A New York federal judge on Friday tossed a putative antitrust class action alleging Amazon.com Inc. conspired with the six largest book publishers to monopolize the e-book market and prevent competitors from undercutting their prices, ruling the plaintiffs couldn’t back up their claims with evidence.
A New York federal judge on Friday held that the trustee liquidating Bernard Madoff’s investment firm’s estate may only assert certain claims against feeder funds on behalf of the firm’s customers if the claims are validly assigned to him.
A New York appellate court's move to uphold prison time for a man who recorded sex partners without their knowledge, and later threatened to make the images public, extends "revenge porn" criminal liability beyond "peeping Tom" crimes but leaves cases involving the consensual sharing of images up for debate, experts say.
Resolving long-running multidistrict litigation in New York, Merck & Co. Inc. agreed Monday to pay $27.7 million to settle hundreds of lawsuits claiming its bone drug Fosamax caused a condition known as osteonecrosis of the jaw.
A New York federal judge at a hearing Thursday denied a bid by the International Swaps and Derivatives Association Inc. to disqualify Quinn Emanuel Urquhart & Sullivan LLP from serving as lead counsel in multidistrict litigation over credit default swap, or CDS, market rigging, saying there was no conflict of interest.
A New York federal judge on Friday tossed Enzo Biochem Inc.'s breach of contract, unfair competition and patent claims against two biotechnology companies over their use of its patented technology for labeling nucleotides, the basic building blocks of DNA, after finding Enzo could not back up its accusations.
A New York federal judge on Friday ruled that the Village of Garden City on Long Island had enacted a discriminatory zoning policy directed at keeping out minority families in violation of the Fair Housing Act, following more than eight years of contentious litigation.
The U.S. Supreme Court on Monday let stand rulings axing a trade secret theft claim involving hard disk drive technology brought by engineering firm Convolve Inc. against units of Seagate Technology (US) Holdings Inc. and Hewlett-Packard Co., rebuffing Convolve's constitutional arguments.
A divided Second Circuit on Monday explained its recent decision to reverse the municipal bond bid-rigging convictions of three former General Electric Co. officials, ruling prosecutors had improperly characterized the alleged scheme as a continuing conspiracy to evade the statute of limitations.
A New York federal court on Friday sentenced two former Vitesse Semiconductor Corp. executives to three years’ probation after they pled guilty to manipulating company records to thwart an expected stock-options backdating investigation by federal authorities.
Three General Electric Co. units will pay $18 million to end part of their involvement in multidistrict litigation accusing them and other financial institutions of colluding to rig bids in the municipal bond derivatives market, according to a filing in New York federal court Friday.
A New York federal judge gave final approval on Friday to $95 million in settlements between a group of book publishers, the federal government and a proposed consumer class to resolve e-book price-fixing claims.
A New York federal judge on Friday affirmed a bankruptcy judge’s decision to allow a merger between American Airlines and U.S. Airways to move forward, denying a group of customers their bid to stop the deal before it goes through on Monday, according to news reports.
A New York state judge has thrown out a proposed class action involving a prominent real estate developer that alleges Hess Corp. breached customer contracts by delivering tainted heating oil to New York City buildings, finding that plaintiffs failed to sufficiently allege they suffered a discernible injury.
A New York state judge has temporarily barred a Brooklyn attorney and two condominium developers he represents from participating in condominium- and securities-related work in New York during a suit against them over alleged construction defects in their new development, the state attorney general said Friday.
Goldman Sachs Group Inc. must face allegations it lied to HSH Nordbank AG about the quality of the loans in $110 million worth of mortgage-backed securities, a New York state judge has ruled, finding that it hadn't waited too long to sue under German law.
The Second Circuit rejected on Friday a bid by Sapere Wealth Management LLC to overturn a ruling that MF Global Inc. commodity customers could not jump ahead of other creditors in the MF Global Holdings Ltd. Chapter 11 proceedings.
Impax Laboratories Inc. has settled a suit alleging its proposed generic version of OxyContin infringed Purdue Pharma LP's patents for a tamper-resistant version of the painkiller, according to a consent judgment filed Friday in a suit that had been rolled into antitrust multidistrict litigation in New York federal court.
The New York Post has settled a former associate editor's claims that the newspaper's work environment was rife with sexist and racist conduct, according to a stipulation filed Thursday.
New York City agreed Friday to phase in accessible yellow cabs so that half will be accessible by people in wheelchairs by 2020, in a settlement that could end a disabilities rights class action filed partially in response to the city's beleaguered $1 billion "Taxi of Tomorrow" plan.
The Second Circuit’s opinion in Halebian v. Berv — a significant departure from its own oft-cited Joy v. North decision — highlights that a derivative plaintiff’s entitlement to discovery, if any, is inversely proportional to the showing made by a special litigation committee in support of its motion to terminate, says Donald Corbett of Lowenstein Sandler LLP.
State attorneys general gave online privacy protection increasing attention in 2013. There was mounting pressure from attorneys general to expand privacy protections, a rising number of enforcement actions and increased coordination among states, says Jason Crawford, a federal law clerk.
In Rowland v. Novartis Pharmaceuticals Corp., three Pennsylvania plaintiffs — merely because they were rousted to multidistrict litigation — received the advantage of the different choice-of-law rules for states to which they had no connection, rather than being bound by the choice-of-law rules of their actual domiciliary state. Where, as in Rowland, the plaintiff is a pure litigation tourist, this is an absurd result, says James Beck of Reed Smith LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
The New York State Department of Financial Services is “requiring” about 200 banks “to answer questions in real time on Dec. 12 to assess their cybersecurity policies and processes.” But the DFS will not necessarily learn anything new from the Web-based, real-time surveys, nor is that the stated intent, say Ronald Sarachan and Zoe Wilhelm of Drinker Biddle & Reath LLP.
Three recent cases applied the economic substance doctrine, with quite different results, to the "structured trust advantaged repackaged securities" transaction, one of several foreign tax credit generators the IRS is aggressively challenging. These decisions likely foreshadow a fight in the circuit courts over STARS and the economic substance doctrine, say Robert Probasco and Lee Meyercord of Thompson & Knight LLP.
A new avenue of recovery has just been opened to Madoff victims. The U.S. Attorney for the Southern District of New York recently announced that the Madoff Victim Fund would begin accepting claims. Those who lost money invested with Madoff — indirectly or directly — should be aware of several aspects of the MVF so they can maximize their recovery, say James Masella and Jeremy Weinberg of Patterson Belknap Webb & Tyler LLP.
Organizations that handle personal information have an overwhelming need to screen out untrustworthy job applicants. However, a legislative trend aimed at reintegrating millions of ex-offenders into the workforce has picked up so much steam that this practice is now illegal in some jurisdictions, forcing employers to rethink whether they should ask the question at all, says Philip Gordon of Littler Mendelson PC.