New York

  • October 26, 2021

    Popular Twitter User Hit With TRO Over Penny Stock Ploy

    The U.S. Securities and Exchange Commission on Tuesday convinced a New York federal judge to freeze the assets of a popular Twitter user accused of running a $3.4 million scheme in which he manipulated stocks using the social media app.

  • October 26, 2021

    Skadden Strives To Tame Flames In Endo's Opioid Imbroglio

    Scorched by cover-up claims in nationwide opioid litigation, Endo Pharmaceuticals is hoping for heroics from a Skadden squad that is belatedly revealing vast volumes of drug marketing records, a strategy that could simultaneously snuff out some discovery deficiencies and fuel new doubts about the drugmaker's initial transparency.

  • October 26, 2021

    NY Appeals Court Revives Suit Over Child's Ice Rink Injury

    A New York state appeals court on Tuesday revived a personal injury suit by a mother whose 7-year-old daughter's thumb was torn off at a temporary ice rink, finding there is a factual dispute over whether the owners and operators negligently maintained and constructed the rink.

  • October 26, 2021

    Avianca Says It Can Cram Down $200M In Notes In Ch. 11 Plan

    Colombian airline Avianca on Tuesday asked the New York bankruptcy judge overseeing the confirmation hearing for its Chapter 11 plan to find that the terms of its debtor-in-possession financing renders more than $200 million in notes unsecured.

  • October 26, 2021

    Albright Ships Solar Power IP Suit From Texas To SDNY

    FTC Solar can move a patent infringement lawsuit lodged against it over solar technology from Texas to New York after U.S. District Judge Alan Albright found that its license agreement with FCX Solar favors shipping the case off to the Southern District of New York.

  • October 26, 2021

    Jay-Z Invokes Macy's 'Shop-And-Frisk' At Perfume Profit Trial

    Jay-Z's counsel raised a 2013 racial profiling scandal at Macy's as a defense to a perfumer's allegations he failed to promote his cologne at trial on Tuesday after a former perfume executive told a New York state jury that the department store felt "snubbed" by Jay-Z.

  • October 26, 2021

    Feds Unveil Massive 'Darknet' Opioid Trafficking Takedown

    The U.S. Department of Justice and European law enforcement on Tuesday announced a sweeping bust of 150 alleged "darknet" drug dealers that yielded troves of pills, guns and nearly $32 million in cash and cryptocurrency.

  • October 26, 2021

    CBD Retailer Says PayPal Wrongfully Locked Its Accounts

    PayPal unlawfully shut off a Brooklyn retailer's accounts because its new line of CBD oil products violated the digital payment company's policy against the sale of drugs and other consumer risks, according to a lawsuit filed Monday in New York federal court.

  • October 26, 2021

    Kreindler Consultant Says He Will Plead Fifth In 9/11 Case

    A consultant to Kreindler & Kreindler LLP will attempt to plead the Fifth in an upcoming hearing involving the leak of a deposition from multidistrict litigation over the 9/11 terrorist attacks, arguing he had not waived his privilege against self-incrimination through related declarations.

  • October 26, 2021

    DOI To Reconsider Cayuga Nation's Land-Into-Trust Bid

    A D.C. federal judge has paused a lawsuit the Cayuga Nation filed against the federal government over delaying and then denying the tribe's application to have land taken into trust for a bingo hall and other businesses.

  • October 26, 2021

    Pot Edible Snack Lookalikes Put Kids At Risk, AGs Warn

    The attorneys general of New York and Connecticut on Tuesday issued warnings about illegal cannabis edibles in packaging designed to look like well-known snacks and candy, with both citing a nationwide rise in accidental overdoses among children.

  • October 26, 2021

    Judge Tosses Egyptian Torture Suit Against Libyan Officials

    A New York federal judge has dismissed a lawsuit brought by Egyptian citizens who claim that they were tortured under orders of Libyan officials in 2013, ruling that the court doesn't have jurisdiction over four defendants, while one is "cloaked" with diplomatic immunity.

  • October 26, 2021

    Real Estate Rumors: National Retail, Constangy, Gomez

    National Retail Properties is reportedly considering building a 31,139-square-foot Publix in Florida, Constangy Brooks Smith & Prophete LLP is said to be moving to 5,315 square feet in Brooklyn, and Gomez Development Group has reportedly landed $45 million in financing for a Florida medical office project.

  • October 26, 2021

    Feds Say 2003 Deal Shows Ex-Iconix CEO Up To Old Tricks

    Federal prosecutors asked a Manhattan jury Tuesday to find former Iconix Brand Group CEO Neil Cole guilty of orchestrating an $11 million fraud, asserting that Cole's 2003 deal with securities regulators undercuts his claim of ignorance about alleged sham transactions from 2014.

  • October 26, 2021

    NY Gov.'s Office Taps Local Firm To Probe Harassment Claims

    New York City law firm Calcagni Kanefsky LLP has been picked to independently investigate workplace complaints in the New York Governor's Office as part of new anti-harassment and anti-discrimination initiatives in state government, Democratic state Gov. Kathy Hochul announced.

  • October 26, 2021

    Hartford Tells 2nd Circ. To Nix Hospitality Co.'s COVID-19 Suit

    A Hartford unit asked the Second Circuit to reaffirm a trial court's dismissal of a New York hospitality group's COVID-19 coverage lawsuit, noting that its fellow federal appeals courts have so far sided with insurers in such cases.

  • October 26, 2021

    Greensill's Ch. 11 Plan Approved With Trimmed Releases

    The Chapter 11 plan of Greensill Capital received court approval Tuesday in New York, but only after the bankruptcy judge declined to approve aspects of its releases that would have covered non-debtors without the consent of creditors.

  • October 26, 2021

    Judge Tosses Investors' Suit Against Chinese Electric Car Co.

    A New York federal judge dismissed a putative class action suit against Chinese electric car company Kandi Technologies Group on Monday, saying the plaintiffs had failed to show that the defendants deliberately made misstatements on the company's financial reports.

  • October 26, 2021

    Whole Foods Settles Wage Claims By Off-Duty NYPD Cops

    Whole Foods will fork over $185,000 to get out of a proposed class and collective action alleging several businesses and New York City failed to properly compensate NYPD officers who worked an off-duty security program, according to federal court papers filed Monday.

  • October 26, 2021

    Latham, Sidley Steer Claros Mortgage's Planned $134M IPO

    Claros Mortgage Trust laid out plans Tuesday to raise $134 million at the midpoint of its anticipated initial public offering, with Latham & Watkins guiding the company and Sidley Austin counseling the offering's underwriters.

  • October 26, 2021

    Herrick Feinstein Expands Tax Practice With NY-Based Partner

    Herrick Feinstein LLP added a veteran transactional attorney with experience working on a variety of tax, real estate, and merger and acquisition matters, the firm announced Tuesday.

  • October 26, 2021

    NY Man Cops To $2.2M PPP Fraud, Personal Spending Spree

    A New York man who got $2.2 million in fraudulent Paycheck Protection Program loans and allegedly used the money for personal expenses like luxury hotels, restaurants and $17,000 worth of Uber rides pled guilty to two counts of wire fraud in federal court Monday.

  • October 26, 2021

    Donziger Must Go To Jail During Appeal, 2nd Circ. Rules

    The Second Circuit on Tuesday denied disbarred human rights lawyer Steven Donziger's request for bail while he appeals his six-month prison sentence for contempt stemming from a lengthy legal fight with Chevron.

  • October 26, 2021

    Mexican Hotel Operator Posadas Hits Ch. 11 In New York

    Grupo Posadas SAB de CV, the Mexican hotel operator behind brands such as Fiesta Inn, Grand Fiesta Americana, One Hotels and Live Aqua, filed for Chapter 11 protection in New York bankruptcy court Tuesday with a prepackaged plan that would let the hotel chain continue to operate after restructuring most of its debt.

  • October 25, 2021

    Big Banks Beat Investors' Odd-Lot Bonds Antitrust Suit

    A New York federal judge on Monday handed a big win to Bank of America, Wells Fargo, JPMorgan Chase and several other big banks, throwing out for good a proposed class action accusing them of colluding to rig prices for smaller trades of corporate bonds.

Expert Analysis

  • Why State Law Noncompliance Is Federally Risky For Pot Biz

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    The Sixth Circuit's recent U.S. v. Trevino decision, affirming federal marijuana convictions against an unlicensed Michigan dispensary owner, shows how businesses not in compliance with state medical marijuana law risk losing the protection of an appropriations bill amendment that prohibits federal prosecution, says Lloyd Pierre-Louis at Dickinson Wright.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Best Practices As More Retailers Join The Secondhand Space

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    Retailers entering the burgeoning secondhand market face best practice issues that traditional sellers may not be accustomed to considering, including the risk of deceptive reference pricing and extensive regulations under California's secondhand dealer law, say attorneys at Steptoe & Johnson.

  • Opinion

    State Crypto Lending Concerns Point To SEC Action Ahead

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    A growing mix of states have issued enforcement actions and raised concerns around cryptocurrency lending programs, highlighting the inevitability of a U.S. Securities and Exchange Commission sweep of unregistered crypto platforms offering digital lending products, says cybersecurity consultant John Reed Stark.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How Food Safety Ruling Supports FDA Framework

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    The recent New York federal court ruling in Center for Food Safety v. Price, affirming the exemption from U.S. Food and Drug Administration premarket review for substances self-determined to be generally recognized as safe, deals a strong blow to nongovernmental organizations' attempts to remedy the GRAS regulatory framework through the judicial system, says Joseph Dages at Steptoe & Johnson.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

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