheated interns out of wages, five months after an ex-“Late Show” intern represented by the same law firm dropped similar claims against the broadcaster amid allegations the firm had coerced her into suing.

  • January 27, 2015

    Interns Say Rolling Stone, Others Failed To Pay Them

    Former interns of Rolling Stone, retailer Lacoste and fashion firm The House of Z LLC each kicked off the latest round of wage-and-hour class actions in a New York state court, accusing the companies of unlawfully denying interns a minimum wage.

  • January 26, 2015

    Joan Rivers' Daughter Sues NY Clinic Over Mother's Death

    Melissa Rivers accused the clinic where comedian Joan Rivers was receiving a routine throat surgery of gross negligence, saying the doctors weren’t properly trained and that they paused for photos of her unconscious mother, according to a suit filed in New York state court on Monday.

  • January 26, 2015

    Cargill Bilked Partner To Take Control Of Resort, Suit Says

    Agriculture company Cargill Inc. and its financial and hedge fund units were hit with a suit in New York federal court Friday alleging they breached a joint venture deal for a luxury resort in Mexico and illegally took control of the resort for themselves.

  • January 23, 2015

    JPMorgan Accused Of Futures Manipulation In $25M Suit

    Hedge fund manager Daniel Shak on Thursday commenced a lawsuit in New York against JPMorgan Chase & Co. accusing the lender of manipulating the silver futures market at the expense of other traders and seeking at least $25 million in damages.

  • January 22, 2015

    Insurers Say Chemtura Can't Tap Predecessors' Policies

    A London market insurance company group sued Chemtura Corp., its affiliates and insurers in New York state court Thursday, disclaiming responsibility for environmental remediation costs and food industry employee suits relating to dangerous chemical exposure.

  • January 20, 2015

    Burberry Hit With Wage Class Action By Former Intern

    Burberry Ltd. is the latest luxury goods peddler to be hit with a class action over wages, with a lawsuit filed in New York on Friday by a former intern who accuses the company of cheating interns out of pay for work that doesn’t provide any academic benefit.

Expert Analysis

  • Who Flips The Switch?

    Nancy Saracino

    The energy sector faces significant change, driven by factors ranging from shifting sources of electricity generation, to commercialization of emerging technologies and the experimentation with new market models. In many cases, however, there’s no clear policy as to whether the federal government or the states have jurisdiction, say attorneys with Crowell & Moring LLP.

  • Aereo And Its Limited Application To New Technologies

    Timothy Buckley

    Several recent cases confirm that the reach of the U.S. Supreme Court's decision last year in American Broadcasting Company Inc. v. Aereo Inc. is quite limited, says Timothy Buckley of Powley & Gibson PC.

  • Takeaways From NY's Dietary Supplement Investigation

    Matthew J. Kelly Jr.

    Two takeaways from New York Attorney General Eric Schneiderman's recent investigation into retail dietary supplements are that there is a danger unproven science can be used to attack a company's stores and public image and that retailers should keep track of their suppliers, which includes making sure testing records called for in any sales contract are current, say attorneys at Schnader Harrison Segal & Lewis LLP.

  • Rejoice In New York’s Revised UCC, But Beware Traps

    G. Ray Warner

    While recent amendments bring most of New York’s Uniform Commercial Code up to date, the state chose not to modernize its entire UCC, as a result of which certain of its provisions do not reflect modern practices, and its version of Article 9 is still out of sync with that of other states, says G. Ray Warner, of counsel at Greenberg Traurig LLP and associate dean for bankruptcy studies at St. John’s University School of Law.

  • The Ins And Outs Of Benefit Corporations

    Rachel L. Williams

    Spurred by trends in sustainable and ethically minded profit-making, well-known companies such as Campbell Soup and Patagonia are incorporating benefit corporations into their corporate structures. And 27 states have passed legislation allowing for the formation of benefit corporations, including Delaware, California and New York. Let's take a closer look at this new legal entity, says Rachel Williams of Norton Rose Fulbright LLP.

  • Citigroup Fallout And SEC's Strategic Resource Allocations

    Ada Fernandez Johnson

    Although commentators and defense counsel raise appropriate questions on the application of the U.S. Securities and Exchange Commission’s new admissions policy and the fairness of the agency’s increased use of administrative proceedings, the Citigroup rulings recognize that these are areas in which the SEC can and should exercise its discretion in fulfilling its investor protection mandate, say attorneys with Debevoise & Plimpton LLP.

  • It's Time For A Change In US Digital Privacy Laws

    Samuel Miller

    The Microsoft Corp. email privacy case currently pending in the Second Circuit is further complicated because the court will be forced to interpret the outdated Electronic Communications Privacy Act. While Congress is beginning to take action to modernize the law, the proposed legislation does not address the extraterritorial reach of an ECPA warrant, says Samuel Miller of Sidley Austin LLP.

  • LNG Facilities Outside NYC? Not So Fast

    Ruth E. Leistensnider

    While the New York State Department of Environmental Conservation's new rules create a regulatory framework for new liquefied natural gas facilities outside New York City, applicants should be aware of long time frames given the State Environmental Quality Review Act process and possibility of public opposition to such facilities after the state's ban on hydraulic fracturing, say Ruth Leistensnider and Peter Trimarchi of Nixon Peabody LLP.

  • Are You Unwittingly Bound By An AFL-CIO Agreement?

    Rachel J. Tischler

    While the 2012 Industry Wide Agreement between the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO, controls nearly all aspects of the employer-employee relationship for covered hospitality organizations, it does much more and has the potential to bind nonsignatory parties to the potentially onerous labor costs required by the agreement, says Rachel Tischler of Sheppard Mullin Richter & Hampton LLP.

  • Why An Underfunded Spinoff Is A Bad Idea

    Patrick J. Nash Jr.

    Spinoffs have become a popular way for corporations to unlock shareholder value by, among other things, allowing the parent and the subsidiary to raise capital separately and more effectively, and identifying and addressing burdensome liabilities. However, as a recent case out of the Southern District of New York illustrates, an underfunded spinoff may be economically unwound in bankruptcy, say attorneys with Kirkland & Ellis LLP.