New York

  • September 22, 2017

    Axis Gets Win In Patriarch Coverage Over Tilton Probe Case

    A New York federal judge Friday denied Lynn Tilton’s Patriarch Partners LLP insurance coverage for a $20 million U.S. Securities and Exchange Commission probe, saying it was already under investigation took out $5 million in excess coverage from Axis Insurance Co.

  • September 22, 2017

    Olympian Urges 2nd Circ. To Rethink NBC Royalty Row Ruling

    Olympic gold medalist Oksana Baiul on Thursday urged the Second Circuit to reconsider a decision affirming judgment for NBC in her royalty suit over a 1994 TV special, arguing that the ruling runs afoul of precedent from the appeals court itself and the U.S. Supreme Court.

  • September 22, 2017

    QBE Can't Secure Coverage Of Force-Placed Insurance Actions

    A New York state judge has brought an end to QBE Americas Inc.’s suit seeking insurance coverage for a $19 million settlement of claims that it paid kickbacks to banks that drove up premiums for force-placed insurance, saying the claims are clearly excluded by the policies.

  • September 22, 2017

    NY Court Orders Hospital To Produce Anesthesia Contract

    A New York state appeals court has ruled that a Long Island medical center must turn over a contract with the founder of an anesthesia practice in a suit brought by a patient who claims his anesthesia was bungled, overturning a lower court order protecting the document from discovery.

  • September 22, 2017

    Avaya Allows $40M Bankruptcy Claim To Settle Patent Suit

    Bankrupt telecom giant Avaya Inc. became the 14th company to settle allegations that it infringed an Ethernet patent held by Network-1 Technologies Inc., agreeing to allow a $40 million unsecured claim against the estate, according to papers filed in New York bankruptcy court on Thursday.

  • September 22, 2017

    NY Panel Largely Upholds Whole Foods' $3.5M Tax Bill

    A New York tax tribunal has mostly kept a Whole Foods subsidiary on the hook for $3.5 million to cover three years of back taxes, but tossed related penalties, finding that the unit “reasonably, but erroneously” didn't file a combined tax report with another subsidiary after paying it trademark royalties.

  • September 22, 2017

    EEOC Targets More IHOP Locations Over Sexual Harassment

    Two days after bringing sexual harassment claims against IHOP locations in Illinois, the U.S. Equal Employment Opportunity Commission brought a class action against several franchisees of the restaurant chain in Nevada federal court Thursday, alleging rampant sexual harassment, an illegal policy that discouraged employees from reporting such incidents and retaliation against workers who complained.

  • September 22, 2017

    Fiat Investors Want Emissions Claims Kept In Stock Drop Suit

    A proposed class of Fiat Chrysler Automobiles NV investors told a New York federal court Thursday that there’s no reason to trash their emissions-related allegations because they’ve shown the automaker’s executives knew about possible “defeat devices” in Fiat’s vehicles and thus intended to deceive investors about potential emissions problems.

  • September 22, 2017

    TGI Friday's Must Rework $19.1M Wage Settlement, Judge Says

    A New York federal judge on Thursday rejected a proposed $19.1 million settlement between a putative class of 28,800 TGI Friday's tipped workers and the restaurant chain, saying it contains confidentiality and release provisions that could not “pass muster.”

  • September 22, 2017

    Real Estate Rumors: Reliance, Google, Jernigan

    Reliance Realty Partners has reportedly bought a Manhattan rental building for $30.8 million; Google is said to have dropped $130.9 million on an office campus in Boulder, Colorado; and Jernigan Capital has reportedly loaned $14.66 million for a Florida self-storage development project.

  • September 22, 2017

    Amtrak Pollution Could Be 'Accidental,' Judge Says

    A New York federal judge hearing a dispute between Amtrak and a group of London market insurers over environmental cleanup coverage Thursday agreed with the rail company that the pollution could have been “accidental,” but he rejected Amtrak's definition of “sudden.”

  • September 22, 2017

    Engineer Might Regret Plea Withdrawal, 2nd Circ. Judge Says

    An Iranian-American engineer serving 97 months for a violation of the Arms Export Control Act might “rue the day” if he ever stood trial for alleged misconduct that prosecutors say went far beyond a single offense on appeal, a Second Circuit judge warned Friday.

  • September 21, 2017

    NTSB Finds Severe Sleep Apnea In NJ, NY Train Crash Probes

    The engineers behind the New Jersey Transit and Long Island Rail Road train crashes over the past year that caused hundreds of injuries combined and left an attorney dead in one accident were later diagnosed with severe sleep apnea, according to reports made available Thursday by the National Transportation Safety Board.

  • September 21, 2017

    Chadbourne & Parke, Female Partners Fight Over Discovery

    Chadbourne & Parke LLP and the female attorneys accusing the firm of gender discrimination clashed in New York federal court Wednesday over whether Chadbourne should turn over more documents about partner complaints, compensation and the firm's management.

  • September 21, 2017

    Real Estate Rumors: James Dyson, Silverman, Spaces

    James Dyson of the Dyson appliance firm is reportedly paying between $73 million and $83 million for a Park Avenue penthouse in Manhattan, Silverman Group is said to have picked up two Florida industrial buildings for $30.7 million, and co-working firm Spaces is reportedly leasing 40,000 square feet in Chicago.

  • September 21, 2017

    Amazon Takes $20M Tax Carrot To Expand In NYC

    Amazon.com Inc. is expanding its New York City presence with a 359,000-square-foot office, thanks to $20 million in performance-based tax credits coming the online retail giant's way under a jobs and investment program, the state governor said Thursday.

  • September 21, 2017

    Steptoe & Johnson Partner Tapped To Head CFTC Division

    The U.S. Commodity Futures Trading Commission said Wednesday that a Steptoe & Johnson LLP partner has been appointed to serve as director of the agency's Division of Swap Dealer and Intermediary Oversight.

  • September 21, 2017

    Ex-Broker Skips Court After Telling SEC 'Just Die. Please'

    A Manhattan judge was set on Thursday to order a default judgment against a former broker for subjecting unsophisticated clients to risky trades and spending client money on bar tabs, after the New York man sent a “rude and inappropriate” email to the U.S. Securities and Exchange Commission and skipped court.

  • September 21, 2017

    Lehman Faulty-Mortgage Suit Must Wait, FDIC Says

    The Federal Deposit Insurance Corp. asked a New York bankruptcy court Thursday to hit the snooze button on a suit filed by Lehman Brothers against Guaranty Bank over the sale of shoddy mortgages, saying Lehman must go through an administrative claims process first.

  • September 21, 2017

    Preet Bharara Joins CNN, Dishes On Firing In New Podcast

    Former Manhattan U.S. Attorney Preet Bharara is joining CNN as a contributor, the cable news network said Thursday, one day after the former prosecutor for the first time described in detail his March firing by President Donald Trump.

Expert Analysis

  • What To Expect In Forex Fraud Trial Of Ex-HSBC Exec

    Scott Schirick

    The prosecution of HSBC’s former global head of foreign exchange spot trading — whose trial begins on Monday in the Eastern District of New York — will test whether the government can turn sharp dealing and deception in the unregulated institutional spot forex market into criminal fraud, says Scott Schirick of Pryor Cashman LLP​.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Insider Trading After Martoma: Benefits Without Friends?

    Nathan Bull

    The Second Circuit's recent Martoma decision potentially expands the category of persons that, upon the disclosure of confidential information without pecuniary or tangible benefit, may constitute tippers or tippees subject to insider trading liability, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.