New York

  • February 23, 2018

    Immigration Judges Needn’t Warn Of Lack Of Proof: 2nd Circ.

    The Board of Immigration Appeals is entitled to deference in its determination that federal immigration law is ambiguous as to whether immigration judges are required to give asylum petitioners specific notice when their seemingly credible testimony appears to be uncorroborated with actual evidence, the Second Circuit held Friday.

  • February 23, 2018

    NY, Others Back Chicago In Sanctuary City Battle With Feds

    New York, California, 13 other states and the District of Columbia urged an Illinois federal court Thursday to deny the federal government’s bid to toss Chicago’s lawsuit challenging the Trump administration’s efforts to withhold federal public safety grant funds from so-called sanctuary cities, saying the move is unlawful.

  • February 23, 2018

    Developers Eyeing Midtown East Projects, But Face Hurdles

    Questions abounded as to how developers would react after New York City last year finalized plans to rezone dozens of blocks in Midtown East, but several recently announced projects have lawyers saying the area could see a surge of development activity — although challenges remain.

  • February 23, 2018

    Goulston & Storrs Grows Corporate Team With Boston Hire

    A former Pepper Hamilton LLP partner has joined Goulston & Storrs PC in its Boston office, adding even more depth and experience to the firm’s corporate practice with a specialist in the middle-market mergers and acquisitions and private equity spaces.

  • February 22, 2018

    Man Posed As Well Owner For Millions In Loans, DOJ Says

    A Hawaii man was arrested Wednesday for allegedly posing as the owner of Wyoming oil and gas wells for a decade to obtain multimillion-dollar loans, using the money to pay back old fraudulent loans or spend on private jets and lavish artwork, according to a complaint filed in New York federal court.

  • February 22, 2018

    China Fishery Settlement Clears Way For Sale, Trustee Says

    A group of debtors in the Chapter 11 cases for China Fishery Group Ltd. asked a New York bankruptcy court on Wednesday to approve an intercompany claims settlement designed to clear the way for a sale of valuable interests in China Fishery’s prized operating companies in Peru.

  • February 22, 2018

    Uber Defeats NYC Drivers' Collective Action Bid — For Now

    A federal judge on Thursday rejected a bid by New York City drivers to certify a suit against Uber Technologies Inc. for alleged overtime and minimum wage law violations as a collective action, saying that almost all the relevant legal factors cut in the company's favor.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    Resort-Focused Aspen REIT Pulls Reg A+ IPO

    Aspen REIT Inc., a real estate investment trust that was formed to own a Colorado mountainside resort and sought to become the first single-asset REIT to list on major stock exchange, late on Wednesday postponed an offering to raise about $34 million through a Regulation A+ “mini-IPO."

  • February 22, 2018

    USCIS Accused Of Wrongly Denying Green Cards

    Immigrants with temporary protected status on Thursday brought class claims that U.S. Citizenship and Immigration Services wrongfully denied their green card petitions on the basis that they initially entered the U.S. “without inspection.”

  • February 22, 2018

    Prosecutors Rip Acquittal Bid By Soccer Bosses In FIFA Case

    Brooklyn federal prosecutors on Wednesday pushed back against post-trial acquittal attempts by two South American soccer presidents convicted in December of racketeering conspiracy and other charges brought as part of the wide-ranging FIFA corruption case, deeming their arguments legally baseless.

  • February 22, 2018

    Ex-Foley & Lardner Partner Gets Prison For Insider Trading

    Former Foley & Lardner LLP real estate partner Walter “Chet” Little was sentenced on Thursday to over two years in prison for insider trading, following his admission that he cashed in on confidential merger information about the law firm’s clients.

  • February 22, 2018

    Tops Supermarket Can Tap $265M Ch. 11 Financing

    Regional supermarket chain Tops Markets LLC won approval for up to $265 million in financing for its nearly $1.2 billion Chapter 11 restructuring in New York bankruptcy court Thursday.

  • February 22, 2018

    NY Tells 2nd Circ. To Toss Couple's $5M Income Tax Appeal

    The New York State Department of Taxation and Finance and other state agencies told the Second Circuit on Wednesday to reject a couple's suit alleging the agencies violated their constitutional right to live in separate states by requiring the couple to pay New York taxes on $5 million in capital gains from selling property in Florida.

  • February 22, 2018

    Ex-Nassau County Official Charged With Lying, Obstruction

    A former New York assemblyman and deputy executive in Nassau County stands accused of trying to stymie an investigation into cash he got from a county contractor, New York federal prosecutors announced as charges were unsealed on Thursday.

  • February 22, 2018

    Real Estate Rumors: Michael Dell, 601W, JDS

    Michael Dell is reportedly the mystery $100.47 million buyer of a Manhattan penthouse, developer 601W is said to have picked up a site in Chicago for $34 million, and a JDS Development venture has reportedly scored $91 million in financing for a New York condo project.

  • February 22, 2018

    Investors, US Bank Agree To Move MBS Claims To NY Court

    Investors accusing U.S. Bank of bungling its duties as trustee to an array of mortgage trusts said Wednesday that they’ve agreed to drop what’s left of their New York federal court case and head to state court, a move that comes less than a month after they were denied class certification.

  • February 22, 2018

    Ex-Andrews Kurth IP Partner Joins Haug Partners In NY

    Haug Partners LLP has announced that it has bolstered its New York office with the addition of a former Andrews Kurth Kenyon LLP attorney who specializes in intellectual property litigation.

  • February 22, 2018

    Locke Lord Hires Ex-Curtis Enviro Group Chair In NY

    The former head of Curtis Mallet-Prevost Colt & Mosle LLP’s environmental group, whose clients have included a Glencore Ltd. affiliate, has joined Locke Lord LLP in New York.

  • February 22, 2018

    Trump Hotel Cos. Want Unit Owners To Arbitrate Panama Row

    Two Trump hotel management companies urged a New York federal court to keep alive their arbitration claims alleging that the owners of units in a Trump-branded Panamanian hotel unfairly ousted them from a hotel management contract, arguing that the parties agreed to binding international arbitration.

Expert Analysis

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • NY Decision Opens Door For Yellowstone Injunction Waivers

    Dani Schwartz

    A New York appeals court's recent decision in 159 MP v. Redbridge has the potential to shift the balance of power in commercial landlord and tenant relations toward the landlord, by holding that a waiver of the right to seek a Yellowstone injunction is not void as against public policy, says Dani Schwartz of Wachtel Missry LLP.