New York

  • September 16, 2015

    FTI Consulting Says Ex-Worker, E&Y On 'Full-Scale Raid'

    FTI Consulting Inc. slapped Ernst & Young LLP and a former FTI employee who allegedly breached a noncompete pact with a lawsuit in New York on Wednesday, accusing the worker and Ernst & Young of seeking to plunder FTI's health solutions practice with a "full-scale raid." 

  • September 15, 2015

    Ex-GC Hits Armani With $75M Bias Suit During Fashion Week

    Giorgio Armani Corp. was slammed with a $75 million suit in the midst of New York Fashion Week by its former general counsel, who alleged in a Tuesday New York state court filing that he was discriminated against and fired for being Mexican and diagnosed with cancer.

  • September 14, 2015

    Seneca Must Arbitrate Tribal Land Pipeline Row, Suit Says

    National Fuel Gas Co. has asked a New York federal court to block the Seneca Nation of Indians' attempts to nationalize gas pipelines in tribal lands, saying in a new suit that the tribe should be compelled to arbitrate under an existing settlement.

  • September 11, 2015

    Pension Fund Files Antitrust Action Against Big Banks

    The City of Atlanta Firefighters’ Pension Fund on Friday filed a putative antitrust class action in New York federal court against a group of the largest dealer banks in the world, alleging collusive manipulation of the market for U.S. Treasury bills, notes, bonds and derivative financial products.

  • September 11, 2015

    Uber Faces Claims It Stiffed Its NY Drivers Out Of Tips

    Uber Technologies Inc. faces a new claim that it illegally pockets tips, this time by two New York drivers who seek to represent a putative class of workers who allegedly never saw a dime from the 20 percent gratuity fee the company charges customers.

  • September 11, 2015

    Whole Foods Wines Dilute Home Video Mark, Publisher Says

    Whole Foods Market Inc. and one of its alcohol suppliers were hit with a trademark dilution lawsuit Thursday in New York federal court from video publisher The Criterion Collection, which claims its name was inappropriately used for a series of wines sold at the grocery store chain.

  • September 10, 2015

    FICO Hits EBay With $45M Suit Over Soured Alliance

    Consumer credit rating giant Fair Isaac Corp. smacked eBay Enterprise Inc. with a lawsuit in New York court Tuesday, seeking $45 million for the online auction giant's “intentional and willful” breaches of strategic partnership contracts.

  • September 9, 2015

    SEC Sends Warning To Gatekeepers With BDO Audit Case

    While the U.S. Securities and Exchange Commission filed a stunner of a lawsuit Wednesday accusing a former U.S. attorney of fraudulently misleading a well-respected auditing firm, the enforcement action also signaled the agency’s return to a bread-and-butter theme: Auditors are gatekeepers who cannot let their vigilance down for even a second.

  • September 9, 2015

    SEC Accuses Ex-US Attorney Of Fraud In Botched BDO Audits

    The U.S. Securities and Exchange Commission on Wednesday sued former U.S. Attorney Stephen B. Pence over his work as the former chairman of General Employment Enterprises Inc., as the regulator announced a wide-ranging settlement with national audit firm BDO USA and five of its partners over their work in allegedly deficient audits.

  • September 8, 2015

    SEC Fines Bankrate $15M, Sues Execs For Accounting Fraud

    The U.S. Securities and Exchange Commission said Monday it has fined Bankrate Inc. $15 million to settle accounting fraud charges, and that it is suing two former executives over an alleged scheme to puff up quarterly earnings for the personal finance information company.

  • September 4, 2015

    Och-Ziff Brass Hit With Derivative Suit Over FCPA Probes

    A shareholder has slapped Och-Ziff Capital Management Group LLC directors with a derivative complaint in New York County court, claiming they allowed the hedge fund manager to violate the Foreign Corrupt Practices Act in Africa and hid the misbehavior from investors despite federal investigations.

  • September 1, 2015

    Maserati Dealer Says He Was Pawn In Sales Scheme

    Maserati North America Inc. has been hit with a lawsuit in New York federal court by a franchisee accusing the company of manipulating dealers with unfair and illegal sales practices in order to increase profitability in the run up to a planned initial public offering by its parent company Fiat Chrysler Automobiles NV.

  • September 1, 2015

    ABC's Dan Abrams Sues Weil Partner Over Condo Dispute

    ABC News legal affairs anchor Dan Abrams filed a $2 million lawsuit against his neighbor, Weil Gotshal & Manges LLP partner Adam Hemlock, in New York state court Monday over a protracted and heated condominium association dispute, which prompted Abrams to launch a state bar complaint against Hemlock last year.

  • September 1, 2015

    MaxPoint Sued Over Post-IPO Stock Woes

    Venture capital-backed advertising tech company MaxPoint Interactive Inc. omitted financial information before its initial public offering, which raised $75 million before the stock price plunged, according to a putative shareholder class action filed in New York federal court Monday.

  • August 27, 2015

    Morgan Stanley Hit With $20M Retaliatory-Firing Suit

    Morgan Stanley was sued for $20 million on Thursday by two former brokers who say they were fired in retaliation for bringing up fraud and illegal activity at the megabank.

  • August 27, 2015

    Ex-Bryan Cave Atty Wants Firm To Cover $2.5M Fraud Defense

    Bryan Cave LLP doesn’t carry professional malpractice insurance for its individual attorneys, a former employee said in a New York state court suit Wednesday, demanding at least $2.5 million for his criminal defense of charges related to an alleged scheme to buy Maxim magazine.

  • August 24, 2015

    Morgan Stanley Hit With $20M Whistleblower Fraud Suit

    Morgan Stanley was hit with a $20 million suit Monday in New York federal court by two whistleblowers who claim they were fired after complaining about unlicensed assistants and interns making batch trades in client accounts.

  • August 20, 2015

    Pryor Cashman Hit With $37M Malpractice Suit Over Bank Deal

    A company previously controlled by real estate investor David Lichtenstein hit its former counsel Pryor Cashman LLP with a $37 million malpractice suit in New York state court on Thursday, blaming the firm for a Second Circuit reversal of a $25 million judgment in a soured deal to acquire a distressed bank.

  • August 20, 2015

    FDIC Sues Citi, US Bank Over $695M Mortgage Security Loss

    The Federal Deposit Insurance Corp. on Wednesday sued Citibank NA and U.S. Bank NA alleging they failed in their roles as trustees for residential mortgage-backed securities held by a failed bank that contributed to a $695 million loss to the regulator’s insurance fund.

  • August 19, 2015

    Ex-Dunkin’ Donuts Worker Says Boss Harassed, Groped Her

    A former Dunkin’ Donuts employee smacked the food and coffee chain with a harassment lawsuit Tuesday in New York state court, alleging her direct supervisor repeatedly made comments regarding her sexual orientation, gender and race, inappropriately touched and physically abused her and that she was denied wages and medical benefits.    

Expert Analysis

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • 2nd Circ. Shields Sovereign Immunity In Argentina Ruling

    Laurence Shore

    The Second Circuit recently ruled in favor of Argentina’s central bank in one of the many proceedings initiated by unpaid bondholders, reinforcing the statutory presumption in favor of states’ instrumentalities sovereign immunity and setting a very high threshold for rebutting it, say Laurence Shore and Daniela Paez of Herbert Smith Freehills LLP.

  • 2nd Circ. Spells Out Standards In Discrimination Cases

    Kyle D. Winnick

    While the Second Circuit has made clear that Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal apply to employment discrimination complaints, it has modified their "plausible" standard to mean pleading a set of facts minimally supporting a claim of employment discrimination, says Kyle Winnick of Maduegbuna Cooper LLP.

  • Following The CFPB's Pursuit Of Pension Advance Loans

    Cynthia J. Borrelli

    The Consumer Financial Protection Bureau's lawsuit against Pension Funding LLC over alleged predatory lending practices was filed just five months after the CFPB warned that pension advance loans could be the new payday loans, thereby creating further financial disaster for those consumers already struggling to meet their financial obligations, says Cynthia Borrelli of Bressler Amery & Ross PC.

  • Did The NLRB Just Hand NLRA Successorship To States?

    Ronald J. Kramer

    Though the GVS Properties ruling did not receive the press coverage of the National Labor Relations Board's Browning-Ferris decision, it should have. Effectively, the NLRB has delegated to states and local governments the ability, by statute, to force purchasers to recognize unions and be subject to collective bargaining under the National Labor Relations Act, says Ronald Kramer of Seyfarth Shaw LLP.

  • Be Cautious When Using Design-Build Agreements For P3s

    Brian G. Lustbader

    Design-build mechanisms are meant to be a more surefire way of ensuring that projects are built within budget and on time. But, as evidenced by New York's Tappan Zee Bridge Project, the use of design-build mechanisms in public-private partnerships can sometimes prove to be more a problem than a panacea, says Brian Lustbader at Schiff Hardin LLP.

  • OPINION: 47 Million Clients, Every Lawyer's Dream

    Adam J. Halper Photo.jpg

    According to a 2014 ABA report, 40 percent of law graduates didn’t have full-time, long-term legal jobs 10 months after graduation. That’s a lot of underemployed, educated young people. With such dismal employment numbers for recent graduates, it’s tempting to think we need fewer lawyers. It turns out the opposite is true, say Adam Halper and Caroline Bersak of The Family Center.

  • 2nd Circ. Shows Difficulties Robinson-Patman Claims Face

    C. Scott Lent

    The Second Circuit's affirmation of a grant of summary judgment in Cash & Henderson Drugs v. Johnson & Johnson shows the difficult burdens that Robinson-Patman Act plaintiffs often face in litigating their claims and it reaffirms that, even when price discrimination occurs, a plaintiff must prove that it suffered harm from the discrimination, say C. Scott Lent and John Rackson of Arnold & Porter LLP.

  • Religious Adjudication Of Disputes During Bankruptcy

    Doron Kenter

    The U.S. Bankruptcy Court for the Southern District of New York was recently asked to enforce the automatic stay to enjoin litigants from proceeding with an action against a Chapter 11 debtor’s principals in Jewish religious court. Judge Robert Drain’s decision in the case sets important precedent for any future attempts to circumvent the inherent protections of the Bankruptcy Code by proceeding in a religious forum, says Doron Ken... (continued)

  • SOX Whistleblower Protections Are Not Obsolete

    Jason Zuckerman

    Despite the Second Circuit's ruling in Berman v. Neo@Ogilvy LLC, Sarbanes-Oxley remains a robust remedy for whistleblowers who have suffered retaliation. Rather than waiving the important remedies SOX offers, a corporate whistleblower should first file a SOX claim and then, as appropriate, remove it to federal court and add a claim under Dodd-Frank, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.