New York

  • January 20, 2017

    Coin.mx Trial Date Slips After 'Disappointing' Gov't Tactic

    Prosecutors’ move to file new charges against New Jersey pastor Trevon Gross and Coin.mx operator Yuri Lebedev just over six weeks before their trial date was “disappointing” and “problematic,” a New York federal judge said Friday, but the defendants suspected of facilitating a bitcoin-fueled fraud won little relief as a result.

  • January 20, 2017

    Sanction Bid in Dismissed IP Case Still Valid, Sloan Says

    A lawyer representing the Sloan Kettering Institute on Friday urged a New York federal judge to keep alive a sanction bid against counsel for a gene therapy company that sued the cancer researcher, despite the recent dismissal of the underlying lawsuit.

  • January 20, 2017

    Investor Sues For More Info On $85.4B AT&T-Time Warner Deal

    A Time Warner shareholder lobbed a proposed class action against the company over a proxy statement it issued ahead of AT&T’s planned $85.4 billion takeover on Thursday, telling a New York federal court that the statement doesn’t have enough information for shareholders to make an informed vote on the deal.

  • January 19, 2017

    Gibson Dunn Nabs IP Trial Pro From Mayer Brown In NY

    A former Mayer Brown partner and veteran intellectual property attorney with extensive trial experience has joined Gibson Dunn & Crutcher LLP as a partner in its New York office, the firm announced Thursday.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Bear Fund Liquidators Again Target S&P, Others Over RMBS

    Liquidators for two Bear Stearns & Co. Inc. feeder funds on Thursday asked a New York state appeals court to revive their fraud suit accusing the big three credit rating agencies of lying about the creditworthiness of debt obligations backed by subprime mortgages, saying it was wrongly dismissed on timeliness and standing grounds.

  • January 19, 2017

    Chinese Geothermal Plant Builders Want Claims Arbitrated

    A pair of Chinese companies that built a troubled power plant in New Mexico urged a New York federal judge on Wednesday to pause the buyer's claims against them for arbitration with them while their parent company said the suit against it should be thrown out, saying its stand is rooted in “principled reasons,” not some “shell game.”

  • January 19, 2017

    FedEx Gets OK To Fight Privilege Claims In Tobacco Suit

    FedEx Ground was granted permission by a New York federal judge Thursday to file a motion challenging assertions of privilege made by New York state officials on nearly 400 documents the shipper says it needs to defend allegations it made illegal shipments of untaxed cigarettes.

  • January 19, 2017

    Insurer Says Painting It Paid For Was Misplaced, Not Stolen

    XL Specialty Insurance Co. asked a New York federal judge Thursday to order a Manhattan art gallery to reimburse the insurer for covering a painting the owner reported stolen when it turns out he merely forgot he had sent it to be reframed.

  • January 19, 2017

    NY AG Issues Guidance For Immigration 'Sanctuary' Sites

    New York’s attorney general on Thursday released a set of guidelines that local law enforcement may choose to follow should they opt to serve as "sanctuaries" and not cooperate with federal efforts to enforce immigration regulations against those unauthorized to be in the U.S.

  • January 19, 2017

    Kenyon Appeals Over Open Doc Review In $9M Fee Dispute

    Kenyon & Kenyon LLP told a New York appeals court Wednesday that a lower court should have conducted a private review of board meeting minutes from former client SightSound Technologies LLC that discussed a multimillion-dollar security interest that the firm is suing to recover in a fee dispute.

  • January 19, 2017

    IT Exec, Consultant Charged With $3.4M Fake Invoice Scam

    Manhattan federal prosecutors on Thursday charged an information technology executive for health and retirement benefit funds and a consultant with conspiracy and wire fraud for a purported $3.4 million scheme to bilk the funds for bogus IT services.

  • January 19, 2017

    House, SEC End Health Care Insider Trading Subpoena Row

    The House Ways and Means Committee and the U.S. Securities and Exchange Commission have officially ended their battle over the latter’s bid to subpoena an erstwhile committee staffer in a health care insider trading probe, just two months after the committee dropped its appeal.

  • January 19, 2017

    Hemingway, Kerouac Heirs Sue Over Kid-Friendly Classics

    The estates of Ernest Hemingway, Jack Kerouac and other iconic authors filed a copyright lawsuit Thursday in Manhattan federal court over unauthorized "children's versions" of classic works like “The Old Man and the Sea.”

  • January 19, 2017

    Over A Dozen Firms Guided 2016's Top Real Estate Deals

    More than a dozen law firms grabbed work on the 10 largest U.S. real estate deals of 2016, a year that saw New York continue to lead, with transactions involving Manhattan office buildings taking eight spots on the list.

  • January 19, 2017

    'Antiquated' NY Law Harms Legal Profession, ACC Says

    An “antiquated” and “protectionist” New York law that requires attorneys practicing in-state to maintain offices there prevents clients from hiring the attorneys of their choice and conflicts with the global, interstate nature of law practice today, according to an Association of Corporate Counsel brief submitted Wednesday to the U.S. Supreme Court.

  • January 19, 2017

    Avaya Hits Ch. 11 In NY With More Than $1B In Debt

    Telecom giant Avaya Inc. and its U.S. subsidiaries filed for Chapter 11 bankruptcy protection in New York on Thursday with more than $1 billion in debt, the same day it revealed its rejection of a $3.9 billion bid for its call-center software business.

Expert Analysis

  • Trump Libel Win Based On Trump Libel Loss

    Mark Sableman

    President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic more than 30 years ago. But the new case, and the atmosphere of the 2016 presidential campaign, may significantly alter libel law, says Mark Sableman of Thompson Coburn LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Dabbing Into The Financial Side Of Marijuana

    Neda Ghomeshi

    Both the U.S. Department of Justice and the Financial Crimes Enforcement Network have provided guidance for brokers and firms doing business with the cannabis industry, concerning how to avoid prosecution for violating the law. However, even 100 percent compliance does not guarantee total safety from investigation, says Neda Ghomeshi of Hunter Taubman Fischer & Li LLC.

  • The Return Of Patent Opinion Letters

    Matthew A. Werber

    Court rulings in the six months since the U.S. Supreme Court's Halo decision reveal a trend — defendants are more incentivized to seek and rely on timely advice from counsel on noninfringement and invalidity. In 2017, more clients will be seeking formal opinion letters and taking remedial actions early on, says Matthew Werber of SpencePC.

  • New York Revises Cybersecurity Proposal: A Closer Look

    Michael A. Mancusi

    Although the revised version of New York's proposed cybersecurity regulations addresses several areas of concern or confusion for financial services firms, certain questions of scope and liability remain. In addition, the revised proposal's requirements remain extensive, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How NY Developers Request Access To Neighboring Property

    Stanziale_Laurie_TarterKrinsky.jpg

    Construction, repairs and renovations in New York City often require access to neighbors' property. Co-op and condo building boards should take the time to fully understand the different types of access that developers might request, say Laurie Stanziale and Steven Troup of Tarter Krinsky & Drogin LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Long-Arm Jurisdiction In A Post-Daimler Era

    Muhammad U. Faridi

    A New York state court’s recent decision in Ace Decade Holdings v. UBS, dismissing a $500 million fraud suit against Swiss bank UBS, highlights the nuanced issues involved in personal-jurisdiction disputes and demonstrates that Daimler has significantly limited general “doing business” jurisdiction over out-of-state defendants, say Muhammad Faridi and Jordan Engelhardt of Patterson Belknap Webb & Tyler LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.