New York

  • September 20, 2017

    Financier Named In 'Frivolous' Fox News Suit Seeks Sanctions

    A wealthy Trump supporter accused of pushing a bogus murder conspiracy story on Fox News asked a Manhattan federal judge Tuesday to impose sanctions against a private investigator at the center of the dispute and his attorney for filing a frivolous lawsuit.

  • September 20, 2017

    Why A Rare Tie Vote Doesn't Foretell Roadblocks At FTC

    Tuesday's decision to let Walgreens forge ahead with its $4.4 billion acquisition of nearly 2,000 Rite Aid stores highlights the inherent risk of leaving the Federal Trade Commission with just two top decision makers, but the split's rarity underscores how well the agency has continued to function even with a historically high number of vacancies.

  • September 20, 2017

    2nd Circ. Overturns Ex-DHB CEO's Restitution, Keeps Bail

    The Second Circuit on Wednesday vacated a securities fraud conviction against the deceased former CEO of military body armor maker DHB Industries Inc. and let his estate off the hook for $91 million in restitution, but found his family can’t get back funds that were forfeited after the government found he was hiding assets.

  • September 20, 2017

    White Collar 'Goes Dark' With Rise Of Secret Messaging Apps

    White collar suspects’ use of email and other electronic communications about their illicit activity has been a boon to prosecutors for decades, but the rise of encrypted messaging apps and other new technology may be a roadblock to Wall Street prosecutors accustomed to a run of successes.

  • September 20, 2017

    NY Judge Pauses $19M Arbitration Over Power Plant Project

    A New York federal judge on Wednesday temporarily paused a $19 million arbitration initiated by a Hyundai unit against SantosCMI SA stemming from a power plant construction project gone awry, saying the Ecuadorean company had raised a valid question as to the tribunal's jurisdiction.

  • September 20, 2017

    Real Estate Rumors: Wells, Museum Center Corp., Blatteis

    Wells Fargo is reportedly in talks to lend $470 million to a venture of private equity shop Rockpoint for a Bronx affordable housing purchase; Boca Raton, Florida, nonprofit Museum Center Corp. is said to have sold a property for $12 million; and California investor Blatteis & Schnur has reportedly sold a Chicago retail property for $13.6 million.

  • September 20, 2017

    Madison Buys Out JV Partner's Stake In $1B Retail Portfolio

    Madison International Realty is buying out its joint venture partner Forest City Realty Trust's 51 percent stake in a New York and New Jersey retail portfolio in a deal valuing the portfolio at roughly $1 billion, according to an announcement from the firms on Wednesday.

  • September 20, 2017

    DOJ Says Madoff Victim Payouts To Begin By Year's End

    The U.S. Department of Justice said in a letter to U.S. Rep. Vern Buchanan, R-Fla., that victims of fraudster Bernie Madoff would begin to receive payouts from the department's Assets Forfeiture Fund by the end of the year, the congressman announced Wednesday.

  • September 20, 2017

    Feds Say Platinum Fund Downfall Plays Into Union Graft Case

    Manhattan federal prosecutors on Tuesday said a jury deciding if Platinum Partners LP's founder bribed a union official for investments should hear evidence that Platinum's principal fund was losing investors at the time.

  • September 20, 2017

    Man Mistaken For Garbage Can't Sue Train Co. Over Collision

    The Second Circuit on Wednesday affirmed a Syracuse, New York, federal judge's dismissal of a suit targeting Pan Am Railways Inc., which was filed by a Troy, New York, man who passed out drunk on tracks in Rensselaer County and was run over after being mistaken for a bag of trash.

  • September 20, 2017

    Fed. Court Can’t Hear NY Sales Tax Spat, Forever 21 Says

    Forever 21 has urged a New York federal court to dismiss a proposed class action accusing the company of collecting sales taxes from online customers, arguing the court has no jurisdiction to hear the claims.

  • September 20, 2017

    NY Must Hand Over Relevant Docs In FedEx Cigarette Suit

    A New York federal judge ordered the state to show FedEx documents that are relevant to a consolidated lawsuit it brought with New York City alleging the company made illegal shipments of untaxed cigarettes from Native American reservations and other states.

  • September 20, 2017

    InterContinental Wants NYC Hotel Contract Enforced Or $175M

    InterContinental Hotels Group has sued the owner of the InterContinental Times Square hotel in New York state court to stop the owner from terminating a management agreement with IHG seven years into the 40-year pact and asking for at least $175 million in damages if the contract is terminated.

  • September 20, 2017

    Madoff Trustee Can Proceed With $2.2M Clawback Suit

    The trustee for Bernie Madoff’s defunct investment firm can proceed with a suit that seeks to claw back $2.2 million withdrawn by an investor before the $65 billion Ponzi scheme imploded, a New York bankruptcy court ruled on Wednesday.

  • September 20, 2017

    Tribal Boss Got Stark Warning Over Loan Empire, Jury Hears

    A witness cried on Wednesday as she told the Manhattan jury hearing criminal charges against racer Scott Tucker and lawyer Timothy Muir that she warned her former boss, a Miami tribe entrepreneur, that getting too close to Tucker and Muir's $2 billion payday loan empire could land him in prison.

  • September 20, 2017

    Feds Recommend About 2 Years For Weiner In Sexting Case

    Former U.S. Rep. Anthony Weiner should be sentenced to about two years in prison for sexting a 15-year-old girl, federal prosecutors in New York said on Wednesday, writing in the sentencing memorandum that while Weiner’s steep fall from grace is “indisputably sad,” there remains a real need for deterrence.

  • September 20, 2017

    EXCLUSIVE: Boutique Tiber Hudson Forming In New York, DC

    Five lawyers are soon joining forces to open a boutique law firm — Tiber Hudson LLC — that will have offices in New York City and Washington, D.C., and will focus on real estate, securities, government contracts and banking, among other areas, one of the five attorneys told Law360 on Wednesday.

  • September 20, 2017

    KBC, Motley Rice To Lead Cloud Computing Co. Investor Suit

    A New York federal judge gave European investment firm KBC Asset Management NV and its lawyers at Motley Rice LLC the green light on Tuesday to lead a proposed securities fraud class action against cloud computing company Rackspace Hosting Inc.

  • September 20, 2017

    GM Gas Tank Defect Suit Revived By Bankruptcy Judge

    A New York bankruptcy judge on Tuesday allowed a woman allegedly burned by a defectively designed gas tank to move forward with her second attempt to hold General Motors LLC liable.

  • September 19, 2017

    Donna Karan FACTA Suit Fails Under Spokeo, 2nd Circ. Says

    The Second Circuit held Tuesday that a shopper accusing Donna Karan of Fair and Accurate Credit Transactions Act violations failed to allege a concrete injury as required by Spokeo, standing by a lower court's decision that the consumer didn't show sufficient harm stemming from the retailer, including too many credit card digits on his receipt.

Expert Analysis

  • Why Do I Have A Hurricane Harvey Claim From Hoboken?

    Shannon O'Malley

    As businesses and insurers sort out the impacts of Hurricane Harvey, businesses located far from the Lone Star State may choose to assert contingent business interruption claims under their own first-party property policies, says Shannon O'Malley of Zelle LLP.

  • Why Punishing Sexually Abusive Physicians Is Challenging

    Thomas Keech

    Last month, New York state revoked a doctor's medical license based on a vague order issued by the New Jersey State Board of Medical Examiners that potentially accused the doctor of sexual misconduct. The nationwide pressure to dumb down such orders is one of the reasons why sexual predation upon patients has been so difficult to root out, says Thomas Keech, consultant to the Maryland State Board of Physicians.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • Courts Continue To Split Over Coverage For Email Scams

    Jan Larson

    A Michigan federal court's decision in American Tooling v. Travelers last month is one of several recent cases that underscore growing uncertainty surrounding whether traditional fidelity and crime insurance policies provide coverage for business email compromise scams, say Jan Larson and Caroline Meneau of Jenner & Block LLP.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • 2 Litigation Trends Offer Guidance On TCPA Compliance

    Fredrick Levin

    Recently, several courts have begun to take a hard look at Telephone Consumer Protection Act compliance issues, and their decisions offer useful guidance. In particular, the rulings have shed light on issues concerning automatic telephone dialing systems and consumers' ability to revoke consent, say Fredrick Levin and Andrew Grant of Buckley Sandler LLP.

  • 2nd Circ. Corruption Prosecutions In A Post-McDonnell World

    Brian McEvoy

    The landscape of federal public corruption law changed dramatically following the U.S. Supreme Court’s unanimous decision last year in McDonnell. In recent months, the Second Circuit has been grappling with the scope and implications of the ruling, say Brian McEvoy and William Ezzell of Polsinelli PC.

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.

  • Shkreli Trial And Other Magic Tricks: A Chat With Ben Brafman

    Randy Maniloff

    Ben Brafman’s clients don’t need a lawyer — they need a magician. And for 40-plus years, the man has been pulling rabbits out of hats, most recently finding jurors able to sit fairly in judgment of Martin Shkreli, called “the most hated man in America.” Last month I visited Brafman to discuss his remarkable career, says Randy Maniloff of White and Williams.

  • Revisiting Bishop In Light Of Escobar

    Andrew Schilling

    Last year, the Second Circuit in Bishop v. Wells Fargo handed the banking industry some much-needed ammunition to fight back against False Claims Act suits premised on broad certifications of compliance. It seems unlikely that the court’s upcoming reconsideration of the case in light of the U.S. Supreme Court's Escobar decision will change the outcome, say Andrew Schilling and Megan Whitehill of Buckley Sandler LLP.