New York

  • September 6, 2016

    Seneca Member Says Taxed Revenue Protected By Treaty

    A member of the Seneca Nation of Indians is trying to claw back thousands of dollars in revenue she says the Internal Revenue Service improperly charged in taxes and penalties from treaty-protected tribal land, according to a brief filed Tuesday in New York federal court.

  • August 31, 2016

    NY County Sues Drug Cos. Over Opioid Marketing

    New York’s Suffolk County on Wednesday became the latest in a line of municipalities to sue Purdue Pharma LP, Teva Pharmaceuticals USA Inc. and other drugmakers over their allegedly deceptive marketing of opioids, contending in a state court complaint that the companies reaped huge profits by downplaying the painkillers’ potential for addiction.

  • August 31, 2016

    NY AG Sued For Docs On Climate Probe Coordination

    A free-market advocacy group hit the New York Attorney General’s Office with a lawsuit Wednesday, looking to make the office cough up any common interest agreements it may have signed with other states or parties in the pursuit of investigations into oil companies' allegedly misleading statements about climate change.

  • August 31, 2016

    $1B Suit Says Hitachi Stole Trade Secrets For Fukushima Work

    Purolite Corp. on Wednesday hit Hitachi America Ltd. and another firm with a $1 billion suit in New York federal court, accusing them of conspiring to steal Purolite's water treatment trade secrets in order to secure contracts for radioactive water decontamination at the tsunami-ravaged Fukushima Daiichi nuclear plant in Japan.

  • August 31, 2016

    Chadbourne Partner Hits Firm With $100M Gender Bias Action

    A media and consumer protection partner hit Chadbourne & Parke LLP Wednesday with a $100 million proposed class action lawsuit in New York on behalf of all female partners at the law firm, alleging the firm's male-centric culture results in gender disparity in pay and bonuses.

  • August 30, 2016

    Organic Food Co. Sues Chia Seed Suppliers Over Salmonella

    California-based Navitas LLC filed suit in New York federal court Monday alleging several companies sold it chia seed products that it repackaged and sold under its name, only to find out that they were contaminated with salmonella.

  • August 25, 2016

    Kay Parent Co. Faces Investor Suit Over Jewel Swap Scheme

    Signet Jewelers Ltd. shareholders lodged a proposed class action in New York federal court Thursday accusing the parent company of Kay Jewelers of failing to disclose that some customers who brought in rings for repair were victims of “diamond swapping” by rogue employees.

  • August 25, 2016

    Effort To Shrink Immigration Block Faces Steep Battle

    A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road ahead since federal judges don’t often buck each other’s injunctions.

  • August 25, 2016

    Dechert Sued Over Payment From Unauthorized Apt. Sale

    A couple who loaned a hedge fund $5 million for two real estate deals sued Dechert LLP in New York state court on Wednesday, seeking to recover a $500,000 retainer that the fund paid to the firm from the proceeds of an unauthorized penthouse apartment sale purchased with the couple’s money.

  • August 23, 2016

    Gillette Says Schick-Maker Stole Razor IP, Lied In Ads

    Mach3 razor-maker Gillette Co. sued Schick-maker Edgewell Personal Care Co. in New York federal court on Tuesday, alleging that Edgewell infringed patents protecting Gillette’s $5 billion Mach3 razor empire, releasing rival blades that fit the Mach3’s proprietary handle and lying in ads about the effectiveness of the replacement blades.

  • August 23, 2016

    Ex-Fox Host Says Harassment Complaints Led To Retaliation

    Former Fox News host Andrea Tantaros on Monday leveled a litany of sexual harassment and retaliation claims in New York against the network and its brass, including recently ousted CEO Roger Ailes and his replacement, saying she was forced off the air after complaining about constant mistreatment.

  • August 19, 2016

    CFTC Sues Forex Capital Markets Over Past Capital Shortage

    The U.S. Commodity Futures Trading Commission on Thursday sued Forex Capital Markets LLC in New York federal court, saying the futures commission merchant and retail foreign exchange dealer last year missed its capital requirements by $200 million and failed to promptly report it to the regulator.

  • August 19, 2016

    Showtime Hits Charter With Post-Merger Fee Suit

    Showtime Networks Inc. filed a complaint against Charter Communications Inc. in a New York state court, accusing the cable giant of exploiting its acquisition of Time Warner Cable LLC to underpay Showtime on licensing fees by millions of dollars.

  • August 19, 2016

    Guard Says The Met Framed Him For Marking Statues

    New York’s Metropolitan Museum of Art framed and fired a security guard for writing on statues with a marker, despite overwhelming evidence to the contrary, the former guard is charging in an unlawful discrimination suit filed in New York state court.

  • August 18, 2016

    Ex-Jefferies Banker Files Gender, Pregnancy Bias Suit

    A former investment banker for Jefferies Group LLC lodged a gender and pregnancy discrimination suit in New York federal court Wednesday, alleging that her supervisor suggested she take on a “less demanding” role in human resources after she told him she was pregnant.

  • August 18, 2016

    Marky Mark's NY Burger Joint Accused Of Funky Pay

    Actor Mark Wahlberg and his brothers' burger chain was hit with a putative class action Thursday over a Wahlburgers restaurant in New York that allegedly stiffed employees on wages, skimmed tips and engaged in other questionable pay practices.

  • August 18, 2016

    Investors Sue Big Banks For Manipulating Aussie Benchmark

    Investors have filed a lawsuit in a New York federal court accusing JPMorgan Chase, Citbank, UBS and other big banks and brokers of generating hundreds of millions in profits by colluding to artificially fix the price of derivatives based on the bank bill swap reference rate, an Australian benchmark.

  • August 16, 2016

    Gabonese Man Facilitated Fund's Bribery Scheme, US Says

    The government has charged a Gabonese consultant for a joint venture involving a U.S. hedge fund in New York federal court with paying bribes including cash, shopping excursions and private jet use to foreign officials to obtain lucrative mineral mining rights in Africa.

  • August 16, 2016

    Columbia Faces $100M Suit Over Retirement Plan Losses

    Columbia University on Tuesday was hit with a proposed class action in New York federal court accusing the Ivy League school of causing retirement plan participants to suffer hundreds of millions of dollars in losses, just days after seven other prominent schools were similarly sued.

  • August 15, 2016

    Bristol-Meyers, Pfizer Hid Eliquis Risks, $10M Suit Alleges

    Bristol-Myers Squibb and Pfizer Inc. have failed to disclose that their blockbuster blood thinner Eliquis has been linked to life-threatening conditions, including excessive bleeding, in a disregard for patient safety, according to a $10 million suit filed Friday in New York state court. 

Expert Analysis

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • OPINION: Trump Wrong But Stop-And-Frisk Still Constitutional

    Katherine A. Macfarlane

    Republican presidential candidate Donald Trump said he would reduce crime in black communities by implementing stop-and-frisk practices nationwide, claiming that they worked “incredibly well” in New York. It's almost too easy to point out why he is wrong, but criticism that stop-and-frisk is unconstitutional misses its mark. The practice was legitimized 50 years ago by the U.S. Supreme Court, says Katherine Macfarlane, a professor ... (continued)

  • SDNY's 1st Post-Newman Insider Trading Conviction

    Alexis Yee-Garcia

    Because of Newman, prosecutors in the Southern District of New York are required to show that a tipper of inside information received a personal benefit “that is objective, consequential, and represents at least a potential gain of a pecuniary or similarly valuable nature” to trigger liability. The Sean Stewart case now helps define that standard, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • New York Sets Uncomfortable Cybersecurity Precedent

    Brian E. Finch

    New York's recently proposed cybersecurity regulations for financial institutions are very broad and expose senior officers and board members to all manner of penalties. One can expect that other states will follow with similar regulations, says Brian Finch, co-chairman of Pillsbury Winthrop Shaw Pittman LLP's privacy practice.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • The Post-Daimler Split On In Personam Jurisdiction

    Albert Piccerilli

    Since the U.S. Supreme Court ruling in Daimler AG v. Bauman, lower courts have been grappling with the issue of whether a corporate defendant that is not incorporated under the laws of the forum state, and does not have its principal place of business there, may nevertheless be subject to the forum’s general in personam jurisdiction if it is registered to do business in the forum state. Members of Montgomery McCracken Walker & Rhoa... (continued)

  • Have Alien Tort Statute Claims Run Their Course?

    William E. Thomson

    In a decision having significant implications for application of the Alien Tort Statute, the U.S. Supreme Court denied certiorari in Ntsebeza v. Ford. The denial leaves in place a Second Circuit decision that reaffirmed the limited scope of actions under the statute, say attorneys at Gibson Dunn & Crutcher LLP.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.