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New York

  • December 12, 2018

    Bad Jury Instructions Nix Defense Verdict In Patient Death Suit

    A New York appellate panel on Wednesday vacated a jury’s decision to clear an anesthesiologist of causing a patient’s death by failing to clear a blocked breathing tube in a timely manner, saying the jury was given improper instructions regarding the “emergency doctrine.”

  • December 12, 2018

    2nd Circ. Agrees Xerox Worker's Benefits Claim Was Too Late

    A Second Circuit panel on Wednesday handed a win to a Xerox retirement benefit plan in a retired employee’s suit claiming that an offset mechanism was used to wrongly reduce his pension benefits, finding he brought a benefits denial claim too late.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    NY AG Gets Emblem To Cover Gender Reassignment Surgery

    Nonprofit insurer EmblemHealth has agreed to cover gender reassignment surgery and reimburse policyholders who paid for surgery out of pocket after being denied coverage, the New York attorney general’s office announced Wednesday.

  • December 12, 2018

    UBS Balks At Whistleblower Case's $3.2M In Attys' Fees

    UBS Securities asked a New York federal judge Tuesday to reject a “jaw-dropping” and “excessive” $3.2 million in attorneys' fees requested by a former analyst who won a $1 million verdict in his whistleblower trial under representation by Herbst Law PLLC and Broach & Stulberg LLP.

  • December 12, 2018

    NY Pirate Radio Operator Arrested After FCC Tip

    A pirate radio operator in Westchester, New York, has been busted by local authorities working off a tip from the Federal Communications Commission, the agency announced Wednesday, marking a rare arrest in an enforcement arena that is usually limited to fines and seizures.

  • December 12, 2018

    Synergy Pharma Files Ch. 11, Bausch Health Offers $200M Bid

    Biopharmaceutical company Synergy Pharmaceuticals Inc. filed for Chapter 11 in New York bankruptcy court on Wednesday, with plans to shrug off its $130 million debt load by selling itself to Bausch Health Companies Inc. for an opening bid of roughly $200 million.

  • December 12, 2018

    Nigerian Oil Co. Says $2.67B Award Can't Be Enforced

    Nigeria's state-owned oil company urged a New York federal court on Tuesday to toss a bid filed by units of ExxonMobil Corp. and Royal Dutch Shell PLC to confirm a $2.67 billion arbitral award they won following a dispute over a deepwater drilling deal, arguing that the award was set aside in Nigeria and is unenforceable.

  • December 12, 2018

    Fla. Hotel Escapes ADA Suit After Disabled Woman Pulls Out

    A Florida federal court Wednesday dismissed a suit against a resort filed by a disabled woman who alleged its website fails to provide the required accessibility information under the Americans with Disabilities Act, handing down the order after she asked that the case be dismissed.

  • December 12, 2018

    Greenberg-Led Blank Check Co. Schultze Snags $150M In IPO

    Schultze Special Purpose Acquisition Corp. began trading on the Nasdaq Wednesday after taking in $150 million through an initial public offering guided by Greenberg Traurig LLP.

  • December 12, 2018

    Cayuga Nation Secures Win In NY Property Tax Row

    A New York federal court judge sided with the Cayuga Indian Nation Tuesday in a long-running dispute with Seneca County over the collection of property taxes on land owned by the tribe, finding that the tribe’s sovereign immunity protects it from the suit.

  • December 12, 2018

    NYCLU Wants Feds' Docs On Bonds For Immigrant Detainees

    A New York federal court should order the Trump administration to detail how it determines whether to recommend that detained immigrants be released on bonds, according to the New York Civil Liberties Union, which believes an algorithm change has prompted detention lengths to increase.

  • December 12, 2018

    Activist Elliott Slams 'Lack Of Outside' Voices At Pernod

    Activist hedge fund Elliott Management Corp. revealed its latest campaign Wednesday, calling on French wine and spirits maker Pernod Ricard SA to remedy the family-backed company’s poor performance by addressing corporate governance issues and its “lack of outside perspective.”

  • December 12, 2018

    Sports Magnate Facing US Soccer Subpoena In Antitrust Row

    The U.S. Soccer Federation says it plans to subpoena a former North American Soccer League board member who owns the league's Miami team to testify in an antitrust dispute in New York federal court, continuing its crusade to depose the sports magnate in the face of staunch pushback from the league.

  • December 12, 2018

    2nd Circ. Rules Digital Music Resales Are Illegal

    Online services can’t resell digital music the same way used record stores resell albums, the Second Circuit ruled Wednesday, saying such resales involve illegally reproducing copyrighted works.

  • December 12, 2018

    National Enquirer Co. Admits Covering Up Trump Affair Story

    American Media Inc., which publishes the National Enquirer, has admitted to paying a woman $150,000 in order to help President Donald Trump hide his alleged affairs and bolster his chances of being elected president, federal prosecutors revealed on Wednesday.

  • December 12, 2018

    Cohen Gets 3 Years For Russia Lies, Paying Trump Women

    A Manhattan federal judge sentenced Michael Cohen, President Donald Trump's former lawyer, to three years in prison Wednesday for a “smorgasbord” of crimes, including paying off two women who said they had affairs with the president, lying to Congress about Russia, and dodging taxes on $4.1 million of income.

  • December 11, 2018

    Barclays Prevails In Hedge Fund's Breach-Of-Contract Suit

    More than a year after taking the matter up in a bench trial, a Manhattan judge has found in favor of Barclays PLC in a decade-old suit brought by a unit of hedge fund Black Diamond Capital Management LLC over whether the bank defaulted on a derivatives contract in the height of the 2008 financial crisis.

  • December 11, 2018

    2nd Circ. Gives Goldman 2nd Shot At Class Cert. Appeal

    The Second Circuit on Tuesday granted Goldman Sachs' petition — for a second time — to appeal a New York federal judge's decision to grant class certification to investors claiming the Wall Street giant lied about its ethical compliance efforts just before losing $1 billion in securities known as collateralized debt obligations.

  • December 11, 2018

    Subway Franchisee Gets OK For $80K Sex-For-Hire Suit Deal

    A Subway restaurant franchisee will pay $80,000 to end the U.S. Equal Employment Opportunity Commission’s suit alleging that one of its general managers sent two teenage girls texts offering to hire them in exchange for sex, with a New York federal judge approving the deal on Monday, six months after sending the case to trial.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • TC Heartland's Impact In 2018

    Alex Chachkes

    The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Walters Case Commands Tougher Cure For Gov't Misconduct

    Harry Sandick

    In U.S. v. Walters, a Second Circuit panel determined last week that professional gambler William Walters was not prejudiced by repeated FBI leaks of confidential grand jury information. There is a risk that the government may draw the wrong conclusion from this decision, say Harry Sandick and Danielle Quinn of Patterson Belknap Webb & Tyler LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Negotiating Access To Neighboring Properties In NYC

    Jeffrey Reich

    Due to the requirements of state law and properties' close proximity to one another, the need for well thought-out agreements providing license to access adjoining properties is the rule — not the exception — in New York City, says Jeffrey Reich of Schwartz Sladkus Reich Greenberg Atlas LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.