New York

  • November 20, 2017

    Fiat Chrysler Botched Recall Row Survives, Returns To Calif.

    A New York bankruptcy judge ruled Friday that Fiat Chrysler can’t ditch a putative class action claiming it's liable for allegedly botched recall repairs, but sent the matter back to California federal court, saying the issues relate to events that occurred after its bankruptcy-related purchase of Old Chrysler.

  • November 20, 2017

    RMBS Trustees Open Court Fight For $11.4B Lehman Claim

    Bankruptcy court scrutiny of Lehman Brothers’ sale of residential mortgage-backed securities in the years preceding the 2008 financial crisis got underway Monday as counsel for several RMBS trusts argued that the shuttered investment bank is responsible for $11.4 billion in damages for securitizing misrepresented loans.

  • November 20, 2017

    NY Justices Restore $6.2M Coverage Claims Over Fatal Crash

    New York’s highest court on Monday reinstated $6.2 million worth of claims against the insurers of DHL Worldwide Express Inc. and a contractor over a fatal car crash, saying a lower court jumped the gun by dismissing the claims.

  • November 20, 2017

    Barclays Seeks 2nd Circ. Review Of Dark Pool Class Cert.

    Barclays PLC asked a Second Circuit panel on Monday to partially rehear a decision granting class certification to investors suing the bank over losses tied to the bank’s alleged misrepresentations about oversight of its dark pool market, saying the ruling is inconsistent with U.S. Supreme Court precedent.

  • November 20, 2017

    US Accuses Chinese NGO Head, African Ex-Official Of Bribery

    A New York federal court unsealed charges Monday accusing the head of a Chinese nongovernmental organization and a former Senegalese foreign minister who met at the United Nations of bribing African officials to gain business advantages for a Chinese energy and financial services conglomerate.

  • November 20, 2017

    3 UK Forex Traders Seek Dismissal Of Rate-Rigging Charges

    Three London-based foreign exchange traders whom New York federal prosecutors accused of violating antitrust laws by teaming up to influence two key foreign exchange benchmarks asked a judge to dismiss the case against them on Friday, saying they did nothing wrong and shouldn’t have been charged.

  • November 20, 2017

    Google, Netflix Say DOJ Fuzzy On BMI Music Interest Sales

    Google, Netflix and several other media industry players asked the Second Circuit on Friday for permission to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the DOJ has left open a possibility for BMI to sell partial interests in music, despite previously arguing against the practice.

  • November 20, 2017

    Gov't Defends Fuel Efficiency Penalty Delay At 2nd Circ.

    The federal government and an automakers group on Friday asked the Second Circuit to deny five Democratic attorneys general and a group of environmentalists’ request that it vacate a delay of an Obama-era rule raising the penalties for automakers that don’t meet fuel efficiency standards.

  • November 20, 2017

    NY Says There's Nothing Unlawful About Nuke Subsidy Plan

    New York utility regulators told the Second Circuit on Friday that the state's plan to subsidize struggling nuclear power plants is well within its authority to reduce greenhouse gas emissions and that challengers of the plan can't use the Federal Power Act or the Constitution's commerce clause to limit that authority.

  • November 20, 2017

    Ex-Shearman Partner Joins Capital Markets Advisory Firm

    A Shearman & Sterling LLP veteran has joined advisory firm Rose & Company as partner, taking his decades of legal experience to launch a new chapter with a young firm that guides companies on capital markets strategy, the firm has announced.

  • November 20, 2017

    NY ICE Facility Forced To Hear Asylum-Seekers' Parole Cases

    A New York federal judge on Friday ordered an Immigration and Customs Enforcement detention facility in upstate New York to end its alleged practice of keeping asylum-seekers locked up without the opportunity for release on parole or bond while awaiting their hearings.

  • November 20, 2017

    Iran Sanctions Trial Against Turkish Gold Trader Delayed

    Jury selection was adjourned for one week following a closed-door hearing on Monday in the Manhattan federal trial of Turkish-Iranian businessman and gold trader Reza Zarrab and Turkish Bank executive Mehmet Hakan Atilla on charges of scheming to dodge American sanctions against Iran.

  • November 20, 2017

    Eaton Says Investors' 2nd Complaint In Tax Info Suit Fails

    Eaton Corp. PLC asked a New York federal judge on Friday to dismiss a second amended complaint in a proposed shareholder class action alleging the company defrauded shareholders about its desire or ability to sell a major business unit in the wake of a controversial merger.

  • November 20, 2017

    3 Banks Mount New Effort To Slip 15-Year-Old Enron Suit

    Deutsche Bank, Credit Suisse and Merrill Lynch have asked a New York federal judge to rule in their favor and reject what remains of a 2002 lawsuit by Enron Corp. bond buyers that accuse the banks of helping Enron cook its books, saying they could not be made to pay for the energy giant’s collapse.

  • November 20, 2017

    FERC Tells 2nd Circ. To Toss NY Bid To Block Pipeline

    The Federal Energy Regulatory Commission on Monday urged the Second Circuit to deny New York's bid to halt construction of a Millennium Pipeline Co. LLC pipeline while it challenges the agency's ruling that the state waived its permitting authority, saying the Empire State hasn't shown it will likely succeed in its challenge.

  • November 20, 2017

    NY Court Won't End Med Mal Suit Over Hospital Roof Jump

    A psychiatrist must face a medical malpractice suit brought by the guardian of a patient who jumped off a hospital's roof and sustained serious injuries, with a New York appeals panel on Friday finding that a lower court got it right in ruling that the case can’t be tossed for inactivity.

  • November 18, 2017

    Alleged Threat Against Witness Holds Up FIFA Bribery Trial

    A Brooklyn federal judge overseeing the FIFA corruption trial held off on Friday on expected testimony from a government witness over allegations he was threatened on the stand by one of the defendants, who is accused of making a throat-slitting gesture after the defendant’s attorney said it may force him to move for a mistrial.

  • November 17, 2017

    Salsa Co. Continues Push Against ICC Arbitration Provider

    A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.

  • November 17, 2017

    Gun Atty's Counsel Hired Him For Pistol Permit, Judge Told

    Barry I. Slotnick, the lawyer tasked with defending New York City gun-license attorney John Chambers against charges of paying bribes to police for firearms permits, hired Chambers for help with his own pistol permit, a Friday letter says.

  • November 17, 2017

    Aussie Mining Services Co. Seeks US Bankruptcy Cover

    A subsidiary of Australia's BIS Industries Ltd. filed for Chapter 15 protection in New York bankruptcy court on Friday as part of a $750 million debt-to-equity swap that will see a handful of BIS' lenders take control of the mining services contractor.

Expert Analysis

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • A New, Relaxed Standard For Class Cert. In Securities Cases

    Brian Headshot.jpg

    After the Second Circuit’s decision last week in Waggoner v. Barclays, it should be easier for securities fraud plaintiffs to win class certification when their cases involve securities that are not listed on national exchanges, says Brian Lehman of The Lehman Law Group.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • A Look At NYC Bar Association's Task Force On Puerto Rico

    Roger Juan Maldonado

    Last year, the New York City Bar Association created its Task Force on Puerto Rico to monitor and comment on the actions of stakeholders involved in the implementation of the Puerto Rico Oversight Management and Economic Stability Act. The task force's focus has naturally shifted in the aftermath of Hurricane Maria's catastrophic impact, say Roger Juan Maldonado and Neysa Alsina of the New York City Bar Association.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • The Good And Evil Of Permissive Notices Of Occurrences

    Mina Matin

    Under New York law, insureds face both advantages and disadvantages by giving notice of a permissive occurrence as a precautionary measure. Insureds must treat these notices with careful vigilance in order to survive in a competitive insurance market, especially in relation to long-tail risks, says Mina Matin of Norton Rose Fulbright.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.