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New York

  • August 16, 2018

    NYC Butcher Shop Stiffed Workers On Wages, Suit Says

    A butcher shop in Upper Manhattan failed to pay an employee minimum wage and overtime when he was working an average of 96 hours a week in violation of state and federal labor laws, the worker alleged in a proposed collective action in New York federal court.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    NY, Calif. L'Oreal Keratin Classes Get Partial Cert.

    A federal judge Wednesday granted partial certification to New York and California classes in false advertising litigation against L'Oreal USA Inc. over a shampoo and two related hair products, denying some class claims and a nationwide class because they turned on whether consumers relied on the alleged misrepresentations, which can only be determined individually.

  • August 15, 2018

    Feds Want 10 Years For Convicted Ex-Brazil Soccer Boss

    Federal prosecutors in Brooklyn are pushing for at least 10 years in prison for 85-year-old former Brazilian soccer federation president Jose Maria Marin, who was convicted of bribery and corruption-related charges in a trial last year stemming from the U.S. government's wide-ranging FIFA corruption probe.

  • August 15, 2018

    DQ Attys Of Chobani Founder's Ex-Wife, 'Consultant' Says

    A onetime confidant to the ex-wife of Chobani Inc. founder Hamdi Ulukaya told a New York federal judge that her lawyers should be tossed off his federal case against her because they “are simultaneously and necessarily concerned” with their own defenses in a related state action.

  • August 15, 2018

    US Trustee Backs Ex-CEO's Bid To Convert Level Solar Ch. 11

    The ousted former CEO of Level Solar Inc.’s long-simmering bid to convert the defunct residential solar company’s Chapter 11 bankruptcy to a Chapter 7 liquidation began heating up again on Wednesday, as the federal bankruptcy watchdog echoed his concerns while a creditor objected to them.

  • August 15, 2018

    Facebook Beats Mirror Worlds' Patent Suit Over News Feed

    A New York federal judge has ruled that Mirror Worlds Technologies LLC failed to show that Facebook Inc. infringed three of its patents covering digital data organization technology, finding that the social media giant’s news feed and other features did not use a “main stream” as described by the patents.

  • August 15, 2018

    Consumers Seek To Restart Kind Bar False Labeling Suit

    Consumers in a proposed class action claiming that Kind LLC falsely advertises its products as non-GMO on Wednesday asked a federal New York judge to unpause the litigation, saying there’s no telling when the federal government will set a national standard for genetically modified food disclosures.

  • August 15, 2018

    Ex-Katten Atty Loses Bid To Dodge Shkreli Fraud Charges

    A New York federal judge on Tuesday refused to let former Katten Muchin Rosenman LLP attorney Evan Greebel duck charges that he aided now-imprisoned former pharmaceutical executive Martin Shkreli in defrauding Retrophin Inc., finding that the jury had plenty of reasons to convict the corporate lawyer.

  • August 15, 2018

    Cambridge Analytica Trustee Fights Facebook Users' Doc Bids

    The New York bankruptcy trustee for scandal-plagued Cambridge Analytica fought back against requests for documents made by Facebook users suing over the company’s alleged misuse of their personal data, calling the requests too vague and knocking them as a “backdoor effort” to circumvent the discovery process in their own suit.

  • August 15, 2018

    NYU Class Seeks To Oust Allegedly Inept 403(b) Plan Bosses

    A class of New York University employee retirement plan participants urged a federal judge to remove two members from the committee that oversees a pair of NYU retirement plans totaling $4.2 billion, saying Tuesday the court’s factual findings "point to the unmistakable conclusion" that the duo cannot make educated decisions for the plan.

  • August 15, 2018

    Disability Nonprofit Can't Escape Ex-CFO's Benefits Claims

    A New York federal judge has ruled that a nonprofit dedicated to supporting individuals with intellectual and developmental disabilities acted unreasonably in denying its former chief financial officer's request to participate in a supplementary benefits program, though the executive's sex discrimination claims were tossed.

  • August 15, 2018

    Unions Want Trump NLRB Appointees Out Of McDonald's Row

    The Fight for $15 organizing group told the National Labor Relations Board that two Trump administration appointees to the board should bow out of the closely watched McDonald's joint-employer dispute because they previously worked for law firms with ties to the fast-food chain.

  • August 15, 2018

    BALCA Says NY Church Can Sponsor Immigrant Despite Typo

    The Board of Alien Labor Certification Appeals has vacated the denial of a New York church’s application to sponsor an immigrant for permanent employment over an error in the application form, finding that the church did not violate labor rules because it corrected the mistake during the audit process.

  • August 15, 2018

    NY Tunnel Rehab Contractor Dodges Some Race Bias Claims

    The general contractor on a New York City tunnel rehabilitation project on Tuesday dodged claims brought under city, state and federal civil rights laws in a suit alleging it was racially motivated when it scrapped a contract with an African American-owned business.

  • August 15, 2018

    Housing Agency Must Face New Yorkers' Suit Over Lead Paint

    The New York City Housing Authority, Mayor Bill de Blasio and other city officials must face allegations that they flouted federal housing law by failing to inspect or fix lead paint in public housing, but not claims that they violated the residents' constitutional rights, a New York federal judge has ruled.

  • August 15, 2018

    Warner Bros. Sued For Using Photo Of Ex-NFL Star's Fiancee

    A photo agency represented by frequent copyright plaintiffs counsel Liebowitz Law Firm PLLC on Tuesday filed a copyright infringement suit against Warner Bros., its second suit alleging unauthorized use of a photo of the late NFL player Aaron Hernandez's fiancee.

  • August 15, 2018

    Hasbro, DC Comics Settle 'Bumblebee' Superhero TM Battle

    A New York federal judge on Wednesday conditionally tossed Hasbro Inc.'s case accusing DC Comics of copying the name of its iconic yellow character from the Transformers by creating a superhero character named “Bumblebee,” after the companies said they have tentatively reached a settlement.

  • August 15, 2018

    Hausfeld, Susman Awarded $58.4M In Libor MDL Fees, Costs

    Hausfeld LLP and Susman Godfrey LLP will decide how to dole out a nearly $60 million award for attorneys' fees and expenses approved by a New York federal judge Tuesday from $250 million in multidistrict litigation settlements between Citigroup, Barclays and investors suing over rigging of the London Interbank Offered Rate.

  • August 15, 2018

    Morrison Cohen Guides $66M NYC Loan To Somerset Group

    Morrison & Cohen LLP represented Stratford Capital Partners LLC in connection with its $66 million loan to Somerset Group for two office and retail buildings on Lexington Avenue in Manhattan, according to records made public in New York on Wednesday.

Expert Analysis

  • Employment Litigation And Jury Opinions In A #MeToo World

    Ellen Brickman

    Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.

  • Favoring Coverage For Business Email Compromise Losses

    Jan Larson

    As insureds and insurers continue to litigate over coverage for fraudulently induced monetary transfers, two recent decisions from the Second and Sixth Circuits have favored insureds. However, this sector of law is still developing and insureds should pay close attention to pending cases like Principle v. Ironshore in the Eleventh Circuit, say Jan Larson and Raymond Simmons of Jenner & Block LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • 2 Strikes And You’re Out: The Litvak Saga Comes To An End

    Joon Kim

    The U.S. Attorney’s Office for the District of Connecticut, following reversals of two prior convictions, has moved to dismiss its remaining securities fraud claim against bond trader Jesse Litvak. While it can be difficult to prove misstatements are material as a matter of law, the government's move is certainly not a death knell for similarly grounded fraud charges, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Does The Word 'Will' Clearly Accelerate A NY Mortgage Debt?

    Diana Eng

    Currently, there is a split in New York appellate authority over whether a notice of default using the words “will be accelerated" clearly and unequivocally accelerates a mortgage debt upon the expiration of the cure period. Mortgage servicers and other financial institutions would benefit from adjudication of this heavily litigated gray area by the state’s highest court, say Diana Eng and Andrea Roberts of Blank Rome LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.