New York

  • May 25, 2017

    UPS Hit With $247M Judgment In Tobacco Shipping Row

    A New York federal judge ordered UPS to pay $247 million to the Empire State and New York City for helping move untaxed cigarettes from tribal lands, saying Thursday the shipping giant had shown a “lack of willingness to change” without a hefty punishment.

  • May 25, 2017

    Drivers Seek To Revive Suit After Uber Admits To Underpaying

    An Uber driver who saw his proposed wage-and-hour class action tossed asked a New York federal judge on Thursday to reconsider the dismissal of a breach of contract claim in light of Uber’s recent admission it was mistakenly underpaying New York City drivers, saying his claims were "100 percent on the mark." 

  • May 25, 2017

    'Hedge Fund' Founder Pleads Guilty To Fraud Charges

    A would-be hedge fund founder pled guilty Thursday in New York federal court to a conspiracy charge tied to his alleged ploy to lure investors into a new fund by touting its great prior performance — performance that didn’t exist — prosecutors said.

  • May 25, 2017

    Watchdogs Ask FTC To Investigate TRUSTe Over Child Privacy

    A pair of privacy and consumer protection watchdogs on Thursday called on the Federal Trade Commission to investigate whether TRUSTe Inc. violated a past settlement agreement with the agency by not properly assessing some website operators’ tracking technology under the Children’s Online Privacy Protection Act. 

  • May 25, 2017

    21st Century Oncology To Restructure $1.1B Of Debt In Ch. 11

    Facing a bloated balance sheet and difficulties attributed to lower reimbursement rates and health care regulation penalties, global cancer treatment center operator 21st Century Oncology sought Chapter 11 protection on Thursday in New York bankruptcy court to implement a prearranged plan that would chop its $1.1 billion debt in half.

  • May 25, 2017

    TD Bank Nears Class Action Settlement Over Account Freezes

    A putative class accusing TD Bank NA of improperly freezing money exempt from judgment in customer accounts and imposing fees asked a New York federal judge Thursday for final approval of a $500,000 settlement that will also make it easier for judgment debtors to access their funds, ending seven years of litigation.

  • May 25, 2017

    Deals Rumor Mill: Staples, Web.com, Stada

    Staples has rejected a takeover offer that valued the company at more than $5.8 billion, Web.com is in discussions with private equity firms about a potential buyout, and Advent, Permira and Shanghai Pharmaceuticals have decided not to offer to buy German pharmaceutical company Stada.

  • May 25, 2017

    2nd Circ. Grants En Banc Rehearing On Gay Bias Precedent

    The Second Circuit will reconsider as a full body its precedent that Title VII does not cover sexual orientation discrimination, granting en banc review Thursday to the estate of a gay skydiving instructor whose bias suit the court declined to revive in April.

  • May 25, 2017

    NY Docs Can't Escape Suit Over Injurious Prenatal Care

    Two New York doctors will have to face a medical malpractice suit claiming that they bungled a woman’s prenatal care, resulting in her child’s cerebral palsy, an appellate court ruled Wednesday, finding that conflicts in the two sides’ expert testimony precluded early dismissal of the case.

  • May 25, 2017

    NY Town Drags Feet Over Wireless Expansion, Suit Says

    A subsidiary of a national telecom infrastructure provider sued a Long Island municipality in New York federal court Thursday, saying the town is dragging its feet reviewing its application for access to public right of way to expand an antenna system aimed at improving wireless service.

  • May 25, 2017

    Some State Claims Tossed From TGI Friday's Wage Suit

    A New York federal judge on Thursday dismissed New Jersey, Connecticut and Michigan state claims in a proposed wage-and-hour collective action against TGI Friday's, finding the statutes the workers sued under do not support their claims.

  • May 25, 2017

    Billionaire Developer Peppers Judge Ahead Of UN Bribe Trial

    Chinese real estate billionaire Ng Lap Seng's legal team has lodged a flurry of letters ahead of the developer's Tuesday bribery trial, with the latest missive Thursday saying a key cooperating witness may have made undisclosed exculpatory statements during plea talks with prosecutors.

  • May 25, 2017

    NYC Says FCC Must Improve Alerts, Citing Chelsea Bombing

    New York City agencies urged the Federal Communications Commission to modernize the Wireless Emergency Alerts program to embed links and other media in notifications, citing the September bomb explosion in the city's Chelsea neighborhood and opposing delays to reform proposed by a wireless trade association.

  • May 25, 2017

    DOE Halts Energy Efficiency Rule Delay For Ceiling Fans

    The U.S. Department of Energy on Wednesday ended its delay of energy efficiency rules for ceiling fans, bowing to lawsuits brought by several states and environmental and consumer groups over the Trump administration's postponement of the Obama-era standards.

  • May 25, 2017

    NutraSweet Gets $100M ICC Award Nixed By NY Judge

    A New York state judge has sided with NutraSweet Co. and ordered an International Chamber of Commerce tribunal to reconsider parts of a $100 million award it issued to a Korean food conglomerate following a dispute over a soured aspartame deal, saying the tribunal manifestly disregarded New York law.

  • May 25, 2017

    Helicopter Service Co.'s $3.9M Deal Denied Preliminary OK

    A New York federal judge on Thursday refused to preliminarily approve a $3.9 million settlement that would resolve a proposed investor class action against helicopter services giant CHC Group Ltd., citing concerns that absent class members could think “the deck is stacked against them” before they can object to the deal.

  • May 25, 2017

    Drug Wholesalers Blast Forest’s Bid For Profit Docs

    A proposed class of drug wholesalers urged a New York federal judge Wednesday to deny Forest Laboratories LLC’s request for certain documents in an antitrust suit alleging the drugmaker blocked generics for its Namenda Alzheimer’s treatment, saying their profit information is irrelevant in an antitrust case.

  • May 25, 2017

    NYPD Can't Cite National Security To Veil Docs, Activists Say

    Activists organizing protests against police brutality have hit the New York City Police Department with a lawsuit arguing authorities can't use a federal national security exemption to duck a public records request for information on whether authorities surveil organizers or use technology to disrupt their communications.

  • May 25, 2017

    Exxon, Shell Seek Nigerian Bank Docs In $1.8B Award Suit

    Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries trying to confirm a $1.8 billion arbitration award against a Nigerian state-owned oil company have urged a New York federal judge to deny an attempt from the country’s central bank to hold on to records related to its foreign accounts.

  • May 25, 2017

    State AGs Want Sprint's $15M Redistributed In CFPB Row

    A group of state attorneys general has urged a New York federal judge to redirect $15 million in undistributed funds from a Sprint Corp. settlement to a nonprofit and an attorneys general training program, saying objections from the Consumer Financial Protection Bureau do not hold water.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of labor and employment law, the law of noncompetition agreements has been relatively static with most changes coming in the form of court decisions. More recently, however, many states have turned their attention to noncompetes and considered significant procedural and substantive changes in how they are used and enforced, say James Hammerschmidt and Jack Blum of Paley Rothman.

  • Questions Following Prevezon Money Laundering Settlement

    Elizabeth Prewitt

    The Prevezon case stands out as an example of the extraordinary lengths the U.S. government can and will go to assert jurisdiction over matters involving foreign entities and persons who commit crimes abroad to the detriment of foreign countries and citizens. However, since the matter settled, the government’s case was not tested at trial, say attorneys with Hughes Hubbard & Reed LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Weekly Column

    Talking 'Bull': Episode 23, Benevolent Deception

    Roy Futterman

    Most of the jury consulting on this show has consisted of illegal and unethical behavior amid nonsensical trial practices, but at the end of the day, it has probably not done permanent damage to the U.S. legal system — so far, says jury consultant Roy Futterman as the debut season of the CBS show "Bull" comes to a close.

  • The 1st Amendment Right To Pass Through Fees — And Taxes

    Eric Tresh

    The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.