New York

  • July 20, 2017

    RFR Lands $105M Refinancing For NYC Office Building

    New York-based real estate investment, development and management company RFR Holdings Inc. has landed a $104.5 million refinancing package for an office building on Fifth Avenue in Manhattan, according to property records made available Thursday.

  • July 20, 2017

    Namenda Buyers' Experts Should Stay, Judge Says

    A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.

  • July 20, 2017

    Entitled Insider Trader Deserves Up To 8 Years, Feds Say

    Federal prosecutors asked a New York federal court on Wednesday to imprison former MSD Capital LP analyst John Afriyie for up to eight years, saying he exemplified greed and a sense of entitlement when using inside knowledge of a $15 billion private equity buyout to turn a profit.

  • July 20, 2017

    Sabre Asks 2nd Circ. To Ax $15M US Airways Antitrust Win

    Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.

  • July 20, 2017

    NY Health Clinic Missed Infant Cancer Diagnosis, Suit Says

    The United States was hit with a negligence suit in New York federal court on Thursday over a federally funded Bronx clinic’s alleged failure to diagnose a cancer on an infant’s foot, requiring part of the child’s leg to be amputated.

  • July 20, 2017

    Lab Test Keeps Trader Joe's Truffle Kerfuffle Simmering

    A Manhattan federal judge told Trader Joe's Co. on Thursday not to bother filing a dismissal bid, after would-be classes of cheated condiment connoisseurs in New York and California said tests prove the grocery giant sold imported truffle-flavored olive oil that contains no "black truffle whatsoever."

  • July 20, 2017

    Real Estate Rumors: Beacon Capital, SL Green, AB Capstone

    Beacon Capital Partners reportedly has a deal to pay $165 million for a Chicago office tower, real estate investment trust SL Green is said to have leased 46,492 square feet in New York to an entity tied to Tavistock Group, and Queens developer AB Capstone is reported to have leased 20,000 square feet each to Michaels Cos. and Blink Fitness in Brooklyn.

  • July 19, 2017

    Judge Splits Albany Corruption Case, Trials Set For 2018

    A sprawling corruption case involving two former aides to New York Gov. Andrew Cuomo and hundreds of millions of dollars of rigged contracts was split in two by a federal judge in Manhattan on Tuesday, with trials set to begin in January and May.

  • July 19, 2017

    NY Judge Greenlights Racketeering Suit Over Event Co. Sale

    A New York federal judge ruled Tuesday that the founder of the Manhattan Cocktail Classic can proceed with her racketeering suit against a husband-and-wife duo she has accused of scamming her into selling the drinks festival’s production company and then paying less than a tenth of the nearly $1 million agreed-upon price.

  • July 19, 2017

    Arconic Didn't Disclose Panel Sales Risks In IPO Docs: Suit

    Arconic Inc. was hit with another shareholder suit in New York federal court on Tuesday over its disclosures related to its sales and marketing of flammable exterior cladding panels that reportedly contributed to the rapid spread of the deadly June 14 blaze at London's Grenfell Tower.

  • July 19, 2017

    Insurers, Policyholders Both See Silver Lining In Olin Ruling

    The Second Circuit's decision Tuesday in Olin Corp.'s bid for environmental cleanup coverage reaffirmed a ruling from the New York Court of Appeals that policyholders can seek coverage for an entire loss under any triggered policy they hold, but it also opened the door for insurers to reduce their liability by deducting past payments by other carriers.

  • July 19, 2017

    Madoff Trustee Gets 2nd Crack At 2nd Circ. RBS Case Appeal

    A New York bankruptcy judge unwound his own decision refusing to let the Bernie Madoff bankruptcy trustee take an RBS clawback case dismissal to the Second Circuit, finding Wednesday that because the judge issued his decision too late, he hadn’t had the jurisdiction to make it.

  • July 19, 2017

    Bid To Block Ch. 15 Recognition Scrutinized In Russian Case

    A U.S. company pursuing a $750 million suit over the alleged corporate raiding of a major Russian granite producer is looking at an uphill battle after a New York bankruptcy judge explained Wednesday that blocking Chapter 15 recognition of a foreign bankruptcy, which had paused the suit, would require second-guessing a Russian court.

  • July 19, 2017

    Shkreli Trial On Hiatus Over Gov't Evidence Gambit

    A Brooklyn federal judge on Wednesday put the securities fraud trial of Martin Shkreli on hold after prosecutors sought to introduce a host of investor documents without calling those witnesses to testify, sounding skeptical about the government's tactic. 

  • July 19, 2017

    2nd Circ. Nixes Jury Verdict For Rehab Center In Firing

    The Second Circuit on Wednesday wiped out a jury verdict against a substance abuse counselor who alleged she was fired for taking medical leave, saying the judge had set the bar too low for the employer and unfairly let it hammer her for invoking the Fifth Amendment in a deposition.

  • July 19, 2017

    Greenberg Traurig Blasts Malpractice Claim In Clawback Row

    Greenberg Traurig LLP has asked a New York state court to dismiss NextEra Energy Inc.'s malpractice suit claiming the firm failed to assert a specific safe harbor defense to a clawback claim in a bankruptcy case, arguing the firm would have had no reason to believe the defense would work.

  • July 19, 2017

    U2 Wants 'Achtung Baby' Copyright Case Booted

    Rock band U2 asked a New York federal judge Tuesday to toss out a copyright lawsuit claiming a hit off the group’s 1991 “Achtung Baby” borrowed heavily from a little-known 1989 song, saying the two tunes “sound nothing alike.”

  • July 19, 2017

    NY Atty Charged Over Pump-And-Dump Scheme

    Federal prosecutors in Florida charged a New York attorney on Wednesday over his alleged role in a pump-and-dump scheme in which several co-conspirators issued shares in fraudulent shell companies and sold them to investors at a profit.

  • July 19, 2017

    Brit Charged In $37M Bitcoin, Office Co. Scam Skips Court

    A British man on the lam from the FBI and the U.S. Securities and Exchange Commission who stands accused of raising $37 million from investors in fraudulent schemes involving a bitcoin trading company and a co-working startup on Wednesday skipped a hearing on the New York federal civil case, surprising no one.

  • July 19, 2017

    Oil CEO Wants Evidence From 'Overbroad' Warrant Nixed

    An oil and gas entrepreneur charged with bank and visa fraud along with a separate charge of criminal contempt asked a New York federal judge on Wednesday to suppress any evidence found by investigators on his electronic devices because the warrant authorizing their seizure was overbroad and without a time limit.

Expert Analysis

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

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    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    Defendants May Come To Regret This High Court 'Victory'

    Mark Rosen

    Although the wisdom of the U.S. Supreme Court’s decision in ANZ Securities is certainly subject to debate, commentary suggesting that the ruling is the death knell for securities class actions goes too far. A recent Law360 guest article ignores the securities litigation procedures mandated by Congress as well as the trend away from early class certification in these cases, says Mark Rosen of Barrack Rodos & Bacine.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions

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    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.

  • Petrobras Does Little To Clarify Class Ascertainability

    Jonah Knobler

    In Petrobras, the Second Circuit purported to “clarify” its leading ascertainability decision, Brecher v. Republic of Argentina. In reality, however, it essentially rewrote Brecher, stretching it beyond recognition to revamp the law of ascertainability in the circuit, says Jonah Knobler of Patterson Belknap Webb & Tyler LLP.