New York

  • August 7, 2015

    NY Restaurant Tao Hit With Tip-Pooling Class Action

    Owners of Tao Uptown restaurant in Manhattan failed to pay minimum wages and required tipped employees to share their gratuities with nontipped employees, violating state and federal labor laws, according to a class action filed Thursday in New York federal court. 

  • August 7, 2015

    Cravath Ex-Staffer Takes 2nd Swing At Discrimination Claims

    A former Cravath Swaine & Moore LLP support staffer filed a complaint Thursday in New York state court, reasserting claims, which were tossed from New York federal court earlier this year, that her supervisors unlawfully targeted her because of her age, sex and national origin.

  • August 7, 2015

    Huggies Misleads Buyers With 'Natural' Labels, Suit Says

    Huggies maker Kimberly-Clark Corp. was hit with a proposed class action in New York federal court Thursday by two consumers accusing the company of making misleading statements about its “natural” products, which allegedly contain unnatural and harmful ingredients.

  • August 7, 2015

    Three Manhattan Strip Clubs Hit With FLSA Class Action

    A group of employees hit three Manhattan strip clubs with a putative class action in New York federal court on Thursday, claiming the club's employees were illegally paid on a daily fixed salary basis, depriving them of overtime and spread of hour wages.

  • August 6, 2015

    US Bank Sued Over MBS Trust Losses

    Investors who lost money in a mortgage-backed security trust sued US Bank NA in New York court Wednesday, alleging the trustee bank repeatedly failed to act in their best interests and to take timely legal action.

  • August 5, 2015

    24 Banks Facing Class Action Over Treasury Manipulation

    A Chicago resident who purchased U.S. Treasuries on Wednesday filed a putative class action against Citigroup Inc., Goldman Sachs Group Inc., JPMorgan Chase & Co. and several other major banks in New York federal court alleging manipulation of the Treasury market.

  • August 5, 2015

    Allstate Accuses Radiology Practices' Owners Of $2.5M Fraud

    The owners of two management companies allegedly illegally took $2.5 million from Allstate Corp. by controlling two radiology centers, despite not being physicians, the insurer said Wednesday in a Racketeer Influenced and Corrupt Organizations Act suit in New York federal court.

  • August 5, 2015

    Terrorism Victims Sue To Block Iran Nuclear Deal

    Nearly two dozen U.S. citizens who won more than $150 million in judgments against Iran for sponsoring terrorist attacks sued Wednesday to block the U.S. government from lifting sanctions that are part of the deal to freeze the Iranian nuclear program.

  • August 5, 2015

    On Deck Accused Of Misleading Investors In $230M IPO

    Investors in On Deck Capital Inc. hit the small-business lender with a proposed class action in New York federal court Tuesday, claiming the prospectus for the company’s $230 million initial public offering left out important information about the rate of default on its loans.

  • August 4, 2015

    Evanston Says It Needn't Cover Fat-Burning Supplement Suit

    Evanston Insurance Co. on Friday asked a New York federal court to declare that it has no duty to defend supplement maker Innovative Bio-Laboratories, alleging the company mischaracterized its role in the production and sale of a fat-burning supplement at the center of an underlying product liability suit in order to receive defense coverage.

  • July 31, 2015

    Simpson Thacher, JPMorgan Sued Over $1.5 Billion GM Loan

    JPMorgan Chase Bank NA and Simpson Thacher & Bartlett LLP have been slapped with a pair of suits by putative classes of more than 400 lenders in New York federal court, claiming they negligently authorized the termination of security interest in a $1.5 billion bankruptcy loan to General Motors LLC.

  • July 30, 2015

    AmEx Faces Investor Suit Over Loss Of Costco Partnership

    American Express Co. investors hit the credit card company with a proposed class action in New York federal court Thursday over its failure to renew a co-branding agreement with Costco Wholesale Corp., with a pension fund accusing the company of hiding the financial importance of the partnership.

  • July 30, 2015

    Adidas 'SpringBlade' Shoe Falls Apart, Class Action Alleges

    Adidas America Inc. was hit with a putative class action in New York federal court on Thursday alleging the athletic apparel giant's expensive SpringBlade running shoe's “cutting edge” sole is defectively designed, causing the shoes to fall apart.

  • July 30, 2015

    Relativity Media Files For Bankruptcy, Eyes Quick Sale

    Film and television production company Relativity Media LLC filed for bankruptcy protection Thursday in New York to restructure its debts, saying it has $45 million in financing set up and is looking to quickly sell some of its business units.

  • July 30, 2015

    Chrysler Capital Exploits Low-Income Customers, Suit Says

    The automotive finance arm of Santander Consumer USA Inc. was accused in a Wednesday putative class action of using local dealerships to skirt usury laws and exploit vulnerable, low-income consumers in New York by financing auto loans with abusively high interest rates.

  • July 29, 2015

    Investors Hit 24 Banks With Market Manipulation Class Action

    Nearly 25 financial institutions, including Barclays Capital Inc., Goldman Sachs & Co. and UBS Securities LLC were hit with a proposed class action by investors in New York federal court on Tuesday, a suit that claims they colluded to manipulate the U.S. Treasury securities market.

  • July 27, 2015

    Lehman Says Massachusetts Shorted It $10M In Swaps

    Lehman Brothers Holdings Inc. on Friday sued the Commonwealth of Massachusetts in New York bankruptcy court, alleging that the state owes the company $10.3 million more than it paid for six terminated interest rate swaps.

  • July 24, 2015

    Bristol-Meyers, Pfizer Sued Over Blood Thinner Death

    A woman who claims that her husband died of side effects from blood thinner Eliquis sued Pfizer Inc. and Bristol-Myers Squibb Co. in New York federal court on Friday, claiming that the pharmaceutical companies failed to warn of increased bleeding risk.

  • July 22, 2015

    Two REITs Hit With Investor Class Action Over Merger

    A group of stockholders on Wednesday hit two real estate investment trusts and their directors with a putative class action in New York Supreme Court, claiming the companies breached their fiduciary duties by agreeing to a merger that was unfair to the stockholders.

  • July 22, 2015

    Harbinger Takes 2nd Shot At $1.5B RICO Suit Against Dish

    Harbinger Capital Partners LLC took a second crack Tuesday at its $1.5 billion racketeering allegations against Dish Network Corp., bringing to New York federal court its suit accusing Dish of wresting away the hedge fund's control over LightSquared Inc. months after a Colorado judge dismissed nearly identical allegations.

Expert Analysis

  • The Confusion Over Leegin And Retail Price Restraints

    Leonard N. Budow

    The 2007 U.S. Supreme Court case Leegin Creative Leather Products Inc. v. PSKS Inc. was supposed to unloose vertical price restraints by allowing resale price maintenance agreements, but the anticipated uptick of RPMs in franchise and distribution agreements never actually happened, due to various misconceptions surrounding the decision, says Leonard Budow at Fox Rothschild LLP.

  • Deflategate, Reinsurance Disputes And Arbitrator Bias

    Jean Paul Jaillet

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriots quarterback Tom Brady during ongoing litigation over his Deflategate suspension are similar to common arguments made during reinsurance arbitration disputes, says J.P. Jaillet at Choate Hall & Stewart LLP.

  • A Likely Fatal Blow To Republicans' Pay-To-Play Challenge

    Raymond M. Sarola

    The D.C. Circuit’s opinion this week shooting down the New York and Tennessee Republican parties’ First Amendment challenge to the SEC’s pay-to-play rule contains strong and convincing language that the lawsuit is untimely. The opinion also suggested that the D.C. Circuit may not view the ultimate merits of the challenge favorably, says Raymond Sarola, associate at Cohen Milstein Sellers & Toll PLLC and a former policy adviser in t... (continued)

  • Insurance Filed Rate Defense Wins Over The 2nd Circuit

    Sandra D. Hauser

    The Second Circuit's noteworthy embrace of the filed rate doctrine in Rothstein v. Balboa Insurance Co. gives a strong boost to a doctrine that has come under scrutiny in the trial courts for some time, say attorneys at Dentons.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.

  • 2nd Circ. Ruling Should Concern NY Debt Collection Attys

    Alan S. Kaplinsky

    The Second Circuit's ruling in Eric M. Berman PC and Lacy Katzen LLP v. City of New York will only embolden state and federal agencies to aggressively regulate debt collection attorneys. Debt collection practitioners should consider the heightened regulatory climate when deciding whether to handle the pre-litigation activities of debt collectors and debt buyers, say attorneys at Ballard Spahr LLP.

  • 3 Funding Issues Real Estate Developers Should Be Watching

    Phillip S. Crain

    Real estate developers and investors in New York and elsewhere could face challenges posed by three big tax incentive and funding issues whose resolution could have an impact on current mechanisms used to facilitate deals, says Phillip Crain at Schiff Hardin LLP.

  • Microsoft Should Win Privacy Case, Then Congress Should Act

    Nathan Newman

    It is the better part of judicial restraint for courts to defer currently to local privacy rules in cases like the Microsoft Ireland one. Leave it to lawmakers to decide whether and where U.S. prosecutors should be able to reach such user data stored overseas, without unduly tying Congress’ hands with constitutionalized privacy rules that might or might not apply in all cases, says Nathan Newman, director of the nonprofit Data Justice.

  • Rift Among US Courts In Enforcing Int'l Arbitration Awards

    James Berger

    Recent decisions in New York and District of Columbia federal courts appear to illustrate a developing rift between the courts over the proper procedure to follow when asked to enforce an International Center for Settlement of Investment Disputes award, say James Berger and Charlene Sun at King & Spalding LLP.

  • OPINION: Who's The Real Cheater In Deflategate?

    Robert Blecker

    The National Football League, especially the commissioner, aided and abetted by its “independent” law firm Paul Weiss Rifkind Wharton & Garrison LLP and “scientific consultant” Exponent from the very start of Deflategate have distorted the truth and defamed Tom Brady — an innocent man, says Robert Blecker, a criminal law professor at New York Law School.