New York

  • March 16, 2018

    Test Of Percoco Verdict Will Shape Corruption Law

    New York Gov. Andrew Cuomo’s former aide Joseph Percoco took a blow recently in one of the first trials to produce a bribery conviction post-McDonnell, but its impact on public corruption cases will depend on whether such jury verdicts can pass muster before more discerning appeals courts.

  • March 16, 2018

    NY Docs Got Lap Dances, Booze From Insys, DOJ Says

    Five New York doctors prescribed a potent painkiller sold by Insys Therapeutics Inc. in exchange for money and lavish kickbacks, including lap dances and liquor that two of the doctors accepted, the U.S. Department of Justice said in a felony indictment unsealed Friday.

  • March 16, 2018

    Smuckers Subsidiary Sued Over Drug In Dog Food

    A New York dog owner filed a putative class action in federal court on Friday against the Smucker's-owned company that make Kibbles 'n Bits dog food, claiming the food was falsely touted as safe even though it was contaminated with a drug used to euthanize animals.

  • March 16, 2018

    Zarrab Says Former Cellmate's Rape Allegation Is 'Fiction'

    A jailhouse-rape suit lodged against Reza Zarrab, the famed Turkish-Iranian trader who admitted to participating in a sanctions-evasion scheme benefiting the Iranian government, is fiction, Zarrab's lawyer said Friday.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    How To Minimize Legal Risk When Firing Alleged Harassers

    Conductor James Levine's decision to sue the New York Metropolitan Opera on Thursday after he was fired over allegations he molested young musicians shows employers not only run the risk of being sued when they ignore allegations of workers' misconduct, but when they take action as well. Here, Law360 looks at ways employers can minimize legal risks when cutting ties with an accused harasser.

  • March 16, 2018

    Title VII, NYC Law Differ On Damages, 2nd Circ. Says

    The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Ga. Plant Owners Seek Return Of Cash From Westinghouse

    Georgia Power, co-owner of a nuclear power project whose fate has been intertwined with Westinghouse’s bankruptcy, told a New York bankruptcy court on Thursday that proposed Westinghouse reorganization plan language should be revised to reflect that the plant’s owners have dibs on up to $57.5 million sitting in a bank account.

  • March 16, 2018

    Consumer Drops Morton Williams ADA Row After Inking Deal

    A consumer on Thursday dropped her New York federal suit claiming that supermarket chain Morton Williams violated the Americans with Disabilities Act by failing to make its website accessible to blind or visually impaired users, after counsel for both sides said they had reached a confidential settlement.

  • March 16, 2018

    No Sanctions For Ex-Fox News Host, Atty In Cyberstalk Suit

    A federal judge declined Friday to impose sanctions against former Fox News personality Andrea Tantaros and her ex-attorney in the TV host’s suit alleging the network cyberstalked her after she complained about sexual harassment, saying the court wouldn’t describe Tantaros’ claims as “clearly frivolous.”

  • March 16, 2018

    Enron Debt Investors Push Back On Banks' Quick Win Bids

    A group of investment funds seeking to hold Merrill Lynch, Deutsche Bank and Credit Suisse responsible for losses stemming from the infamous 2001 collapse of Enron Corp. have urged a New York federal judge to let their 15-year-old case proceed to trial, battling back against the banks’ latest efforts to slip the suit.

  • March 16, 2018

    Real Estate Rumors: Westbrook, AJ Capital, Carpe

    Westbrook Partners has reportedly taken a stake in an HFZ Capital New York project, AJ Capital is said to have scored $60 million in financing for a Roosevelt Island hotel project, and Carpe Real Estate Partners has reportedly bought a Miami development site for $14 million.

  • March 16, 2018

    AIG Asks 9th Circ. To Ax Disney 'Pink Slime' Arbitration

    AIG Specialty Insurance Co. urged the Ninth Circuit on Friday to reverse an order allowing Walt Disney Co. to arbitrate a dispute over the coverage of $25 million of an undisclosed settlement with a beef company that sued over ABC’s characterization of its “lean finely textured beef” as “pink slime.”

  • March 16, 2018

    Chrysler Slips Punitive Damages Claim In Ch. 11 Ruling

    A New York bankruptcy judge on Thursday dismissed a punitive damages claim from a suit over a 2014 car crash involving a Fiat Chrysler vehicle, saying the claim is barred by a 2009 sale order for Old Chrysler after its bankruptcy.

  • March 16, 2018

    Stock-Drop Suit Targeting HeartWare Survives Dismissal Bid

    A Manhattan judge declined to toss a fraud action targeting medical device maker HeartWare International Inc. Friday, holding that former workers, who said the company didn't come clean about problems with its flagship heart pump product, gave plausibility to claims that investors were misled.

  • March 16, 2018

    Simpson Thacher Guides Brightstar’s $710M Inaugural Fund

    Simpson Thacher & Bartlett LLP guided New York-based Brightstar Capital Partners on the private equity shop’s first ever fund, racking up more than $710 million in commitments from a diverse group of investors, the company announced Friday.

  • March 16, 2018

    5Pointz Artists Want $2.6M In Attys’ Fees After Big Win

    Following a ruling that a New York City developer violated federal law when he demolished the famed graffiti space 5Pointz, the street artists behind the site demanded Thursday he repay their whopping $2.6 million legal bill.

  • March 16, 2018

    Reinsurance Execs Can Arbitrate $50M RICO Suit, Judge Says

    A New York federal judge Tuesday sent a $50 million Racketeer Influenced and Corrupt Organizations Act case against three reinsurance executives to arbitration, saying the arbitration clause in the reinsurance agreement applies to them as well as their company.

  • March 16, 2018

    NY Watchdog Fines Insurer $750K Over Accident-Only Sales

    New York financial regulators announced a $750,000 fine for the U.S. arm of Australian insurer QBE on Thursday in connection with sales of accident-only insurance policies to college students, a practice outlawed in 2014 and which the company has now stopped.

Expert Analysis

  • Virtual Currency As Commodity: From Coinflip To McDonnell

    Douglas Arend

    Through a series of public statements and judicial opinions beginning with the 2015 Coinflip action and progressing to a New York federal court’s decision in McDonnell this month, the U.S. Commodity Futures Trading Commission has established itself as the primary regulator of virtual currencies, notwithstanding the absence of clear statutory authority, say Douglas Arend and Jeffry Henderson of Greenberg Traurig LLP.

  • Are ICOs In The Crosshairs Of New York’s Martin Act?

    Daniel Alter

    Although much attention has been paid to the U.S. Securities and Exchange Commission’s actions in the initial coin offering space, little thought has been given to the applicability of New York’s own securities fraud statute. That could be a serious oversight, says Daniel Alter of Murphy & McGonigle PC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • A Circuit Split On Pleading Standard For Title IX Claims

    Brooke Deardurff

    The Sixth Circuit’s recent decision in Doe v. Miami University is most notable for its refusal to adopt the Second Circuit’s ruling in Doe v. Columbia University, a case that addressed similar causes of action by a male student the university found responsible for sexual misconduct, say Brooke Deardurff and David Gartenberg of Littler Mendelson PC.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • A Potential Shift On Education Debt Discharge Standards

    Amir Shachmurove

    To its detractors, the so-called Brunner test, which is used to establish the dischargeability of student loan debts, stands out like a sore thumb. However, in an unexpected move, the U.S. Department of Education recently published a memo calling for comments that hinted it might be considering eliminating or modifying this standard, say attorneys with Troutman Sanders LLP.

  • Why Sexual Harassment Victims Face Class Action Hurdles

    Daniel Messeloff

    The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.

  • Copyright Ruling May Encourage Willful Infringement

    Terry Parker

    A New York federal court recently found Shoshanna Collection liable for willful copyright infringement and awarded FameFlynet statutory damages in the amount of $750. Trebling licensing fees as a measure for statutory damages may sound sensible. But it is contrary to the Copyright Act and Second Circuit law, says Terry Parker of Rath Young Pignatelli PC.