New York

  • May 24, 2017

    State AGs Set Data Security Bar With Record $18.5M Pact

    State attorneys general flexed their privacy muscles Tuesday with a record $18.5 million settlement with Target over the retailer's 2013 data breach, highlighting not only a growing willingness to band together to tackle such issues, but also a desire to lay out specific standards that other businesses would be wise to follow.

  • May 24, 2017

    Ropes & Gray Draws Veteran Securities Atty From Fried Frank

    A 16-year Fried Frank Harris Shriver & Jacobson LLP securities veteran, whose clients have included a Deutsche Bank AG unit and a nonprofit backed by media mogul Barry Diller, has joined Ropes & Gray LLP.

  • May 24, 2017

    Fried Frank Grows NY Office With Finance, Litigation Hires

    Fried Frank Harris Shriver & Jacobson LLP has expanded its New York office with additions to its finance and real estate litigation practices from Cadwalader Wickersham & Taft LLP and Katten Muchin Rosenman LLP.

  • May 24, 2017

    Muzak Parent Files Ch. 15 Amid Canadian Restructuring

    Mood Media, the parent company to in-store media provider Muzak, has asked a New York federal bankruptcy court for Chapter 15 protection while it restructures $650 million in outstanding debt in Canada after suffering financial difficulties caused by technological changes and licensing issues.

  • May 24, 2017

    Judge Mulls Sending Insurers' Arbitration Bid To State Court

    A New York federal judge on Wednesday threatened to kick back to state court efforts from insurance companies to arbitrate a coverage dispute over purported wind damage to an Embassy Suites hotel, finding questions remain over whether the case clears the bar for federal jurisdiction.

  • May 24, 2017

    BNP Paribas Pays $350M To Settle NY Currency Probe

    French bank BNP Paribas was fined $350 million by the New York State Department of Financial Services for lax oversight in its foreign-exchange business that allowed “nearly unfettered misconduct” by more than a dozen employees involved in exchange rate manipulation, officials announced Wednesday.

  • May 24, 2017

    Sippy Cup Maker's Malpractice Beef Looks DOA At 2nd Circ.

    The Second Circuit did not look interested Tuesday in reviving Luv N' Care Ltd.'s legal malpractice beef against its former intellectual property counsel Goldberg Cohen LLP, with one judge eliciting a seeming concession that the sippy cup maker has abandoned large chunks of its case.

  • May 24, 2017

    2 Real Estate Firms Seek IPOs Led By Granite Point

    Granite Point Mortgage Trust Inc., a mortgage real estate investment trust run by asset manager Pine River Capital Management LP, filed an initial public offering Wednesday guided by Orrick Herrington & Sutcliffe LLP, one of two commercial real estate-oriented firms to join the IPO pipeline.

  • May 24, 2017

    Bristol-Myers, Pfizer Made Faulty Blood Thinner, Suit Says

    Bristol-Myers Squibb Co. and Pfizer Inc. created a defective blood thinner that can cause irreversible bleeding and misrepresented the safety of the treatment, according to three separate suits filed in New York state court Monday by patients who suffered blood loss after taking the drug.

  • May 24, 2017

    Mylan, IRS Ink Deal To Avoid Trial On Nebivolol Transaction

    Mylan Inc. and the IRS have struck a last-minute deal to avert a $100 million tax trial relating to the drugmaker's transaction with Forest Laboratories Holdings Ltd. over the antihypertensive compound nebivolol, agreeing on a set of calculations for how to treat the transaction for tax purposes.

  • May 24, 2017

    NY Hospital To Pay $387K Over Patient Data Disclosure

    A New York hospital will pay more than $387,000 to settle a dispute with U.S. health regulators over allegations that it provided federally protected health information to a patient's employer.

  • May 24, 2017

    Cayman Soccer Official Pleads Guilty In FIFA Scandal

    The former general secretary of the Cayman Islands Football Association and attaché to the CONCACAF president pled guilty to money laundering conspiracy in a New York federal court Wednesday, admitting he made wire transfers of bribe money received by the group’s president while avoiding knowledge of the money’s source.

  • May 24, 2017

    ConocoPhillips To Pay $39M To Leave NJ Water Pollution Suit

    ConocoPhillips will pay $39 million to exit federal litigation in which dozens of companies have been accused of polluting New Jersey state waters with methyl tertiary butyl ether, or MTBE, a gasoline additive, according to a deal signed by a New York federal judge on Tuesday.

  • May 24, 2017

    5 Charged With Securities Fraud In CMS Reimbursement Leak

    Three partners at hedge fund Deerfield Management Corp., a consultant and an employee at the Centers for Medicare & Medicaid Services were accused by New York federal prosecutors on Wednesday of sharing and profiting from the government’s confidential plans to lower what it would pay for certain health care treatments.

  • May 24, 2017

    Uber Says It Underpaid NYC Drivers, But Will Refund Them

    Uber Technologies Inc. has been mistakenly underpaying New York City drivers since late 2014, an error that will likely cost the company tens of millions of dollars as it refunds all drivers who took at least one trip since then, Uber said Wednesday.

  • May 24, 2017

    Fox News Blasts Cyberstalking Claim In Bid For Sanctions

    Former Fox News personality Andrea Tantaros’ claims she was cyberstalked by network agents should be tossed and her attorney punished for accusing the network of criminal activity when “minutes” of investigation would have revealed the accusations were baseless, the network told a New York federal court Wednesday.

  • May 24, 2017

    Goldman Says 2 Ex-VPs Started Rival Firm, Poached Clients

    Goldman Sachs & Co. has asked a New York state court to bar two of the firm’s former vice presidents from trying to persuade any more of its customers to jump ship to a new investment advisory business that the pair allegedly set up in secret.

  • May 24, 2017

    State AGs Announce $33M Deal With J&J Over OTC Drugs

    More than 40 state attorneys general on Wednesday announced they have reached a $33 million settlement with Johnson & Johnson and its subsidiary McNeil-PPC Inc. over misrepresentations made regarding the manufacturing practices of common, over-the-counter drugs that had to be recalled, including some children’s medicines.

  • May 24, 2017

    Abbott Eyes Settlement In Ensure Wheat Chunk Choking Case

    A New York woman who says she became "violently ill" and sustained injuries after choking on wheat chunks in a bottle of Ensure Plus is exploring a settlement with the nutrition shake's maker Abbott Laboratories, a Manhattan federal judge heard on Wednesday.

  • May 24, 2017

    Exxon Auditor Must Share Climate Docs: NY Appellate Court

    A New York appellate court on Tuesday upheld a decision to force ExxonMobil's outside auditor PricewaterhouseCoopers LLP to comply with New York Attorney General Eric Schneiderman's demand for documents in his probe of whether the oil giant lied to investors about the climate change risks to its business.

Expert Analysis

  • 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.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.