New York

  • May 24, 2017

    Judge Won't Revisit Bid To Arbitrate Soybean Shipping Fight

    A New York federal judge on Tuesday declined to rethink her decision tossing a Danish shipping company’s bid to arbitrate a dispute over a soybean shipment with the Paraguayan affiliate of a global agricultural products trader, rejecting the Danish company’s contention that the court overlooked certain allegations.

  • May 23, 2017

    'Soup Nazi' Exec Charged With Tax Evasion

    An executive for the company that licenses the name and recipes of the man who inspired the “Soup Nazi” character on television’s “Seinfeld” was arrested on Tuesday, accused of essentially telling Uncle Sam, “No tax for you!”

  • May 23, 2017

    $30M Rx Service Investor Double-Crossed, Suit Says

    A hedge fund veteran accused two brothers in New York federal court Tuesday of duping him out of his $30 million stake in a booming prescription service, saying the pair exploited his venture capital reputation while fraudulently reselling the promised shares behind his back.

  • May 23, 2017

    Haynes and Boone Adds Brand Management, IP Partner

    Haynes and Boone LLP has added top intellectual property litigator Adam Siegartel from Proskauer Rose LLP to join its trademark practice group as a partner at its New York office, where he will lead the brand management group and work on diverse IP matters. 

  • May 23, 2017

    China Mobile Games Agrees To $1.5M Deal In Investor Suit

    A proposed class of investors asked a New York federal court on Tuesday for preliminary approval of a $1.5 million settlement agreement with China's largest mobile game publisher in the investors' suit accusing the company of insider transactions and corporate bribery.

  • May 23, 2017

    2nd Circ. Dumps Sales Tax Row Over Dunkin' Donuts' Coffee

    Dunkin’ Donuts customers who allege the coffee chain illegally imposed a surcharge in the guise of a sales tax can’t litigate their proposed class action in federal court and must apply for a refund through administrative channels instead, the Second Circuit ruled on Tuesday.

  • May 23, 2017

    Investors Rip Citi's Bid For Quick Win In RMBS Trustee Suit

    A group of institutional investors accusing Citibank NA of bungling its duties as a residential mortgage-backed securities trustee urged a New York federal court on Tuesday to deny the bank’s bid to exit the proposed class action, telling the court that they have mustered enough evidence to cast doubt on Citi’s version of events.

  • May 23, 2017

    HSBC Fights For Right To Legal Advice Defense In MBS Row

    HSBC urged a New York federal court Monday to reject a magistrate judge's recommendation to bar the bank from deflecting blame onto its lawyers in a raft of cases alleging HSBC failed to protect investors from toxic mortgage-backed securities, saying it is too early to know whether it will raise the defense.

  • May 23, 2017

    Judge Rips 'Draconian' Sentence Bid In ForceField Fraud Case

    A New York federal judge on Tuesday criticized a bid from prosecutors to impose a nearly decade-long prison term on a broker for his role a $131 million investment fraud scheme that preyed on investors of lighting company ForceField Energy Inc., instead ordering a two-year prison term.

  • May 23, 2017

    Rate-Swap Class Plaintiffs Paint Big-Dollar Damages Picture

    A Manhattan federal judge sought Tuesday to assess the size of a potential class action alleging a dozen megabanks including Goldman Sachs Group Inc. and Bank of America Corp. colluded to block startup trading platforms from entering the giant market for interest rate swaps, after a plaintiffs-side lawyer alluded to potential billion-dollar damages.

  • May 23, 2017

    Cuomo Creates Task Force To Mull Future Penn Station Fixes

    New York Gov. Andrew Cuomo on Tuesday announced an aggressive short- and long-term action plan to shore up management at Penn Station and address what he described as the busy transportation hub’s chronic failures ahead of extensive track repairs that are slated to begin this summer.

  • May 23, 2017

    Ex-BigLaw Atty Accused Of Insider Trading Out On Bail

    A former Florida real estate partner charged with pilfering secret Foley & Lardner LLP computer files and making $1 million in illegal trading profits from the information along with a buddy was released on bail by a Manhattan federal judge on Tuesday.

  • May 23, 2017

    Westinghouse Set To Tap Remainder Of $800M DIP Loan

    Bankrupt nuclear energy behemoth Westinghouse Electric Co. LLC is poised to tap the remaining $450 million from an $800 million debtor-in-possession loan, after a New York bankruptcy judge told the debtor Tuesday he fully expects to approve the transaction after reviewing a recently finalized request.

  • May 23, 2017

    Guatemalan Failed To Prove Hardship To Daughter: 2nd Circ.

    The Second Circuit on Monday dismissed a petition to review a Board of Immigration Appeals decision to deport a Guatemalan man who argued that he needed to remain in the country to take care of his 3-year-old daughter, whose mother is ill, saying his arguments failed to raise questions of law.

  • May 23, 2017

    Harry & David ‘Slack-Fill’ Consumer Suit Comes To A Close

    A “slack fill” consumer protection lawsuit accusing gourmet food gift maker Harry & David LLC of underfilling its Moose Munch popcorn tins was dismissed on Monday in New York federal court when the parties voluntarily brought the suit to an end.

  • May 23, 2017

    GM Slams Corvette Owners' Bid To Make Due Process Claims

    Forty Corvette owners can’t claim that their right to due process was violated when General Motors didn’t specifically inform them of bankruptcy proceedings, the automaker told a New York federal judge Monday, arguing that parties are bound by a court order even if they aren’t formally notified of it.

  • May 23, 2017

    Some ConEd Bias Claims Should Proceed, Judge Says

    A New York federal magistrate judge on Monday said the entirety of a ConEd employee’s discrimination and retaliation suit against the company shouldn’t be tossed, recommending instead that the weighty suit be trimmed.

  • May 23, 2017

    Labaton Sucharow Adds 3 To SEC Whistleblower Practice

    Labaton Sucharow LLP has increased its Securities and Exchange Commission whistleblower practice from one partner to four with the addition, announced Tuesday, of three former SEC and Department of Justice officials.

  • May 23, 2017

    Investment Bank Hits Monster With $8.9M Contract Suit

    Boutique investment banking company Stone Key Partners on Monday hit job posting website Monster Worldwide Inc. with a breach of contract suit, claiming the website owes it $8.9 million under an advisory services contract related to the sale of a Korean subsidiary and the sale of Monster itself to a Dutch firm.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • Rincon Will Shift Commercial Litigation Away From Calif.

    Jerrold Bregman

    Following a recent California appellate court decision in Rincon EV v. CP III Rincon, it's likely that sophisticated parties will be discouraged from participating in the California court system in favor of jurisdictions that will enforce contractual provisions such as jury trial waivers, say Jerrold Bregman and Racey Cohn of Brutzkus Gubner Rozansky Seror Weber LLP.

  • Weekly Column

    Talking 'Bull': Episode 22, Dirty Little Secrets

    Roy Futterman

    In the penultimate episode of the CBS show "Bull," the team wrestles with a real issue in jury consulting and the legal professions in general: Should we work with an unsavory client? This is an interesting question that plays out in jury consulting firms on a regular basis, says jury consultant and psychologist Roy Futterman of Doar Inc.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • When You Can Fire An Employee For Nasty Workplace Talk

    Stephanie Caffera

    How is it possible that an employee who used nasty language when referring to his supervisor on Facebook is protected, while an employee who yelled directly at his manager using similar verbiage is not? There are several key distinctions that help explain the vastly different outcomes in each case, say attorneys with Nixon Peabody.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • What Braintree Means For Intent To Induce Infringement

    Gerald Flattmann

    This month, the Federal Circuit reversed a decision of noninfringement in Braintree v. Breckenridge, providing further guidance in the recent body of decisions under the Hatch-Waxman scheme regarding when proposed drug labeling evidences intent to induce patent infringement, say attorneys with Paul Hastings LLP.