New York

  • September 9, 2014

    Steakhouse Wants Yelp To Cough Up Name Of Spitting Waiter

    The owner of a Manhattan steakhouse asked a New York state judge on Monday to order Yelp Inc. to disclose the identity of a supposed employee who allegedly posted a review saying managers encourage employees to spit in the food, claiming Yelp has failed to voluntarily provide the information.

  • September 8, 2014

    Aramid Says Bergstein Bankruptcy Trustee Could Sink Deal

    Bankrupt Aramid Entertainment Fund Ltd. urged a New York bankruptcy court on Monday to block the trustee for the estates of five of film investor David Bergstein's companies from trying to regain control over litigation an Aramid affiliate is pursuing, saying such a move would endanger its proposed deal with Bergstein and others.

  • September 8, 2014

    Forest City Blames Skanska Exec For Brooklyn Project Delay

    A unit of developer Forest City Ratner Cos. sued Skanska AB on Friday in an ongoing dispute over a deal to develop a residential building at Brooklyn's Pacific Park, claiming an executive at the construction giant had no contractual right to unilaterally pull workers off the job.

  • September 5, 2014

    Letterman Interns Join Slew Of Entertainment Wage Suits

    A former intern for The Late Show with David Letterman says she wasn’t paid for the time she worked there and that the company illegally classified her as exempt from wage laws, according to a class action filed in New York state court on Thursday, joining a spate of other interns who say their entertainment industry employers used them for cheap labor.

  • September 5, 2014

    AIG Unit, Coventry Trade Suits Over Life Insurance Deals

    American International Group Inc.’s Lavastone Capital LLC and Coventry First LLC hit each other with dueling lawsuits on Friday, each alleging breaches of their long-running agreements for Coventry to buy life insurance policies to sell to Lavastone, according to documents filed in New York federal and state courts.

  • September 5, 2014

    Class Accuses IOD, Hospital Of Overcharging For Records

    Medical records company IOD Inc. and South Nassau Communities Hospital have been hit with a proposed class action in New York federal court filed on behalf of patients who say they were overcharged for copies of their medical records.

  • September 4, 2014

    Getty Says Microsoft’s Bing Image Tool Ignores Copyright

    Getty Images Inc. on Thursday accused a new Microsoft Corp. tool that allows websites to display images based on custom search results of infringing Getty’s copyrights by including protected Getty images without permission, prompting a suit in New York federal court.

  • September 3, 2014

    Oscar De La Renta Latest To Face Wage Action From Interns

    Oscar de la Renta LLC on Wednesday became the latest fashion label to be hit with a proposed class action in New York by unpaid interns who claim the company wrongly classified them as exempt from receiving minimum wage payments.

  • September 3, 2014

    Caesars Accused Of Playing Favorites In $155M Deal

    Caesars Entertainment Corp. and its affiliate were hit Wednesday with a lawsuit in New York federal court by several investor funds accusing the casino giant of striking a $155 million backroom deal that favored certain noteholders while violating existing agreements with others to garner support for its looming restructuring.

  • September 2, 2014

    Skanska, Forest City Trade Suits Over Brooklyn Modular Site

    Forest City Ratner Cos. LLC, the initial developer of Brooklyn’s $4.9 billion Atlantic Yards, and global construction firm Skanska USA Building Inc. traded lawsuits in New York court Tuesday, a week after Skanska halted work on a modular residential building due to a dispute with the developer.

  • September 2, 2014

    NY Accuses Evans Bank Of Racial Bias In Mortgage Loans

    New York's attorney general on Tuesday hit Evans Bancorp Inc. with a lawsuit in federal court alleging the regional bank engaged in unlawful discrimination by “redlining,” or systematically denying access to mortgage loans, in Buffalo's African-American neighborhoods.

  • August 29, 2014

    GFI Shareholder Suit Says CME Takeover Undervalues Co.

    Brokerage and trade services provider GFI Group Inc. and futures exchange operator CME Group Inc. were hit with a proposed shareholder class action in a New York court Friday to block CME’s $580 million takeover of GFI, alleging the deal undervalues the company.

  • August 29, 2014

    PE Fund Slams Removal Bid By Limited Partners In Fee Row

    Real estate secondary investing private equity fund Liquid Realty Partners has sued a group of its limited partners, saying that efforts by investors to remove it from its role as general partner to a set of funds is nothing more than an unjust effort to avoid paying $26.5 million in service fees.

  • August 27, 2014

    Investor Says Santander Unit Put Out False IPO Info

    A Santander auto lending subsidiary was hit with a class action Tuesday alleging it violated securities law by providing false information regarding a January initial public offering, seven months before shares slid after news the federal government was investigating its underwriting of subprime loans.

  • August 25, 2014

    Insurer Stiffed Lukoil On $5M D&O Policy, Suit Says

    Russian oil giant OAO Lukoil sued Allied World Assurance Co. U.S. Inc. in New York court on Monday, alleging the insurer had failed to honor a $5 million excess policy in connection with two separate lawsuits against Lukoil officials that have cost the company upwards of $126 million.

  • August 25, 2014

    Insurance Broker Says 3 Former Execs Stole Trade Secrets

    Insurance brokerage Arthur J. Gallagher & Co. sued three former marine insurance executives in New York federal court Monday, claiming the trio plotted to steal proprietary information and lure lucrative clients to rival brokerage Howden Insurance Services Inc.

  • August 25, 2014

    Photogs Hit John Wiley With 5 New Textbook Copyright Suits

    National Geographic photographer Louis Psihoyos and others have launched a fresh round of copyright suits against John Wiley & Sons Inc., accusing the textbook publisher of continuing a “deplorable history of infringing the copyrights of third-party photographers."

  • August 25, 2014

    NY Popeye's Restaurant Shorted Workers On OT, Suit Says

    Smart Chicken Corp., part of the national Popeye’s fried chicken franchise, was hit with a putative class action in New York federal court Sunday by current and former employees alleging the company failed to pay overtime wages in violation of federal and state labor laws.

  • August 22, 2014

    Bristol-Myers, Otsuka Hit With Failure-To-Warn Suit For Abilify

    A New York user of the antipsychotic Abilify accused Bristol-Myers Squibb Co. and Otsuka American Pharmaceutical Inc. in New York court of failing to warn doctors that the drug makes children nearly 10 times more likely to develop adult-onset diabetes.

  • August 22, 2014

    'Dating Naked' Contestant Says Viacom Showed Her Naked

    A contestant on the VH1 reality show “Dating Naked” has hit Viacom International Inc. with a $10 million breach of contract suit, claiming the show broadcast her uncensored pubic area despite repeated promises to blur out her genitals. 

Expert Analysis

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • More State Courts Upholding Forum Selection Bylaws

    Melissa L. Nunez

    The recent case of Groen v. Safeway represents a clear move by California to join the growing list of states going on record to endorse the enforceability of forum selection provisions in corporate bylaws, say Robert Friedel and Melissa Nunez of Pepper Hamilton LLP.

  • MF Global Highlights D&O Insurance Issues In Bankruptcy

    Kevin M. LaCroix

    It would be helpful if bankruptcy courts were to conclude that there is no basis for the courts to oversee the process of payment of individual insureds’ defense fees — as Southern District of New York Bankruptcy Judge Martin Glenn did in the case of MF Global, says Kevin LaCroix of RT ProExec.

  • Not So Duty Free: Importing And Exporting Fashion Products

    With Fashion Week in full swing in New York, now is a good time to consider the hottest issues in fashion product imports and exports. In this short video from Arent Fox LLP, partner Anthony Lupo talks with international trade counsel David Salkeld about customs valuations, trade agreements and rules of origin for textile and apparel goods.

  • 2nd Circ. Ruling May Spark More Lanham Act Cases

    Harold P. Weinberger

    The Second Circuit's decision in Merck Eprova AG v. Gnosis SPA may ease some plaintiffs’ evidentiary burdens with respect to proving liability and recovering damages and auger an increase in Lanham Act false advertising suits, say attorneys at Kramer Levin Naftalis & Frankel LLP.

  • Feds Pose Privacy Risk By Grabbing Overseas ISP Emails

    Jan. P. Levine

    Left unchanged, U.S. District Judge Loretta A. Preska's ruling over the enforcement of a warrant involving private emails held by Microsoft Corp. in an overseas data center creates significant risks for companies subject to U.S. jurisdiction by weakening their ability to protect customer information, say Jan Levine and William Taylor of Pepper Hamilton LLP.

  • Job Applications Can Cut Short Protracted Litigation

    Keith J. Rosenblatt

    With the decision in Rodriguez v. Raymours Furniture Company Inc., New Jersey’s judiciary joined federal or state courts in several other states that have permitted parties to the employment relationship to “agree” upon shorter limitations periods for employment-related claims. Employers following this approach should consider five guidelines, say Keith Rosenblatt and Rachel Seaton of Littler Mendelson PC.

  • The Impact Of Judge Rakoff’s Settlement Odyssey

    C. Evan Stewart

    Judge Jed Rakoff’s rejection of Citigroup’s settlement with the U.S. Securities and Exchange Commission emboldened a number of other Article III judges to take on a more active oversight role in evaluating SEC settlements. Notwithstanding Judge Rakoff’s “sour grapes,” the Second Circuit’s “rebuke” earlier this year does not vitiate that oversight role, says C. Evan Stewart of Cohen & Gresser LLP.

  • An Important Case For Liquidating Trustees

    Lawrence J. Kotler

    The Second Circuit’s decision in United States of America v. Edward P. Bond could have far-reaching effects on how liquidating Chapter 11 cases will be handled in the future — and the court’s strict construction of Bankruptcy Code Section 505(a) should serve as a blueprint for handling tax refund claims, say Lawrence Kotler and William Heuer of Duane Morris LLP.

  • Lawsuits Reveal Risks Lurking Below Surface Of Dark Pools

    David W. Beehler

    By shining a critical light on high-frequency trading within dark pools, pending dark-pool lawsuits may very well evolve into a larger fight against such trading — a fight that could lead to broad market reform, say David Beehler and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.