New York

  • September 23, 2014

    MLB Hit With Class Action By Unpaid All-Star Volunteers

    Major League Baseball was hit Monday in New York state court with a putative class action alleging the league violated state wage laws by failing to pay volunteers who staffed the fan festival surrounding the 2013 all-star game.

  • September 23, 2014

    Bakrie Skipping Payments On $380M In Bonds, Investors Say

    Indonesian mobile phone company PT Bakrie Telecom TBK and several of its affiliates were slapped with a breach of contract lawsuit in New York state court Monday by investors who claim the company has failed to make interest payments on $380 million in bonds.

  • September 23, 2014

    Davidoff Hutcher Says Fired Lawyer Overbilled Client $2M

    Davidoff Hutcher & Citron LLP on Tuesday sued fired partner and Long Island local lawmaker David Denenberg in New York City court, accusing the rising politician of a "truly heinous" criminal overbilling scheme that netted some $2 million over eight years.

  • September 22, 2014

    Amtrak Wants $500M From Insurers For Sandy Coverage

    Amtrak has filed suit against a number of insurers in New York federal court to recoup the total $504 million in losses the rail giant claims to have suffered from Superstorm Sandy, telling the court it has only received $30 million in compensation from the insurers thus far.

  • September 19, 2014

    American Airlines Blames Port Authority For Damaged Hangar

    American Airlines Inc. on Thursday slapped the Port Authority of New York and New Jersey with a breach-of-contract suit in New Jersey federal court, claiming the authority’s negligence in maintaining fire suppression systems at LaGuardia Airport resulted in flooding damage to an American Airlines hangar.

  • September 19, 2014

    Nomura Sued Again Over Accusations Of Shabby MBS

    Nomura Credit & Capital Inc. has been hit with a fifth New York state court suit over its sale of mortgage-backed securities to a trust purpose built for Nomura MBS and trusteed by HSBC Bank USA NA, this time over more than $613 million worth of loans the plaintiffs say were materially misrepresented.

  • September 18, 2014

    LodgeNet Creditors Sue To Block 'Brazen' Restructuring Plan

    Creditors of the reorganized hotel media provider formerly called LodgeNet Interactive Corp. sued Wednesday to block a “radical and brazen” restructuring plan crafted by fellow creditor Mast Capital Management LLC, saying it subordinates their debt in violation of LodgeNet’s Chapter 11 plan.

  • September 18, 2014

    Apple's FaceTime Infringes Encryption Patent, Suit Says

    Apple Inc. was slapped with a patent infringement suit on Thursday in New York federal court, alleging that its FaceTime video calling service uses technology that flouts a digital encryption patent.

  • September 18, 2014

    Pie Maker Seeks Dough With Antitrust Class Action

    Pie company Savory Pie Guy LLC slapped dough equipment company Comtec Industries Ltd. with an antitrust class action in New York federal court on Wednesday, claiming Comtec prevents its customers from buying products from its rivals in order to maintain a monopoly.

  • September 18, 2014

    Insurer Sues Anheuser-Busch Over $12M Frozen Beer Claim

    AGCS Marine Insurance Co. has sued Anheuser-Busch InBev SA/NV in New York federal court seeking a declaration that it shouldn’t have to cover the brewer for $11.7 million in losses and fees for beer allegedly frozen in transit last winter, saying the company failed to properly store the beer.

  • September 17, 2014

    Morgans Says Developer Breached NYC Boutique Hotel Deal

    New York boutique hotelier Morgans Hotel Group Management LLC hit meatpacking district developer LM Legacy Group LLC with a lawsuit in a New York state court alleging that the developer failed to build a hotel that was to be operated by Morgans under a 2008 agreement.

  • September 17, 2014

    HFT Co. Latour Fined $16M For Mismanaging Capital Buffer

    The SEC registered a landmark $16 million fine Wednesday against high-frequency trading giant Latour Trading LLC for failures connected to its capital cushion, which the agency says Latour repeatedly miscalculated by as much as $37 million for two years — a mistake facilitated by high volume, according to a top official.

  • September 16, 2014

    NY Antitrust Suit Tests Key Tactic Of Brand-Name Drugmakers

    New York’s lawsuit this week accusing Actavis PLC and Forest Laboratories LLC of discontinuing a popular dementia drug’s original version in order to switch patients to a newer version with extended patent protection will be a major test of whether that strategy of "product hopping” is anti-competitive, attorneys say.

  • September 16, 2014

    Web Retailer Zazzle Latest To Be Sued Over 9/11 Photo

    The New Jersey newspaper publisher that owns the famous — and copyrighted — photo of firemen raising an American flag on 9/11 lodged another lawsuit Monday, this time against custom merchandise retailer Zazzle.com.

  • September 16, 2014

    Siga Files Ch. 11 After Losing Rival's Botched-Merger Suit

    Defense contractor Siga Technologies Inc. filed for bankruptcy in New York court Tuesday, saying a potential $232 million judgment owed to rival PharmAthene Inc. stemming from a failed merger and subsequent licensing litigation would hamper its ability to manufacture smallpox drug Tecovirimat for the nation's stockpile.

  • September 15, 2014

    NY AG Attacks Actavis' Plan To Force New Drug On Patients

    The New York attorney general hit Actavis PLC with an antitrust suit in New York federal court Monday to stop the pharmaceutical company from halting sales of its widely used dementia drug Namenda and forcing patients to switch medications all in an effort to eliminate competition.

  • September 15, 2014

    AmEx Hit With Class Action Over Holiday Late Fees

    An American Express cardholder hit a unit of the credit card company with a proposed class action in New York federal court, alleging it violated the Truth in Lending Act by charging customers late fees on credit card payments due on holidays and other days it did not receive mail.

  • September 11, 2014

    NYC DA Indicts 8 In $290 Million Stock Pump & Dump Scheme

    New York prosecutors on Thursday indicted eight people on charges of defrauding investors of $290 million through a pump-and-dump stock manipulation scheme designed to drive up the price of penny stocks through a false and misleading ad campaign.

  • September 11, 2014

    Bareburger, Franchisees Hit With 2nd Suit Over Unpaid OT

    Environmentally friendly restaurant chain Bareburger Inc. hasn’t ensured that its franchisees have paid its employees sufficient minimum wages and overtime pay, a former food preparer and delivery worker has claimed in a proposed collective action filed in New York federal court.

  • September 10, 2014

    Mets Owner Told Pregnant Exec To Get Married, Suit Says

    A former New York Mets executive accused the team and co-owner Jeffrey Wilpon of humiliating her for being pregnant and unmarried, alleging in a federal suit filed Wednesday they fired her in retaliation for her sexual discrimination complaints.

Expert Analysis

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • Ex-Duane Reade CEO Case A Model For VWPA Restitution

    Lewis J. Liman

    The loss of a top officer to a criminal investigation is not unheard of, particularly in a change-of-control transaction. The Second Circuit’s ruling in a case involving a former Duane Reade Inc. CEO's securities fraud conviction establishes rules for companies to recover costs of investigation as restitution under the Victim and Witness Protection Act, say Lewis Liman and Breon Peace of Cleary Gottlieb Steen & Hamilton LLP.

  • Adopting Contractor-Friendly No-Damage-For-Delay Clauses

    Adam J. Paterno

    Moving away from a stringent no-damage-for-delay provision — as the city of New York and its various agencies are now doing — may make owners more inclined to respond to cost confirmations and agree to the contractor’s figures. That's one less obstacle on the path to a smoother confirmation process, say Adam Paterno of Holland & Knight LLP and Carl Oliveri of Grassi & Co.

  • IndyMac Reversal Will Significantly Impact '33 Act Cases

    Kevin M. LaCroix

    The U.S. Supreme Court’s decision to dismiss the writ of certiorari in a case involving the failed IndyMac bank means that the Second Circuit’s ruling that the filing of a class action does not toll the 1933 Securities Act’s statute of repose will remain operative with respect to a very large number of cases, says Kevin LaCroix of RT ProExec.

  • NYC Council Looks To Restrict Pre-Employment Inquiries

    Mark S. Goldstein

    Although the New York City Council is not the first to propose a law limiting employers' use of credit histories during the hiring process, the Stop Credit Discrimination in Employment Act appears to be the most restrictive, says Mark Goldstein of Reed Smith LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Are NY Practitioners, Pharmacies Ready For E-Prescribing?

    Brooke A. Lane

    New York health practitioners will be required to issue all prescriptions — including prescriptions for controlled substances — in electronic format by 2015, and it is unclear under what circumstances the New York State Department of Health will grant a waiver, say Laurie Cohen and Brooke Lane of Nixon Peabody LLP.

  • Should FIRREA Whistleblower Bounties Be Higher?

    Andrew W. Schilling

    The Financial Institutions Reform, Recovery, and Enforcement Act’s whistleblower bounties at False Claims Act levels could lead to absurdly high and wastefully excessive awards. At the same time, U.S. Attorney General Eric Holder may be right when he suggests that awards capped below annual bonuses may not be enough to encourage confidential reporting by well-placed Wall Street insiders, says Andrew Schilling of BuckleySandler LLP.

  • Riley Cellphone Search Rule Is Slowly Sweeping The Nation

    Carrie Sarhangi

    Commentators opined that the U.S. Supreme Court's landmark Riley v. California opinion would clear up the murky waters created by courts less decisive or intrepid, and, just three months later, the patience of our nation’s courts in tolerating warrantless cellphone searches has already waned, says Carrie Sarhangi of Montgomery McCracken Walker & Rhoads LLP.

  • Bonus Dispute Makes DOL Seem Like 'Department Of Languor'

    Allen S. Kinzer

    A federal court split has emerged over the same bonus compensation plan for RadioShack Corp.'s nonexempt store managers due to the U.S. Department of Labor's lack of definitive guidance on the Fair Labor Standards Act's fluctuating workweek method, says Allen Kinzer of Vorys Sater Seymour and Pease LLP.