New York

  • February 27, 2017 Witness Tells Jury Pastor 'Wanted Out' Of Bank Biz

    A cooperating witness told Manhattan jurors Monday that he agreed to help operator Anthony Murgio take over a small New Jersey credit union after Murgio told him he had found a New Jersey pastor, defendant Trevon Gross, who was ready to exit the banking business for a price.

  • February 27, 2017

    3 Groups Certified, Nat'l Class Denied In ‘Flushable’ Wipe Row

    Procter & Gamble, Kimberly-Clark and Costco will have to face three classes of consumers accusing them of mislabeling bathroom wipes that don’t degrade quickly as “flushable” after a New York federal judge on Monday whittled down a pile of related cases and cut out the proposed nationwide class.

  • February 27, 2017

    Manhattan Hospital Sued Over Medical Record Charges

    A former NewYork-Presbyterian hospital patient has sued the Manhattan medical center and a patient file manager, accusing them of charging her double the amount legally allowed under New York state law for copies of her medical records, according to a complaint filed in state court on Friday.

  • February 27, 2017

    Ex-Execs Hit SunEdison Yieldcos With Whistleblower Suits

    A pair of former SunEdison Inc. vice presidents and executives at TerraForm Power Inc. and TerraForm Global Inc. have filed whistleblower complaints in Maryland federal court, accusing the TerraForm entities and various SunEdison officers and directors of conspiring to cover up financial mismanagement that led to SunEdison’s bankruptcy.

  • February 27, 2017

    FDCPA Needs To Cover Debt Buyers, State AGs Tell Top Court

    Attorneys general from New York, California and more than two dozen other states urged the U.S. Supreme Court on Friday to find that debt buyers such as Santander Consumer — which has been accused of unlawfully attempting to collect defaulted car loans it purchased — are covered by the Fair Debt Collection Practices Act.

  • February 27, 2017

    NY Divorce Judge Sued For Spitting On Ex-Mintz Levin Atty

    A divorce judge was hit with an assault and battery lawsuit Friday in New York court accusing him of spitting on the ex-Mintz Levin patent attorney who sued him and filed a complaint with a state judicial conduct panel for how he presided over the lawyer’s divorce proceedings.

  • February 27, 2017

    Avaya Rips 49ers' Performance In Bid To Nix Suite Contract

    Telecommunications provider Avaya Holdings Inc. is seeking to back out of a 10-year commitment to license a San Francisco 49ers stadium suite, highlighting the team’s recent losing seasons in a bankruptcy court filing Friday that says the $350,000 annual payments are an unnecessary burden.

  • February 27, 2017

    'Unprofessional' Atty Avoids Sanctions In MLB TV Settlement

    A New York federal judge on Monday declined to issue sanctions against a Texas attorney who was behind a “meritless” objection to Major League Baseball’s settlement last year to end antitrust claims over game broadcast restrictions, but called his conduct “unfitting for any member of the legal profession.”

  • February 27, 2017

    Ex-Broker Cops To Taking Kickbacks In $131M Stock Fraud

    A stock promoter who took kickbacks to go on television and tout the stock of efficient lighting products maker ForceField Energy Inc. pled guilty in a New York federal court on Monday to one count of conspiracy to commit stock fraud that cost investors $131 million, according to prosecutors.

  • February 27, 2017

    Sullivan & Cromwell Snags Ex-DOJ Antitrust Chief Hesse

    Sullivan & Cromwell LLP said Monday that it has brought on Renata Hesse, the former head of the U.S. Department of Justice’s Antitrust Division, bolstering the firm’s competition and merger clearance capabilities with an attorney experienced in both the private and public sectors.

  • February 27, 2017

    Patriarch Slams Axis' Bid To Avoid Coverage In Tilton Probe

    Lynn Tilton’s Patriarch Partners LLP hit back Friday against claims that it already knew it was the subject of a $20 million U.S. Securities and Exchange Commission probe for fund fraud when it took out $5 million in excess coverage from Axis Insurance Co.

  • February 27, 2017

    Pfizer's $1.1B Bond Can Be Redeemed If US Tax Laws Change

    Pharmaceutical giant Pfizer Inc. late Friday priced a $1.1 billion bond to be sold to institutional investors in Taiwan, a deal that includes a provision that would allow the company to redeem the bond in the event of changes to U.S. tax law.

  • February 27, 2017

    Prevezon Scores 2nd Deposition In $230M Tax Fraud Suit

    Cyprus holding company Prevezon, which is accused of engaging in an elaborate $230 million Russian tax fraud scheme, won its bid to question a key U.S. government witness for a second time after a New York federal judge ruled Monday the witness is a “fulcrum” in the litigation who could undermine or strengthen the company’s defense.

  • February 27, 2017

    GM Defective Tire Suit Remains Stayed After Appeal Bid Fails

    A New York federal judge declined to hear an appeal of an order staying a defective tire product liability claim brought by a couple against General Motors in Georgia state court, saying a bankruptcy court properly retained jurisdiction to interpret and enforce GM's bankruptcy sale and apply a litigation stay.

  • February 27, 2017

    Dewey Cooperator's Sweetened Deal Prompts Subpoena Fight

    Attorneys for two former top executives of Dewey & LeBoeuf LLP and prosecutors for the Manhattan district attorney’s office traded barbs over the weekend about a defense subpoena for information regarding a sweetened deal for the key cooperator in the ongoing criminal saga.

  • February 27, 2017

    Gawker's Founder Asks For Dismissal Of His Ch. 11 Case

    Gawker Media LLC founder Nicholas Denton on Friday asked a New York bankruptcy court to dismiss his Chapter 11 case, saying that his debts either have been resolved through settlements or can be covered with the cash he received from his liquidated shares in Gawker.

  • February 27, 2017

    2nd Circ. Kicks RICO Immigration Case Back To BIA

    The Second Circuit on Friday vacated a Board of Immigration Appeals ruling on an Italian native’s bid for relief under the Convention Against Torture, holding that the board failed to ask an immigration judge to determine when the man stopped violating the Racketeer Influenced and Corrupt Organizations statute.

  • February 27, 2017

    Airlines Back Sabre Contract Ban In $15M Antitrust Win

    Multiple airlines have asked a New York federal court to explicitly prohibit so-called full content clauses in contracts with Sabre and other travel booking systems after a jury had found that the provisions were unlawful and awarded $15 million to US Airways.

  • February 27, 2017

    Dru Hill’s Royalties Suit Against EMI, Sony Falls Flat

    Members of the popular '90s hip hop group Dru Hill couldn’t convince a New York federal judge to advance their suit against music publishers Sony and EMI over allegedly unpaid royalties based on an inability to plausibly allege an enforceable contract, according to a recent decision.

  • February 27, 2017

    Cities, Enviros Urge FERC To Pull Pipeline Project OK

    Several New England municipalities and environmental groups on Friday urged the Federal Energy Regulatory Commission to yank its recent approval of the Atlantic Bridge pipeline project, saying the agency's lack of a quorum will deny them the ability to argue that the project's approval was flawed before construction starts.

Expert Analysis

  • NY High Court Expands Protections For Financial Traders

    David Parker

    The New York high court’s decision in Stonehill Capital Management v. Bank of the West clarifies the extent to which an agreement to buy or sell a financial instrument for which additional written documentation is expected may be enforceable. The decision should give comfort to participants in markets where trading via telephone or other informal means is common, say David Parker and Joshua Bromberg of Kleinberg Kaplan Wolff & Cohen PC.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • How States Might Challenge The OCC's Fintech Charter

    Brian G. Barrett

    Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. Litigation challenging the preemptive effect of the fintech charter would likely involve an interpretation of the limitations on the OCC’s statutory preemptive power, say attorneys with Eversheds Sutherland (US) LLP.

  • Latest Twist In The Merger Objection Lawsuit Saga

    Kevin M. LaCroix

    A New York appellate court’s recent decision in Gordon v. Verizon presents a number of important suggestions on the future direction of merger objection lawsuits, and raises the question of whether New York will become an attractive forum for such cases, says Kevin LaCroix of RT ProExec.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Talking 'Bull': Episode 15, What’s Your Number?

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Benefits Of Bringing Fraudulent Conveyance Actions In NY

    Dale A. Schreiber

    In the forthcoming Trumpian era of expected higher inflation and interest rates, insolvencies of highly leveraged public companies and large privately held concerns will likely increase exponentially. In scenarios involving limited liability entities organized or with principal places of business in New York, the New York Fraudulent Conveyance Act offers a uniquely creditor-friendly tool, say Dale Schreiber and Margaret Dale of Pro... (continued)

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.