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New York

  • September 19, 2018

    NYU Workers, Attys Face Sanction Bid In 2nd ERISA Suit

    New York University has called for sanctions against the NYU workers and attorneys behind a now-dismissed proposed class action alleging Employee Retirement Income Security Act violations, arguing in New York federal court that their suit had been an attempt to avoid unfavorable rulings in an earlier, identical case.

  • September 19, 2018

    Pension Fund Fights Ocwen Bid To Tank ERISA Mortgage Row

    A company accused of profiting by pushing homeowners into foreclosure after the housing bubble burst should have to face claims that its alleged actions violated the Employee Retirement Income Security Act, and companies that helped or watched should too, a pension fund told a New York federal judge Wednesday.

  • September 19, 2018

    GM Criminal Case Ends After $900M Deal, 3-Year Oversight

    The U.S. Department of Justice’s criminal claims that General Motors Co. committed wire fraud and made false statements related to a deadly problem with ignition switches were officially dismissed in New York federal court Wednesday after three years of oversight following a $900 million deal.

  • September 19, 2018

    Inovalon Investor Class Certified In Suit Over IPO

    A New York federal court on Tuesday granted certification to a class of Inovalon Holdings Inc. investors that allege the technology company filed a prospectus ahead of its initial public offering that misled investors regarding the company's revenue stream, while also dismissing some claims on the grounds that the shares were not purchased during the offering.

  • September 19, 2018

    Ex-Mitsubishi Atty Claims Sex Bias Led To Her Ouster

    A Mitsubishi Chemical Corp. unit illegally refused to promote one of its top attorneys to general counsel because of her gender and fired her under false pretenses after she complained about the conglomerate’s discriminatory treatment of women, according to a suit in New York federal court.

  • September 19, 2018

    Liquidators Seek Ch. 15 To Track Cayman Firm's Cash

    The liquidators of a bankrupt Cayman Islands-based investment advisory firm Tuesday asked a New York bankruptcy court to begin Chapter 15 proceedings, saying they need to act to find and protect the U.S. assets they believe the firm has.

  • September 19, 2018

    Mortgage Lenders Seek Appeal Over Venue In Lehman Fight

    Dozens of mortgage loan originators targeted by Lehman Brothers for $1.2 billion in settlement indemnification claims stemming from purchases of shoddy loans asked Tuesday for leave to appeal a decision keeping the adversary suits in New York bankruptcy court, arguing the jurisdictional issue “remains unresolved in the Second Circuit.”

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Real Estate Rumors: Spotify, Carlyle, Sterling Bay

    Spotify has reportedly subleased 85,666 square feet in Manhattan from the Port Authority of New York and New Jersey, a Carlyle venture is said to have sold three Florida self-storage buildings for $100 million and Sterling Bay has reportedly dropped roughly $20 million on a Chicago Fulton Market building.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    Simpson Thacher And Recruiting Firm Settle Payment Row

    Simpson Thacher & Bartlett LLP and a legal recruiter on Tuesday confidentially settled a nearly $1 million dispute in Manhattan federal court over the firm's alleged nonpayment for the placement of a bankruptcy partner, closing the book on a sticky discovery dispute regarding internal firm communications.

  • September 19, 2018

    Allergan Loses 'Meritless' Bid To Gut Restasis Antitrust MDL

    A New York federal judge has shot down Allergan Inc.’s “meritless” effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it’s plausible that the company acted dishonestly to stymie generic competition.

  • September 19, 2018

    2nd Circ. Says Limo Co. Is A Taxicab, Doesn't Owe Drivers OT

    The Second Circuit on Wednesday rejected a Fair Labor Standards Act suit from former drivers of a New York limousine company who claimed they were shorted on overtime, saying the company essentially operated a taxicab business so its drivers were exempt from overtime.

  • September 19, 2018

    Ex-Yukos Shareholders Want White & Case Docs In $50B Row

    Former shareholders of OAO Yukos Oil Co. asked a New York federal court to let them subpoena White & Case LLP and its chairman, Hugh Verrier, for information to be used in a closely watched appeal in the Netherlands to revive $50 billion in arbitral awards issued against Russia following the country's 2007 dismantling of the oil giant.

  • September 19, 2018

    Ex-NYPD Cop Gets 4 Years For ID Theft, Credit Card Fraud

    A 27-year-old former New York City police officer assigned to the transit system's anti-terrorism unit was sentenced Wednesday to four years in prison for a campaign of identity theft and credit card fraud by a Manhattan federal judge who challenged his assertion that he stole out of dire financial need.

  • September 18, 2018

    Catholic Orgs To Pay $27.5M For Reported Abuse, Attys Say

    The Roman Catholic Diocese of Brooklyn and a local after-school program have agreed to pay $27.5 million to end a suit in New York state court from four males who say they were abused by a local church worker as children, the plaintiffs' attorneys said Tuesday.

  • September 18, 2018

    Looking Back On Lehman’s Decade In Bankruptcy

    Ten years after filing the largest bankruptcy in history, Lehman Brothers is still returning money to creditors as a staff of 80 administers what remains of the investment bank that collapsed with over $600 billion in assets. Here, Law360 recaps Lehman’s stay in bankruptcy and the lessons it taught.

  • September 18, 2018

    Nixing Bonuses, Judge OKs Health Co.'s Ch. 11 Financing

    A New York bankruptcy judge gave health screening company Provant Health provisional approval for its debtor-in-place Chapter 11 financing Tuesday, but turned down its proposal to pay up to $650,000 in bonuses to be split among four top executives.

  • September 18, 2018

    Chevron Wants Donziger Jailed In Fight Over $9.5B Fine

    Chevron Corp. told a New York federal court that attorney Steven Donziger, who helped procure a fraudulent $9.5 billion judgment in Ecuador over pollution in the Amazon, should be jailed if he continues refusing to transfer his interest in the proceeds of that judgment to Chevron.

  • September 18, 2018

    Christie Critic Seeks To Revive GWB Scandal Complaint

    Counsel for an activist urged a New Jersey state appellate panel Tuesday to revive his criminal complaint accusing former Gov. Chris Christie of official misconduct over an alleged scheme to reduce local access lanes to the George Washington Bridge for political revenge, saying the prosecutors who dismissed the case had a conflict of interest.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • NY Nonqualified Deferred Comp Rules Ripe For Challenge

    Zal Kumar

    Asset managers may be reporting significant amounts of deferred compensation on their 2017 federal partnership returns this year under Section 457A of the Internal Revenue Code. Managers may not be thinking about the New York state and New York City tax consequences of such income inclusion required at the federal level — but that would be a mistake, say attorneys at Mayer Brown LLP.

  • NY Revives Fair Lending Risks For Indirect Auto Lenders

    Melanie Brody

    The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.

  • Cayman Derivative Cases Brought Overseas Still Face Hurdles

    Peter McMaster

    Two court decisions within the past year have simplified the process for bringing derivative claims outside the Cayman Islands on behalf of Cayman companies, as shareholders no longer need permission from a Cayman court. However, such claims still face two difficulties, say Peter McMaster and Anna Snead of Appleby.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.