New York

  • August 13, 2024

    Take Me Out Of WDTX, Tech Supplier Cries

    A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.

  • August 13, 2024

    Fund Manager Seeks Del. Legal Fee Rulings In Ponzi Fight

    Attorneys for a former hedge fund manager now entangled in wide-ranging Ponzi scheme allegations urged a Delaware vice chancellor on Tuesday toward quick action on his legal fee indemnification claims, citing "great risk" from mounting personal liability exposure.

  • August 13, 2024

    Full 7th Circ. Asked To Review Tossing Of Protein Pouch Fight

    A Florida-based protein powder maker is asking the Seventh Circuit to reconsider its upholding of a Wisconsin federal court's decision to toss its claims over allegedly defective plastic zipper pouches on the grounds that they were filed too late.

  • August 13, 2024

    Coinbase Says Scope Of Discovery Was Set By SEC Suit

    Cryptocurrency exchange Coinbase told a New York federal judge that if its discovery requests for the U.S. Securities and Exchange Commission are onerous for the regulator, the agency's own claims in the registration suit are to blame.

  • August 13, 2024

    Honduran Woman's Rape Case Against ICE Dismissed Again

    A Honduran immigrant waited too long to sue over claims that a U.S. Immigration and Customs Enforcement agent raped her repeatedly for seven years, a Connecticut federal court ruled for the second time, once again finding in favor of the defendants after the Second Circuit revived the case in 2023.

  • August 13, 2024

    NY Cannabis Regulator Accused Of Racial Discrimination

    A public employee with New York state's cannabis regulatory agency said in a new federal lawsuit that she was denied advancement because of racial discrimination and then retaliated against when she called attention to it.

  • August 13, 2024

    2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit

    A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.

  • August 13, 2024

    Intel Accused Of Firing Israeli Who Flagged Pro-Hamas Posts

    Intel terminated an Israeli vice president of engineering because he reported that his boss was openly supporting Hamas on social media in the wake of the militant group's Oct. 7 attack in Israel, according to a lawsuit filed Tuesday in New York federal court.

  • August 13, 2024

    3D Printing Co. Investor Wants Merger With Israeli Co. Blocked

    An investor of 3D printing solutions company Desktop Metal Inc. is attempting to stop the company's proposed merger with Israeli manufacturing firm Nano Dimension Ltd., saying Desktop Metal's deficient proxy statement shows only benefits for the company's executives and directors.

  • August 13, 2024

    NY, NJ And Conn. Score $4.5M Penalty Over Enzo Data Breach

    Molecular diagnostics company Enzo Biochem Inc. has agreed to pay a $4.5 million penalty after an investigation found that the company failed to implement recommended security protocols ahead of a data breach that affected millions of patients, New York's attorney general announced Tuesday.

  • August 13, 2024

    Ontario Athlete Fights NCAA Ban On Junior Hockey Players

    The NCAA conspires to control the youth hockey market by barring anyone who has played in professional hockey's top junior league from playing in college, junior player Rylan Masterson claims in a proposed class action against the NCAA and 10 major-college programs.

  • August 13, 2024

    Tort Report: Disney Blasted For 'Absurd' Arbitration Bid

    A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 13, 2024

    Former Sprinter Eyes Plea Deal In 2020 Olympics Doping Case

    A onetime world-class sprinter from the Atlanta area is in talks to resolve charges that he illegally provided banned performance-enhancement drugs while training other athletes ahead of the 2020 Tokyo Olympic Games, a Manhattan federal judge heard Tuesday.

  • August 13, 2024

    22 AGs Urge 2nd Circ. To Keep Limits On Interstate Gun Sales

    The attorneys general for 21 states and the District of Columbia urged the Second Circuit to uphold a federal law limiting interstate gun sales to licensed dealers, arguing in a brief Monday that the law lets individual states regulate dealers and prevent black-market imports.

  • August 13, 2024

    Davis Polk Lands 3 Fund Management Pros From Debevoise

    Davis Polk & Wardwell LLP announced Tuesday that it is adding three partners who specialize in fund formation matters to bolster its investment management practice in New York.

  • August 13, 2024

    Ex-Rep. Santos Warned Not To Hide Evidence As Trial Nears

    A New York federal judge cautioned former U.S. Rep. George Santos on Tuesday that failing to turn over discovery could box in his defense to allegations of campaign finance fraud and other criminal charges at a trial set to begin next month.

  • August 13, 2024

    Rival Building Suppliers Net $3M Deal To End Competition Tiff

    A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.

  • August 13, 2024

    State Street Fired 9/11 Victim During Cancer Bout, Suit Says

    A former State Street employee filed a lawsuit claiming the Boston-based megabank illegally fired her for taking medical leave for 9/11-related cancer treatments and for internally reporting more than a million dollars in alleged fraudulent bills sent to customers.

  • August 13, 2024

    Talc Claims Land Cosmetics Giant Avon In Ch. 11

    Avon Products filed for Chapter 11 protection in Delaware, saying it needs to address more than $1 billion in liabilities and allegations of injuries caused by talc in its products.

  • August 13, 2024

    3 Firms Drive $3.8B Carlyle-Baxter Kidney Care Deal

    Kirkland & Ellis LLP-led private equity firm Carlyle on Tuesday agreed to acquire the kidney care unit of Baxter International Inc., represented by Sullivan & Cromwell LLP and Baker McKenzie, for $3.8 billion, Baxter said in a statement Tuesday.

  • August 12, 2024

    RFK Jr.'s 'Sham' Address Keeps Him Off NY Ballot, Court Says

    Robert F. Kennedy Jr.'s petition to appear as an independent presidential candidate on New York's ballot is invalid because he claimed a false address, an Albany judge ruled Monday, calling it a "sham" address that he used to maintain his voter registration in the state.

  • August 12, 2024

    Suspect In Smuggling For 'Putin's War Machine' Extradited To US

    A Russian-German national has been extradited to the U.S. from Cyprus and now faces criminal charges in New York federal court for allegedly smuggling American-sourced microelectronics to supply foreign manufacturers with parts to help arm Russia in its war against Ukraine.

  • August 12, 2024

    Nasdaq Isn't Immune From Racial Bias Claims, Investor Says

    The Nasdaq Stock Market isn't immune from racial discrimination claims because such claims are "simply too different" from the claims it actually is protected from as a self-regulatory organization, an investor in a minority-led special purpose acquisition company has argued.

  • August 12, 2024

    PE Firms Aim To Escape RICO Suit Over Inadequate Claims

    Investment firms Advantage Capital Holdings and 777 Partners separately have asked a federal judge in New York to toss a Racketeer Influenced and Corrupt Organizations suit whose allegations include fraud, saying the plaintiff failed to sufficiently plead its claims.

  • August 12, 2024

    Adviser To Pay SEC $6M Over Undisclosed Conflicts

    The U.S. Securities and Exchange Commission announced Monday that investment advisory firm Cadaret Grant & Co. Inc. will pay more than $6 million to settle claims that it failed to make sufficient disclosures to clients regarding its revenue-sharing agreements and conflicts of interests associated with its financial recommendations.

Expert Analysis

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

  • Opinion

    NY Gubernatorial Absence Provision Is Obsolete And Harmful

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    An outdated provision in the New York Constitution means that the governor loses power whenever they leave the state, creating legal uncertainty and undermining confidence in the rule of law — but fortunately, the solution is straightforward, say Liam Turner and John Rogan at Fordham Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Can A DAO Be Sued? SDNY Case May Hold The Answer

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    A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.

  • Tips For Counsel Seeking Balance In The ESG Political Divide

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    Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Valeant Ruling May Pave Way For Patent-Based FCA Suits

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    The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

  • How Advance Notice Bylaws Are Faring In Del. Courts

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    Recent decisions make it clear that the Delaware Chancery Court is carefully reviewing public companies' amended advance notice bylaws in order to balance the competing interests of boards and shareholders, and will likely strike down bylaws that improperly interfere with stockholder franchises, say attorneys at Olshan Frome.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Opinion

    NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

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