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New York

  • January 22, 2019

    Trump Renominations Include Contested 3rd, 9th Circ. Picks

    The White House sent 50 judicial nominations to the Senate Tuesday, most of the more than 70 judicial nominations that expired last month, including controversial picks for trial court posts and the Third and Ninth Circuits that have been opposed by Democrats.

  • January 22, 2019

    Man Accused Of $2B Fraud In Africa Says He's No Flight Risk

    A former lead salesman for Abu Dhabi-based shipbuilder Privinvest on Monday asked a New York federal judge to let him out on bail following his indictment over alleged involvement in a $2 billion bribery and investor fraud scheme, saying a $20 million bail package with 24/7 private security would ensure he shows up in court.

  • January 22, 2019

    Walgreens Pays $269M In Milestone FCA Deals

    Walgreens Boots Alliance Inc. has inked settlements worth $269 million to end False Claims Act allegations of egregious overbilling for various drugs, the U.S. Department of Justice said Tuesday, marking some of the largest FCA payouts ever by a retail pharmacy.

  • January 22, 2019

    Tribe Members Try To Save Long Island Fishing Rights Suit

    Three members of the Shinnecock Indian Nation objected Monday to a magistrate judge’s report recommending the dismissal of their suit, which accuses New York state and Suffolk County of illegally prosecuting them for fishing near the tribe’s Long Island reservation.

  • January 22, 2019

    UBS Countersues Bloomberg In Data Misuse Row

    UBS AG fired its own breach of contract claim at Bloomberg Finance LP on Friday in a suit that accuses UBS of redistributing proprietary data without authorization, telling a New York federal court that its use of the data was above board and that by “acting arbitrarily and/or irrationally in 2018,” Bloomberg was out of line.

  • January 22, 2019

    Rakoff Tosses Suit Against L'Oreal, Cites Risk Of 'Ambush'

    U.S. District Judge Jed Rakoff on Tuesday dismissed a class action accusing L'Oreal of deceptively marketing a black women’s hair relaxer as scalp-protecting but that instead caused burns and hair loss, blasting a tardy damages report as inadequate and "trial by ambush."

  • January 22, 2019

    Deutsche Whistleblower Claimants Seek To Make SEC Pay

    Two consultants and an anonymous tipster urged the Second Circuit on Tuesday to make the U.S. Securities and Exchange Commission give them a cut of the $55 million fine that Deutsche Bank AG paid to settle claims over risky derivatives, saying the agency was wrong to deny them payouts under its whistleblower program.

  • January 22, 2019

    NYU Workers Defend Ex-Judges In ERISA Row's Ethics Spat

    A class of New York University employee retirement plan participants defended two retired federal judges on Tuesday after NYU insinuated the judges were paid off to say another former federal judge should have recused herself from a bench trial against the school.

  • January 22, 2019

    Rochester Univ. Talks Workers Out Of Litigating ERISA Suit

    A proposed class of participants in the University of Rochester's retirement plan dropped a suit Monday that claimed the school violated the Employee Retirement Income Security Act by letting the plan charge excessive fees. 

  • January 22, 2019

    Judge's Trial Relevant In $2.7B Award Row, Court Hears

    Units of ExxonMobil Corp. and Royal Dutch Shell PLC have pointed to the Nigerian Bar Association's condemnation of the prosecution of Nigeria's chief justice in their bid to have a New York federal court confirm a $2.67 billion arbitral award against Nigeria's state-owned oil company, which was set aside in the African nation.

  • January 22, 2019

    J&J To Pay States $120M For False Hip Implant Promos

    A Johnson & Johnson unit will pay $120 million to end a wide-ranging investigation into whether it misled customers about the longevity and efficacy of its hip replacement devices, attorneys general in New York and Texas announced Tuesday.

  • January 22, 2019

    Weinstein Racketeering Accusers Can't Expand Email Review

    A Manhattan federal judge declined Tuesday to block Harvey Weinstein from releasing emails related to potential class members — including a number of famed actresses — in a sex-trafficking action targeting the fallen film mogul, his bankrupt movie company and others accused of facilitating his alleged abuse.

  • January 22, 2019

    NYC Real Estate Week In Review

    Herrick Feinstein LLP, Goldberg Weprin Finkel Goldstein LLP and Troutman Sanders LLP were among more than a dozen law firms that steered the largest New York City real estate deals that hit public records last week, a group of transactions that spanned four boroughs.

  • January 22, 2019

    High Court Won't Hear NY Builder’s Fee Refund Case

    The U.S. Supreme Court on Tuesday declined to hear a suit by building company Pulte Homes asserting the Second Circuit had wrongly determined its bid to recover $749,000 in land development fees from a New York town was untimely.

  • January 22, 2019

    Fiat Chrysler's Liability 'Undisputed' In Fraud Suit: Investors

    Investors in Fiat Chrysler Automobiles have told a New York federal judge that the automaker's liability for stock drops tied to alleged misstatements about its compliance with safety and emissions regulations is "undisputed" and should carry their suit through the summary judgment phase.

  • January 22, 2019

    Ex-Univ. Of Ariz. Coach Cops To $20K Hoops Bribery Scheme

    Former University of Arizona basketball coach Emanuel Richardson pled guilty to conspiracy to commit bribery before a Manhattan federal judge on Tuesday, choking up as he described how he took $20,000 from undercover federal agents to refer college ballers their way for business.

  • January 22, 2019

    Ex-Weil Partner Sues MetLife For Disability Benefits

    A former Weil Gotshal & Manges LLP bankruptcy partner has hit Metropolitan Life Insurance Co. with a lawsuit in New York federal court accusing the insurance carrier of wrongly denying him long-term disability benefits even though he suffers from a series of psychiatric problems.

  • January 22, 2019

    TVEyes, Fox News End Copyright Case With Settlement

    TVEyes, a subscription-based search engine for TV clips at the center of a long-running copyright lawsuit, has reached a settlement with Fox News to end the case six weeks after the U.S. Supreme Court refused to hear it.

  • January 18, 2019

    Madoff Investors Can't Evade Clawback By Withdrawing Claim

    A Manhattan bankruptcy judge rejected arguments by three “net winners” in the Madoff Ponzi scheme on Friday that he lost authority to hear a $2.8 million clawback action against them when they dropped their own claim against the bankruptcy estate.

  • January 18, 2019

    Ex-Sadis & Goldberg Atty Gets 3 Years For Charity, Tax Scam

    The former head of Sadis & Goldberg LLP’s tax and trusts and estates groups was sentenced to just over three years in prison Friday for cheating a dead client’s estate out of $3.7 million through a bogus charity and lying about his income to the IRS.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Declaratory Judgments Do Not Always Protect NY Debtors

    A. Robert Quirk

    This month, the First Department of New York's Appellate Division revived Avilon v. Leontiev, establishing that a debtor cannot obtain declaratory judgment shielding itself from personal liability to a creditor's associates, and then use that judgment to preclude claims from the creditor, say A. Robert Quirk and Muhammad Faridi of Patterson Belknap Webb & Tyler LLP.

  • Virginia Is Latest State To Find Employer 'Take Home' Duty

    David Barger

    In Quisenberry v. Huntington Ingalls, the Virginia Supreme Court recently held that an employer owed a duty of care to an employee's family member who handled the employee’s asbestos-laden work clothes. The impact of this decision will extend well beyond the claims at issue, say attorneys with Greenberg Traurig LLP.

  • State Net

    How States Are Preparing For The Next Recession

    Korey Clark Photo.jpg.jpg

    It’s been nine and a half years since the last U.S. recession, and the economy still appears to be going strong. But there are signs trouble may not be far off. The good news for states is that most seem reasonably well prepared for it, says Korey Clark of State Net Capitol Journal.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • 5 Fraud Insurance Decisions Sure To Shape 2019

    Patricia Carreiro

    Last year, the circuit split on computer fraud insurance coverage continued, with courts slightly favoring coverage for phishing scams, but oversimplifying those decisions into a simple coverage versus no-coverage distinction would be a mistake, says Patricia Carreiro of Axinn Veltrop & Harkrider LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

    Robert Marticello

    Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • A Guide To Reducing Limitations Periods On Employee Claims

    Excerpt from Lexis Practice Advisor
    Ann-Elizabeth Ostrager

    Employers generally benefit from drafting agreements that shorten statutes of limitations on employee claims. However, there are several considerations when assessing whether and how to trim the relevant period, say Ann-Elizabeth Ostrager and Courtney Hunter of Sullivan & Cromwell LLP.