New York

  • September 21, 2020

    NY Gov. Extends Commercial Eviction Hold Through Oct. 20

    Commercial evictions will remain on hold in New York City at least through Oct. 20, following an executive order by Gov. Andrew Cuomo extending emergency coronavirus protections statewide.

  • September 21, 2020

    REIT Inks $56M Sale-Leaseback Deal With Florida Pot Co.

    Cannabis-focused real estate investment trust Innovative Industrial Properties Inc. said Monday it closed a $56 million sale-and-leaseback deal with a Florida cannabis company, committing to fund major expansions to its greenhouses and production lines.

  • September 21, 2020

    Asbestos Liability Fight Brewing In Garrett Motion Ch. 11

    The Chapter 11 case of auto parts maker Garrett Motion Inc. got off to a rocky start Monday in New York when former parent company Honeywell International Inc. alleged the bankruptcy proceeding was filed as a way for the debtor to escape more than $1 billion in asbestos liability.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Old Dominion Courts Emerge As New Bankruptcy Hot Spot

    With a small bench of two experienced judges accustomed to handling sophisticated Chapter 11 cases, the Eastern District of Virginia is emerging as a go-to filing destination for many distressed companies, challenging Delaware and New York as the traditional bankruptcy venues. But experts say the Old Dominion isn't going to dethrone the big two — yet.

  • September 18, 2020

    In Her Own Words: 4 Of Ginsburg's Strongest Bench Dissents

    As the senior member of the Supreme Court’s often frustrated minority, Justice Ruth Bader Ginsburg’s iconic voice in recent years often sounded in dissent — particularly in politically divisive cases, such as abortion, voting rights and the Affordable Care Act. Here is some of the most pointed language from those now classic dissents.

  • September 18, 2020

    With The Passing Of Ginsburg, The Left Loses An Icon

    With the death of Justice Ruth Bader Ginsburg, the court's liberal wing loses her vote, her unique voice in the most politically divisive cases, and her talent for having the last word.

  • September 18, 2020

    Feds Say 2nd Circ. Ruling Bolsters Halkbank Sanctions Case

    Federal prosecutors told a New York federal court Friday that the Second Circuit's recent decision to affirm a top Halkbank executive's conviction in and of itself incriminates the Turkish state-owned bank in an alleged sanctions evasion conspiracy, sinking its bid to dismiss the indictment.

  • September 18, 2020

    Revlon Sees Suit Over Flawed Software Rollout Tossed

    A New York federal judge on Thursday tossed a proposed class action that alleged cosmetics company Revlon and its executives misled investors about problems with its new software, citing the "abundant disclosures" Revlon made about the flawed rollout.

  • September 18, 2020

    NY Man Charged With Death Threats To DC Federal Judge

    A New York man is facing criminal charges for threatening to murder a D.C. federal judge and his staff, according to a recently unsealed two-count grand jury indictment.

  • September 18, 2020

    Justice Ginsburg, 87, Dies Of Cancer Complications

    Justice Ruth Bader Ginsburg, the longest-serving liberal member of the U.S. Supreme Court, has died, the court announced Friday night, opening a Supreme Court vacancy in a contentious election year. She was 87.

  • September 18, 2020

    Fox News Says Milwaukee Hilton Must Refund DNC Rooms

    Fox News on Thursday slammed a Milwaukee-area Hilton for allegedly refusing to refund more than $100,000 the network spent on hotel rooms for its staff to cover the Democratic National Convention, which ended up shifting to an online event because of COVID-19.

  • September 18, 2020

    MLB, Yankees Ask 2nd Circ. To Keep Sign-Stealing Doc Secret

    Major League Baseball and the New York Yankees urged the Second Circuit to block the release of a 2017 letter about a league investigation into sign-stealing allegations, arguing it could harm the team's reputation and doesn't bolster a suit by fantasy sports consumers who claim they were duped by cheating scandals.

  • September 18, 2020

    Market Research Firm Accused Of Being 'Good Old Boys' Club

    Market research company Information Resources Inc. and one of its executives discriminated against women and people of color, giving them lower pay and more work despite claims about valuing diversity, according to a proposed collective action filed Friday in New York federal court.

  • September 18, 2020

    As NJ Readies Tax Hike On Rich, NY's Cuomo Holds Caution

    New York Gov. Andrew Cuomo's administration is cautioning against calls to increase taxes on millionaires after New Jersey leaders struck a deal to increase taxes on that state's high-earners, noting that New York's richest residents likely pay a higher rate.

  • September 18, 2020

    Stark Amron Steers $33M Manhattan Multifamily Loan

    BankUnited has loaned roughly $33.3 million to a Stellar Management entity for a multifamily property on West 81st Street in Manhattan with Stark Amron & Liner working on the matter, according to records made public in New York on Friday.

  • September 18, 2020

    Kaplan Fox Nabs Lead In Investors' Rapid Virus Tests Suit

    Kaplan Fox & Kilsheimer LLP will represent a proposed class of investors in a suit alleging hospital contractor SCWorx "overstated or entirely fabricated" its announcement in April that it would soon earn millions weekly by supplying COVID-19 rapid testing kits.

  • September 18, 2020

    LATAM Gets Approval For Revised $2.45B DIP Plan

    A New York bankruptcy judge on Friday approved a revised $2.45 billion debtor-in-possession financing plan for LATAM Airlines Group, minus the equity-swap provision that caused him to reject the passage last week.

  • September 18, 2020

    Coronavirus Q&A: Nixon Peabody's Real Estate Leader

    In this edition of Coronavirus Q&A, Nixon Peabody's real estate leader discusses the way force majeure is being used in leasing and construction contexts and notes that affordable housing development has remained strong throughout the pandemic.

  • September 18, 2020

    3 Firms Power SPAC Deal Forming $1B Hybrid Fleet Biz

    XL Fleet has agreed to merge with a special purpose acquisition vehicle called Pivotal to create a publicly traded provider of electric and hybrid fleet vehicles and associated services valued at $1 billion, the companies said Friday, in a deal steered by Morrison & Foerster, Graubard Miller and Mintz Levin.

  • September 17, 2020

    Giuliani Allies Charged Over 'Fraud Guarantee' Co. Scam

    Four of Rudy Giuliani's associates already facing charges for allegedly violating campaign finance laws were hit with new wire fraud and campaign finance charges Thursday, with New York federal prosecutors claiming that two of the men deceived investors into paying into a company that never got off the ground ironically named "Fraud Guarantee."

Expert Analysis

  • M&A Freeze-Out Ruling Underscores Minority Investor Rights

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    The New York Commercial Division's recent decision in Van Horne v. Ben-Dov demonstrates the court's increasing willingness to protect minority shareholders by enjoining a freeze-out merger where majority shareholders failed to prove there was a corporate benefit to the transaction, say Stephen Younger and Danielle Quinn at Patterson Belknap.

  • Structuring LBO Payments After NY Ch. 11 Ruling

    Excerpt from Practical Guidance
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    A New York Bankruptcy Court's recent decision in Boston Generating, holding that the Bankruptcy Code preempts state law intentional fraudulent transfer claims, may make it possible to structure securities payments to protect equity holders in leveraged buyouts, say Charles Oellermann and Mark Douglas at Jones Day.

  • Statutory Copyright Damages Offer Musicians A Viable Option

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    Two recent federal court rulings, Sony Music v. Cox and Broadcast Music Inc. v. Buffalo Wing Joint, illustrate how musicians and record companies can use the Copyright Act's statutory damages provision to deter infringement in situations where showing actual damages would be too difficult or economically unfeasible, says Christopher Dyess at Schlam Stone.

  • An Alternative Approach To Civil Claims Against Gov't Agents

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    As the doctrine of qualified immunity receives increased scrutiny following the deaths of George Floyd and others at the hands of law enforcement, savvy plaintiffs attorneys will pursue civil claims against government entities under a U.S. Supreme Court precedent that classifies municipalities as persons, say Glenn Jacobson and James Kimmel at Abrams Gorelick.

  • How New York Anti-SLAPP Law Could Survive The 2nd Circ.

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    The Second Circuit's decision in La Liberte v. Reid will test New York's recently updated anti-SLAPP law, intended to protect First Amendment activity, but there should be a viable path forward for several elements of the law, say Penguin Random House senior counsel Daniel Novack and Cornell Law School student Christina Lee.

  • New IRS Regs May Quash Popular SALT Cap Workaround

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    Regulations the IRS published this week may shut down attempts to end-run the Tax Cuts and Jobs Act's cap on state and local tax deductions by using a charitable contribution scheme, but fail to address other state workarounds, say Peter Lowy and Alissa Gipson at Chamberlain Hrdlicka.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • NY Tenancy Ruling Is A Win For Commercial Landlords

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    The Queens County Housing Court's recent decision in Weathers v. Aviv Construction, interpreting New York's Real Property Law to exempt commercial leases from the 90-day termination requirement, benefits commercial landlords and may be applicable to other sections of the Housing Stability and Tenant Protection Act, say Marc Scolnick and David Robinson at the Law Office of Marc Scolnick.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Considerations For NY Small Biz Truth In Lending Compliance

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    Michael Karpen and Richard Eckman at Troutman Pepper analyze New York state’s pending Small Business Truth in Lending Act, including the types of transactions, lenders and financing providers to which the statute applies, specific disclosure requirements, and unique challenges for the merchant cash advance industry.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • When Investor Talks Render Biz Judgment Review Unavailable

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    The Delaware Chancery Court’s recent decision in HomeFed amplifies the court's focus on discussions between controller and minority stockholders as the basis to conclude that business judgment review is unavailable, and suggests a trend toward a more restrictive judicial approach, say attorneys at Fried Frank.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Restructuring Tips For Single Asset Real Estate Debtors

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    Although reorganization is notoriously hard to achieve in single asset real estate bankruptcies, a category of Chapter 11 cases that will spike following the pandemic, strategic filing decisions by prospective debtors can aid in a successful restructure, says Victor Vilaplana at Foley & Lardner.

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