New York

  • September 28, 2020

    Judge Asks FBI To Swear It Didn't Use Spy Tool On Reporters

    A New York federal judge cast a skeptical eye on the government's vague promise that it had found no records of deploying a powerful spy tool against journalists, asking an FBI official on Monday to swear that the records do not exist.

  • September 28, 2020

    Energy Giants Agree To Make EEOC Diversity Data Public

    New York City's comptroller announced Monday that several energy industry giants, including Chevron and ConocoPhillips, are among nearly three dozen companies that will publicly release their workforce data in an effort to make good on promises to promote equality.

  • September 28, 2020

    Before High Court, NY Rips Trump's 'Flip-Flopping' On Census

    A coalition challenging President Donald Trump's push to exclude unauthorized immigrants from population counts for political redistricting following the 2020 census slammed the government's bid to speed up its appeal before the U.S. Supreme Court on Monday.

  • September 28, 2020

    Gartner Seeks To DQ Norton Rose In $340M Coverage Suit

    Global research firm Gartner Inc. has moved to disqualify Norton Rose Fulbright LLP from representing U.S Specialty Insurance Co. in three federal disputes over up to $340 million in insurance coverage for events canceled because of COVID-19, saying that Gartner is a client of the law firm and did not consent to the conflict.

  • September 28, 2020

    Saks Defeats Ex-Sales Worker's Medical Leave Suit

    Saks & Co. defeated a former sales worker's claims that the luxury retail chain illegally penalized and fired him for taking intermittent leave under the Family and Medical Leave Act, with a New York federal judge ruling Monday that the company's actions were entirely justified.

  • September 28, 2020

    NY Judge Grants Cert. To Workers At West Village Eatery

    A New York federal judge has certified a class of workers at the West Village restaurant One if by Land, Two if by Sea, who are suing the historic eatery for unpaid wages under the New York Labor Law, according to an order and opinion filed Sunday.

  • September 28, 2020

    Dem Sens. Blocking Trial Court Picks Amid High Court Fight

    As Democrats protest Republican plans to quickly replace U.S. Supreme Court Justice Ruth Bader Ginsburg before Election Day, several Democratic senators are blocking consideration of district court nominees for their states, including two in New Mexico and potentially six in New York.

  • September 28, 2020

    CUNY Must Face Fired Professor's Retaliation Claims

    The City University of New York must face a former professor's retaliation lawsuit, a New York federal judge has ruled, finding she made enough of a case to proceed with claims that she lost her job because she accused university officials of disability discrimination.

  • September 28, 2020

    Goodwin Seeks $1.5M For Work On GM Ignition Litigation

    Goodwin Procter bankruptcy attorneys representing the co-lead plaintiffs in multidistrict litigation against General Motors over faulty ignition switches said Monday that they should be paid $1.5 million from a counsel fee fund created in a proposed $120 million settlement with the carmaker in New York federal court.

  • September 28, 2020

    Warner Music Hit With Putative Class Action Over Data Breach

    Warner Music Group Corp. has been cutting corners on security measures for its online music stores, a failure that led to a major data breach in which hundreds of thousands of customers had their credit and debit card information stolen by hackers, a customer told a New York federal court Friday.

  • September 28, 2020

    Arrest Ordered For Pa. Man Who Allegedly Threatened Judge

    A Manhattan federal judge on Monday ordered the arrest of a man accused by federal prosecutors of taking to Facebook to threaten a Johnstown, Pennsylvania, federal judge, following the man's alleged return to social media with continuing threats while out on bail.

  • September 28, 2020

    Chinese Fintech Co. Must Face Suit Over Post-IPO Regs

    A New York federal judge on Sunday said Beijing-based Jianpu Technology Inc. will have to face a proposed class action alleging it hid impending government regulations that could hurt its operations before its initial public offering.

  • September 28, 2020

    2nd Circ. Tosses Remaining 9/11 Cleanup Injury Suits

    The Second Circuit on Monday threw out the last remaining injury suits stemming from cleanup of the Sept. 11, 2001, terrorist attacks, finding that even if the workers proved their case, a prior settlement means they couldn't recover any money from a judgment against the Battery Park City Authority.

  • September 28, 2020

    NYC Teachers' Push To Work Remotely In Pandemic Falls Flat

    A state court judge threw out a suit Friday from New York City schoolteachers who wanted to be able to work remotely through the end of 2020 or until a COVID-19 vaccine becomes available, declining to second-guess the city department's plan for school reopening.

  • September 28, 2020

    Skadden-Led Granite Point Closes On $300M Financing

    Mortgage real estate investment trust Granite Point, guided by Skadden, said Monday that it's secured up to $300 million in financing from funds managed by Pacific Investment Management Co. in the form of loan facilities and warrants to buy its common stock.

  • September 28, 2020

    NY Man Charged With COVID-19 Price-Gouging To Donate PPE

    A New York sneaker salesman who was charged with hoarding and price-gouging personal protective equipment amid the COVID-19 pandemic has agreed to donate over $400,000 worth of medical items to hospitals and health care providers as part of a deferred prosecution agreement.

  • September 28, 2020

    Pa. Judge Latest To Block Changes For The Postal Service

    A Pennsylvania federal judge on Monday became the latest to order the U.S. Postal Service to halt recent operational changes over concerns that it has delayed mail service and threatened to prevent the timely delivery of an expected deluge of mail-in ballots as part of the upcoming presidential election.

  • September 28, 2020

    Capital One Escapes Cardholders' New York Usury Claims

    A federal judge in Brooklyn on Monday threw out a suit alleging Capital One collected interest from consumers at unacceptable interest rates, finding that federal, not state, law applies to the case.

  • September 27, 2020

    How Law Articles And A Viral Clip Got Barrett The Nomination

    For 15 years, Amy Coney Barrett quietly built the reputation as a conservative legal scholar that earned her a nomination to the Seventh Circuit. Then came the viral moment during her Senate confirmation hearing that made her a star.

  • September 27, 2020

    What Happens Now That Amy Coney Barrett Is The Nominee

    Republican senators over the weekend vowed that Judge Amy Coney Barrett will join the U.S. Supreme Court before Election Day, a promise that will require the fastest confirmation process since 1981.

  • September 26, 2020

    Judge Amy Coney Barrett: 7th Circ. Decisions To Know

    Judge Amy Coney Barrett is a devout Catholic and a law professor who has developed a conservative record in her relatively brief time on the Seventh Circuit. As a fierce election-year battle looms over her confirmation, here are some telling opinions, dissents and decisions she has written.

  • September 26, 2020

    Among Democrats, A Growing Appetite To Alter High Court

    Vows from President Donald Trump and the Republican-led Senate to quickly confirm Judge Amy Coney Barrett as Justice Ruth Bader Ginsburg's replacement are likely to unleash liberal efforts to add seats or restrictions to the high court — ideas dismissed as risky or wild just months ago.

  • September 26, 2020

    What A 6-Vote Majority Would Mean For The Supreme Court

    Judge Amy Coney Barrett would give conservatives a supermajority on the U.S. Supreme Court and clear the way for broad Republican victories in the areas of affirmative action, abortion and more, experts say. Here, we look at what to expect from a 6-3 court.

  • September 26, 2020

    Judge Barrett Worth Nearly $2M, Disclosures Show

    Seventh Circuit Judge Amy Coney Barrett was worth $1.9 million in 2017, according to the most recently available financial disclosures from the U.S. Supreme Court nominee that were made public by watchdog group Fix the Court.

  • September 26, 2020

    A History Of Supreme Court Confirmations In 3 Charts

    What does it take to get a Supreme Court nominee confirmed? If history is any guide, the path to the high court can have some surprising twists and turns. In this data deep-dive, Law360 examines the road more than 100 high court justices have taken to the bench.

Expert Analysis

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • What To Know About DOL's Revamped Virus Paid Leave Rule

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    While the U.S. Department of Labor’s recent revisions to its Families First Coronavirus Response Act paid leave rule reaffirm the agency’s commonsense application of the work availability requirement and carefully balance employer operational needs with worker requests for intermittent time off, legal and practical questions remain, say attorneys at Littler.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • What NY Tax Ruling Means For Solar Power Developers

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    While a New York state appeals court recently ruled in Cornell University v. Board of Assessment Review that a solar photovoltaic system is taxable real property, solar developers may be able to mitigate this tax burden with careful planning, says Kaitlin Vigars at Phillips Lytle.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • NY's Proposed Antitrust Laws Are Out Of Sync With US Law

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    New York's recently proposed set of competition laws, which aim to place New York antitrust enforcers on par with their federal counterparts by giving them the ability to challenge unilateral anti-competitive conduct, are based on underlying policies and economic theories largely rejected by federal legislation and courts, says Pat Pascarella at Kilpatrick.

  • Now Is The Time To Engage With NY Climate Reg Process

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    New York state is rapidly mobilizing to implement the extraordinary greenhouse gas emission reductions required by the Climate Leadership and Community Protection Act, so stakeholders must engage quickly to influence how the law's broad mandates are turned into enforceable regulations, say Kevin Healy and Philip Karmel at Bryan Cave.

  • Perspectives

    COVID-19 Crisis Should Steer NY Toward Better Court System

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    Over the last six months, it has become clear that many New York court proceedings can happen remotely, and we can use these new technological capabilities to create a more humane, efficient and economically responsible court system, says Joseph Frumin at The Legal Aid Society.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • The Dollars And Sense Of Antitrust Class Certification: Part 2

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    Detailed analysis of the Third Circuit's Lamictal ruling in the context of other recent pharmaceutical antitrust decisions clarifies when experts can use average prices to demonstrate classwide harm in order to sustain or defeat class certification, say Justin Cohen and Thu Hoang at Wilson Sonsini.

  • Lehman Ruling Continues Bankruptcy Safe Harbor Expansion

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    The Second Circuit's recent rejection of Lehman Brothers' post-bankruptcy attempt to recover nearly $1 billion in noteholder payments continues the recent amplification and expansion of the Bankruptcy Code safe harbor provisions, providing clarity on the right to liquidate for parties to protected agreements, say attorneys at Cadwalader.

  • 2 Real Estate Financing Concepts To Review During COVID-19

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    COVID-19 will likely continue to bring a significant increase in distressed real estate financings, so parties should carefully draft late charge and default rate interest provisions to ensure that they are enforceable as intended, say Steven Herman and Eunji Jo at Cadwalader.

  • 8 Borrower Considerations For SOFR Loan Documentation

    Excerpt from Practical Guidance
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    As the market works out how to document loans that provide for interest accruing at a rate based on Libor’s successor, expect certain borrower proposals for Secured Overnight Financing Rate credit agreements to prompt disagreement among lenders, says David Duffee at Mayer Brown.

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