New York

  • July 11, 2014

    Lions Gate Sued Amid $7.5M SEC Fine In Icahn Takeover Bid

    Lions Gate Entertainment Corp. investors slammed the studio with a securities class action in New York federal court Friday, claiming the value of their stock dropped after the U.S. Securities and Exchange Commission assessed a $7.5 million fine over efforts to block a takeover by billionaire investor Carl Icahn.

  • July 11, 2014

    American Apparel Defaulted After CEO Ouster, PE Firm Says

    Private equity firm Lion Capital Inc. is demanding immediate repayment of nearly $10 million in loans from American Apparel Inc. following the beleaguered clothing retailer’s recent ouster of its founder Dov Charney, according to documents filed in a New York court Friday.

  • July 9, 2014

    Cartier Accuses Ex-Worker Of Plotting To Heist Jeweler's Data

    Cartier's owners have accused an ex-employee of plotting a digital heist of the jeweler's trade secrets, trying to lure her Cartier underling to join her at rival Tiffany & Co. and swiping her work cellphone number, according to a New York federal suit.

  • July 9, 2014

    RE Trust Sues Natixis Real Estate Over $400M In RMBS Losses

    IXIS Real Estate Capital Trust filed suit against Natixis Real Estate Holdings LLC in New York state court on Tuesday, claiming Natixis refused to buy back defective loans it had pooled into residential mortgage-backed securities after they lost almost $400 million in value.

  • July 7, 2014

    Ex-Soros Manager Launches $20M Wrongful Termination Suit

    A former Soros Fund Management LLC portfolio manager sued the New York-based hedge fund Thursday for almost $20 million claiming Soros fired him without cause and then refused to pay him performance fees and other monies owed under his contract.

  • July 7, 2014

    Hain Squeezes Past Class Action Over 'Raw' Juices Labeling

    A California federal judge has tossed a proposed class action accusing The Hain Celestial Group Inc. of misleadingly labeling and advertising its vegetable juice products as "raw" and "organic," ruling that the plaintiffs relied on evidence that contradicted their claims.

  • July 7, 2014

    Cantor Suit Says 8an Fund Hid $500K To Avoid $3M Judgment

    New York-based brokerage Cantor Fitzgerald & Co. has hit 8an Capital Management Partners Master Fund LP with a lawsuit in state court alleging the fund unlawfully transferred $500,000 to a Swiss bank account to avoid paying an impending $2.8 million judgment against it for breach of contract.

  • July 3, 2014

    CWCapital, Wachovia Hit With Suit Over Stuy Town Title Deal

    Lenders for Stuyvesant Town-Peter Cooper Village sued CWCapital Asset Management LLC and affiliates of Wachovia in New York state court Thursday, alleging that CWCapital cost them hundreds of millions of dollars when it recently took control of the property.

  • July 2, 2014

    Coach Inc. Hit With Class Action Over Intern Pay

    A former employee hit Coach Inc. with a proposed class action in New York state court on Tuesday for allegedly misclassifying employees as unpaid interns and failing to pay them minimum wage, making Coach the latest in a growing number of companies to be hit with such allegations.

  • July 1, 2014

    Ex-Goldman Workers Call For Class Cert In Gender Bias Suit

    A group of former employees at Goldman Sachs Group Inc. upped the ante on Tuesday in a lawsuit that alleges the bank pays women less, sexualizes women and undermines their success, asking a New York federal judge to certify them as a class.

  • July 1, 2014

    Jaguar Hit With $50M Breach Suit Over NY Dealerships

    An auto dealer who was snubbed in his attempt to buy another set of New York dealerships selling vehicles made by Jaguar Land Rover North America LLC, Honda Motor Co. and Volvo Group North America slapped his one-time acquisition target with a $50 million breach of contract suit Monday.

  • July 1, 2014

    High-Ranking NY Republican Accused Of Lying To FBI

    New York federal prosecutors on Tuesday charged Thomas W. Libous, a senior state Republican lawmaker from Binghamton, with making false statements to the FBI in connection with a probe into whether money was being illegally funneled from an Albany lobbying firm to his son.

  • June 30, 2014

    BNY Mellon Hit With RMBS Suit Over Loan Docs

    A group of banks, insurance companies and asset managers with investments in residential mortgage-backed securities trusts hit trustee Bank of New York Mellon Corp. with a suit in New York court Friday, claiming they have suffered losses because of the trustee's failure to acquire and hold critical mortgage loan documents.

  • June 30, 2014

    Fireman's Sues OneBeacon Over Share Of $35M Asbestos Deal

    Fireman's Fund Insurance Co. has launched a suit against OneBeacon Insurance Co. in New York federal court, demanding that the reinsurer chip in toward its $35 million settlement providing coverage for asbestos injury claims against mining company Asarco Inc.

  • June 30, 2014

    Daimler Unit Sues Chrysler Ch. 11 Trust Over Tax Deal

    Two North American Daimler AG units on Friday sued the old Chrysler company’s liquidation trust in bankruptcy court, saying the trust is violating an agreement to hand over to the German automaker millions of dollars in tax refunds dating back to 2007.

  • June 27, 2014

    Goldman Sachs Seeks To Have Google Delete Leaked Email

    Goldman Sachs & Co. asked for a New York court order on Friday requiring Google Inc. to delete a confidential email accidentally sent by a Goldman Sachs consultant to a stranger’s Gmail account.

  • June 27, 2014

    Credit Suisse Says Ex-Directors Took Client Info To JPMorgan

    A Credit Suisse Group AG unit on Friday sued two of its former directors and financial advisers in New York state court, alleging they took detailed client information with them when they went to work for JP Morgan Securities Inc. in violation of confidentiality agreements.

  • June 27, 2014

    DOJ Joins FCA Suit Over 60-Day Overpayment Rule

    The U.S. Department of Justice on Friday joined a whistleblower’s False Claims Act suit accusing New York's Mount Sinai Health System of failing to return hundreds of Medicaid overpayments within 60 days of identifying them, one of the first examples of litigation involving an important Affordable Care Act provision.

  • June 26, 2014

    Pfizer Seeks Limits On Tylenol Order In Advil Ad Suit

    Pfizer Inc. hit McNeil-PPC Inc. with a complaint in New York federal court on Thursday, accusing the maker of Tylenol of trying to block ads for Pfizer's pediatric Advil medication by wrongly expanding a 25-year-old court order on advertising for adult Advil.

  • June 25, 2014

    NYT, Forbes Hit With Subscription Fraud Class Action

    The New York Times Co., Dow Jones & Co. Inc. and Forbes Inc. have been hit with a class action in New York federal court claiming they provided subscriber lists to fraudsters who collected inflated subscription renewal fees and pocketed the extra money.

Expert Analysis

  • Beyond Citigroup: A Look At Corporate Settlements

    Kirsten Mayer

    A decision in Better Markets Inc. v. United States Department of Justice may provide more clarity on the scope of Executive Branch discretion in resolving corporate cases and whether there is any role for “public interest” litigation in such matters, say attorneys with Ropes & Gray LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Madoff Foreign Entanglement Ruling Unsurprising

    Michael L. Cook

    U.S. District Judge Jed Rakoff’s recent decision to block the Madoff Securities trustee's ability to recover customer funds transferred abroad by foreign feeder funds is hardly novel in view of U.S. Supreme Court and Second Circuit precedent, says Michael Cook of Schulte Roth & Zabel LLP.

  • NY Insurers May Benefit From Lower Disclaimer Standard

    Joanna M. Roberto

    The New York Court of Appeals' recent decision in KeySpan Gas East Corp. v. Munich Reinsurance America Inc. affirmed the limited application of the statutory standard to only bodily injury and death claims, thereby recognizing that the heightened standard was not appropriate for environmental and property damage claims, say Joanna Roberto and Paul Steck of Goldberg Segalla.

  • 2nd Circ.'s Not-So-Subtle Wink To District Court Judge

    Jed M. Silversmith

    In United States v. Park, the Second Circuit handed the government a rare victory by vacating a district court's probationary — rather than prison — sentence for tax fraud, but the government’s victory may be pyrrhic, says Jed Silversmith, of counsel at Blank Rome LLP and a former federal prosecutor.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • NY Consumer Suit Provides Persuasive Law For Restaurants

    Gerald L. Maatman

    District Judge Katherine Failla’s practical approach to a novel question in Dimond v. Darden Restaurants has likely stemmed the tide of copycat litigation that would surely have plagued restaurant owners in New York if the deceptive-practice suit had been allowed to proceed, say Gerald Maatman Jr. and Gina Merrill of Seyfarth Shaw LLP.

  • Northeastern States Push To Keep Fracking Waste Out

    Caroline Toole

    Across a patchwork of regulation among northeastern states, the disposal of waste generated from hydraulic fracturing — including potential radiation issues — will no doubt continue to be a focus of regulators, industry and waste-disposal companies as fracking operations grow across the U.S., says Caroline Toole of Weil Gotshal & Manges LLP.

  • NY Wage Theft Law Puts The Squeeze On Employers

    Cindy S. Minniti

    Once signed by New York Gov. Andrew Cuomo, a revitalization of the Wage Theft Prevention Act presents a mixed bag for employers. While elimination of the annual wage notice requirement helps employers, a majority of the bill's remaining provisions are employee-friendly, say Cindy Minniti and Mark Goldstein of Reed Smith LLP.