New York

  • July 16, 2015

    Jay-Z's Tidal Can't Play Lil Wayne Songs, Label Says

    Rapper Lil Wayne’s record label Cash Money Records Inc. on Thursday filed a $50 million suit in New York state court against Tidal, rapper Jay-Z’s nascent music streaming service, claiming that it owns the rights to a Lil Wayne album released exclusively by Tidal earlier this month.

  • July 16, 2015

    Verizon Accused Of Misclassifying Employees To Avoid OT

    Verizon Communications Inc.’s New York subsidiary was hit with a proposed wage and hour class action in New York federal court Tuesday from an employee who says the company misclassifies its logistics workers as supervisors to avoid paying overtime.

  • July 15, 2015

    'Stalker' CEO To Face $300M Suit From Ex-Intern's Attys

    The attorney for a former intern who recently won an $18 million jury award against private equity CEO Benjamin Wey in a sexual harassment suit will pursue a $300 million defamation suit against Wey in New York state court, according to documents filed Wednesday.

  • July 15, 2015

    Med Student Files Discrimination Suit Against Caribbean Univ.

    A medical student filed a discrimination lawsuit against the American University of Antigua in New York court Tuesday, claiming he was expelled after complaining about supervisors’ inappropriate sexual behavior and comments made about his Nigerian heritage.

  • July 14, 2015

    Airline Ticketing Cos. Hit With Another Antitrust Action

    A group of airline passengers told a New York federal judge on Tuesday that ticket distribution companies formed a cartel to negotiate advantageous contracts with the airlines, which has caused ticket prices to be inflated for several years.

  • July 14, 2015

    Holland & Knight Accused Of Fraud In Tax Shelter Scheme

    Holland & Knight LLP was hit with a complaint Monday from a pair of former clients alleging it knowingly participated in a bogus tax shelter scheme by issuing favorable tax opinion letters to induce plaintiffs to invest $8.3 million in an unlicensed brokerage operating an illegal practice.

  • July 14, 2015

    Almond Milk Maker Exaggerates Nut Content, Suit Says

    Blue Diamond Growers was hit with a putative class action Tuesday in a New York federal court alleging it purposely misrepresents its almond milk products as being made primarily from almonds, when in fact the products contain only 2 percent of the nut.

  • July 13, 2015

    Ex-UBS Exec Says Bad Press Forced His Ouster In $35M Suit

    UBS AG has been hit with a $34.5 million lawsuit by a former executive who claims that after 27 years with the investment bank, his performance reviews were falsely downgraded when the bank came under fire in the press.

  • July 13, 2015

    Armani Accused Of Retaliating Against Bias Whistleblower

    Giorgio Armani Corp. was hit with a discrimination suit Friday in New York federal court by a former sales associate who alleges a manager violated the New York Human Rights Act by firing her after she alleged the store discriminated against African-American and Hispanic customers.

  • July 10, 2015

    Fired Contractor Cries Conspiracy Over NY Canal Project

    The owner of a construction company long at odds with New York state over the choice to drop her from a contract for the third phase of a harbor project in Buffalo filed another suit in federal court Thursday, this time alleging a conspiracy that drew in Travelers Casualty and Surety Co., Phillips Lytle LLP and others.

  • July 6, 2015

    Baseball Scouts Hit MLB With Antitrust, OT Class Action

    Major League Baseball conspired to prevent baseball scouts from moving between teams and stiffed them on overtime pay, according to a proposed class action filed in New York federal court claims, echoing similar allegations brought by minor league players.

  • July 6, 2015

    IT Worker Says Cantor Fitzgerald Tried To Avoid OT Wages

    Cantor Fitzgerald Securities Inc. has been hit with a class action by a member of its tech support staff who claims the company tried to force him and other members of his team into signing away their rights to overtime.

  • July 2, 2015

    Cushman Again Seeks To Nix Contract Claim in Sandy Fight

    Cushman & Wakefield Inc. has urged a New York federal judge to again dismiss a property owner's claim that it breached a management contract by failing to procure adequate insurance to cover the Wall Street Plaza building for damage from Superstorm Sandy, alleging the owner has changed its story and violated a prior court order.

  • July 2, 2015

    Ex-NBA Head Coach Stiffed Talent Agency, Suit Says

    The former head coach for the National Basketball Association's Charlotte, North Carolina, team failed to pay a Creative Artists Agency affiliate $100,000 in commission for managing his career, the agency alleged in a recent New York state court complaint.

  • July 2, 2015

    Airlines Hit With Price-Fixing Suit Amid DOJ Probe

    Just hours after the U.S. Department of Justice on Wednesday confirmed it is investigating several unnamed airlines for unlawful collusion, a group of ticket purchasers launched a putative class action against Delta Airlines Inc. and three other carriers that were reported to be in the federal government's crosshairs.

  • July 1, 2015

    Capital One Sued For Quitting Taxi Venture, Backing Uber

    Capital One NA was hit with a lawsuit in the Supreme Court of New York Tuesday claiming that the bank abandoned an $80 million credit facility partnership with Transit Funding Associates LLC, which loans money to Chicagoans seeking taxi medallions, so it could partner with ride-hailing titan Uber.

  • July 1, 2015

    Braskem Hit With Investor Class Action Over Petrobras Bribes

    Braskem SA's stock price was artificially inflated by bribes paid to Petrobras to ensure cheap raw material prices, investors said in a proposed class action filed Wednesday in New York federal court.

  • July 1, 2015

    Kenneth Cole Accused Of Deceptive Outlet Discounts

    Kenneth Cole Productions Inc. was hit with a putative class action on Tuesday in New York federal court that alleges the fashion retailer deceived shoppers by inflating its original prices that are paired with seemingly steep discount prices on items sold at its exclusive outlet stores.

  • July 1, 2015

    $31M Insurance Row Erupts Over Nasdaq's Facebook IPO Deal

    Beazley Insurance Co. Inc. slapped two rivals with a New York federal suit Tuesday, seeking coverage of Nasdaq OMX Group Inc.’s $31 million settlement in an underlying investor class action over the botched handling of Facebook Inc.'s $16 billion initial public offering.

  • June 30, 2015

    Trump Sues Univision For $500M In Miss USA Contract Row

    Republican presidential candidate Donald Trump on Tuesday sued Univision Networks & Studios Inc. for $500 million in New York state court for dropping coverage of the Miss USA Pageant, which Trump partly owns, over incendiary remarks he made about Mexican immigrants.

Expert Analysis

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Beer Lawsuits Brew Caution For Country-Of-Origin Labeling

    Richard A. Mojica

    A recent flurry of class actions brought under state consumer protection laws in California, Florida and New York involving country-of-origin labeling violations by beer companies serves as a reminder that domestic companies must exercise caution when advertising a product as "imported" or "Made in the USA," say Richard Mojica and Austen Walsh of Miller & Chevalier Chartered.

  • NY Appeals Court Wrongly Denied Late-Notice Defense

    Lemley_Charles_WileyRein.jpeg

    For the second time in Estee Lauder Inc. v. OneBeacon Insurance Group, a New York state appeals court has wrongly held that an insurer waived a late-notice defense by failing to raise the defense in its initial disclaimer letter to the insured, based on a flawed application of New York insurance law that attempts to create a common law rule out of a statutory standard, says Charles Lemley at Wiley Rein LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Stage Is Set For NY High Court Review Of Standing Waiver

    Christopher A. Gorman

    There is a clear split in authority among the departments of New York's Appellate Division on whether a standing defense is waived upon a borrower defaulting in a foreclosure action. The potential impact of how the split is ultimately resolved by the New York Court of Appeals cannot be understated, says Christopher Gorman of Westerman Ball Ederer Miller Zucker & Sharfstein LLP.

  • 2nd Circ. Cites Creditor Risks In Involuntary Bankruptcy

    Michael L. Cook

    Creditors are often tempted to file an involuntary bankruptcy petition against their debtor as a way to compel the payment of a debt. But as a recent Second Circuit affirmation in the TPG Troy LLC case shows, the involuntary bankruptcy petition is not just another collection device, says Michael Cook of Schulte Roth & Zabel LLP.

  • Employers Shouldn't Bite Nails Over NY Wage And Hour Law

    Jeffrey H. Ruzal

    After The New York Times' expose of questionable labor practices in New York's nail salon industry, Gov. Andrew M. Cuomo has sought to expand the state’s enforcement authority over health and safety regulations and crack down on wage and hour violations. However, if employers remain proactive in paying overtime, compensating off-the-clock work and maintaining records they won't have to bite their nails, says Epstein Becker & Green ... (continued)

  • Keeping Marblegate In Perspective

    Harald Halbhuber

    A first read of the Southern District of New York’s Marblegate decisions — that involuntary debt restructurings that impair a bondholder’s right to receive payment may violate the Trust Indenture Act — may suggest broad-reaching and potentially problematic implications. A deeper analysis shows a less troubling case, say attorneys with Shearman & Sterling LLP.

  • 2nd Circ. Intern Ruling Could Change Employer Behavior

    Ashley N. Coleman

    The Second Circuit's reasoning in Glatt v. Fox Searchlight Pictures Inc. will likely cause employers to restructure their internship programs to focus more on the educational benefits provided to interns. We may see a rise in unpaid internships coordinated with educational institutions, says Ashley Coleman of Sedgwick LLP.

  • Reflections On The Goldman IP Theft Saga

    R. Mark Halligan

    The failed prosecutions of former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov in both federal and state court should be a wake-up call to Congress and state legislatures that statutes passed years ago when trade secrets were kept in a locked file drawer are no longer well suited for the cyberworld of the 21st century, says Mark Halligan of FisherBroyles LLP.