New York

  • July 27, 2017

    Cloud Computing Co. Must Pay NY Sales Tax, Says Tax Agency

    New York state’s Department of Taxation and Finance published an advisory opinion Wednesday concluding that a company that provides cloud computing software that boosts telecommunications systems must pay state sales taxes for “prewritten software” licensed to New York-based systems.

  • July 26, 2017

    Leased Servers Raised Red Flags, 'Click Fraud' Jury Hears

    Prosecutors inched closer to linking an Italian citizen to a “click fraud” scheme during the second day of trial testimony Wednesday, calling on hack victims and web-hosting professionals to detail the servers the man allegedly leased and used to control hijacked computers.

  • July 26, 2017

    Ticket Co. 'Insider' Ripped For Payout Bid Amid Ponzi Claims

    The U.S. trustee and several unsecured creditors of defunct ticket reseller and suspected Ponzi scheme vehicle National Events Holdings LLC objected to a bid by the company’s minority owner to pocket proceeds from the sale of NEH’s remaining ticket inventory, saying it's unclear if the “insider” was complicit in the alleged scheme.

  • July 26, 2017

    Feds Raise Concern Of Clifford Chance Conflict In FIFA Case

    U.S. prosecutors asked a Brooklyn federal judge Wednesday to hold a hearing to have former FIFA Vice President Jeffrey Webb, who pled guilty last year to charges in the FIFA corruption case, waive a potential conflict of interest with his counsel from Clifford Chance LLP as the firm is also representing a Swiss banker who pled guilty in a related case last month.

  • July 26, 2017

    Beatles Co. Escapes Promoter's Suit Over Concert Footage

    A New York federal judge on Wednesday dismissed a copyright suit against The Beatles’ Apple Corps Ltd. over footage of the band’s iconic 1965 concert at Shea Stadium, ruling that contracts from the time show that the late rock ’n’ roll promoter Sid Bernstein, whose holding company brought the claims, did not have rights to the work.

  • July 26, 2017

    Analyst Gets 45 Months For Insider Trading On ADT Buy

    A bail-jumping former MSD Capital LP analyst was sentenced Wednesday to 45 months in prison for what a New York federal judge called a “classically reckless” and “stupid offense” — trading on inside information about Apollo Global Management LLC’s planned $15 billion acquisition of ADT Corp.

  • July 26, 2017

    SquareTwo Fights Bids To Open Up Class Action Cases

    SquareTwo Financial Services Corp. on Tuesday asked a New York bankruptcy court to deny requests to lift its Chapter 11 litigation stay for a pair of suits alleging illegal debt collection practices, saying there is no money available for the plaintiffs.

  • July 26, 2017

    UN Bribery Trial In 'Uncharted Territory' After Juror Swap

    The fate of Ng Lap Seng, the Chinese real estate moneyman accused of bribing United Nations diplomats, went to a Manhattan jury Wednesday after an unusual juror-for-alternate swap that U.S. District Judge Vernon S. Broderick called a first in his book.

  • July 26, 2017

    Shkreli Loses Bid To Nix Charges After Resting Case

    Attorneys for former Turing Pharmaceuticals and Retrophin CEO Martin Shkreli on Wednesday rested their case without calling any witnesses to testify at his securities fraud trial over allegations he defrauded investors and paid them off with looted company funds, and lost a long-shot bid to dodge the charges.

  • July 26, 2017

    Atty For Fyre Festival Organizer Drops Case For Nonpayment

    Ill-fated entrepreneur Billy McFarland is being dropped by his lawyer for nonpayment in a New York state lawsuit over nearly $1 million in unpaid loans connected to Fyre Festival, a move that comes just weeks after McFarland was indicted and arrested for his role in the doomed production.

  • July 26, 2017

    Linklaters Atty Denies Link To Husband's Alleged Fraud

    The Linklaters LLP associate whose Massachusetts Institute of Technology whiz kid husband is accused of using her law firm's secret information to make illegal bets on two merger targets is a “brilliant lawyer” who denies wrongdoing, her lawyer said Wednesday.

  • July 26, 2017

    GM Appeals Successor Liability Over Nonswitch Claims

    General Motors is appealing a court ruling that widened the scope of its post-bankruptcy responsibility for defects in pre-bankruptcy cars, it said Tuesday, signaling that it will fight allegations of shifting and steering defects as doggedly as it pursued last year's unsuccessful appeals to snuff out liability for a well-known ignition switch defect. 

  • July 26, 2017

    Real Estate Rumors: Rockpoint, NYU Langone, CVS Health

    Rockpoint Group is reportedly buying a Virginia property from Tishman Speyer for $132 million, NYU Langone Medical Center is said to be renewing its lease for 45,000 square feet in Murray Hill and CVS Health is said to be taking nearly 20,000 square feet in New York.

  • July 26, 2017

    Cuomo Inks Law Cinching NY Tribe's Criminal Jurisdiction

    The Saint Regis Mohawk Tribe praised New York Gov. Andrew Cuomo on Tuesday for signing a law that will allow the tribe to assert permanent police authority over an area near the tribe's reservation in the far north of the state that the tribe maintains belongs within its traditional territory.

  • July 26, 2017

    Gottesman Wolgel Steers Hua Nan's $54M Park Ave. Loan

    Gottesman Wolgel Flynn Weinberg & Lee PC represented Hua Nan Commercial Bank Ltd. in connection with its roughly $54 million loan for a Manhattan office property to Beijing investment firm CheerLand Investment Group Ltd., according to records made public in New York on Wednesday.

  • July 26, 2017

    Forbes Seeks To Keep Award Over Ukrainian Magazine Intact

    Forbes Media LLC asked a New York federal judge Tuesday to deny a pair of companies’ bid to vacate an arbitration award that blocked them from publishing the magazine in Ukraine, saying the judge’s decision has the potential to end related litigation in the country.

  • July 26, 2017

    NY High Court Judge's Death Ruled A Suicide

    A trailblazing judge on New York's highest court found dead in the Hudson River in April took her own life, the office of New York City's medical examiner said on Wednesday.

  • July 26, 2017

    Ex-Rep. Grimm Pays Off Penalty In Tax Fraud Case

    Federal prosecutors told a New York federal judge on Tuesday that former U.S. Rep. Michael Grimm, R-N.J., has fully paid the $149,000 in restitution he owed the state and federal governments for underreporting $1 million in sales and wages from his now-defunct Manhattan restaurant.

  • July 25, 2017

    SunEdison Gets Nod For Ch. 11 Plan Confirmation

    SunEdison Inc. cleared a major hurdle Tuesday, securing a New York bankruptcy court’s approval of its plan to exit Chapter 11 through a series of creditor settlements after objections raised by the renewable green energy giant's shareholders and a dissenting member of its unsecured creditors' committee were overruled.

  • July 25, 2017

    Italian In Click Scheme A 'Hacker And Thief,' Jury Told

    An Italian citizen who created a global network of hijacked computers to run an auto-click scheme defrauded online advertisers by exploiting a vulnerability in the storage servers of one of the world’s leading data storage manufacturers to launch the scheme, federal prosecutors told a jury Tuesday.

Expert Analysis

  • CFTC LedgerX Approval Is A Big Step For Bitcoin

    Daniel Nathan

    LedgerX this week became the first platform to operate as both a bitcoin swap exchange and a clearinghouse under the U.S. Commodity Futures Trading Commission’s oversight. This approval removes various previous barriers to widespread trading on bitcoin’s value, say attorneys with Morvillo LLP.

  • Petrobras Renounces 2nd Circ. 'Preference' For Class Cert.

    Jonah Knobler

    The hubbub over ascertainability has obscured another remarkable part of the Second Circuit's Petrobras decision — one that constitutes a major victory for the defense side, says Jonah Knobler of Patterson Belknap Webb & Tyler LLP.

  • 2nd Circ. Offers Insight On 'Class Arbitration' Questions

    Gilbert Samberg

    Beginning with its decision Monday in Jock v. Sterling Jewelers, which upset a lower court’s confirmation of an arbitrator’s “class certification award,” the Second Circuit has now begun to nibble at the question of whether “class arbitration” is ultimately viable, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    The benefits of appointing a chief privacy officer at your law firm are twofold — not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but you are also demonstrating to clients how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • When Safety Features Are Optional, Manufacturers Beware

    Richard Rubenstein

    New York courts have recognized that optional safety features are appropriate under some circumstances — for example, when equipment is operated by trained employees. But the recent ruling in Fasolas v. Bobcat of New York, where the end user was a customer of an equipment rental yard, should concern manufacturers, says Richard Rubenstein of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • NY Cybersecurity Rules: Preparing For The August Deadline

    Theodore P. Augustinos

    On Aug. 28, many entities and individuals regulated by the New York Department of Financial Services, and even those subject to certain of the exemptions, will be required to be in compliance with several of the new cybersecurity regulation’s requirements, says Theodore Augustinos of Locke Lord LLP.

  • How DOL Opinion Letters Are Of Value To Employers

    Amy Traub

    In a welcome change for employers, the U.S. Department of Labor recently announced that it will once again begin issuing and making available to the public its opinion letters. Beyond offering much-needed guidance on the law, this announcement is also helpful to employers that find themselves already in litigation, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • 2nd Circ. Libor Ruling Won’t Slow Cross-Border Enforcement

    Jason Linder

    Many commentators predict the Second Circuit's Allen decision last week will substantially chill the government's cross-border law enforcement efforts, but the truth is that the government won't have to make major changes to its increasingly robust coordination with foreign law enforcement to avoid similar problems in the future, say Jason Linder and John Long of Irell & Manella LLP.