New York

  • October 13, 2017

    BNY Mellon Loses 2nd Bid To Toss Commerzbank's RMBS Suit

    A New York federal judge won’t rethink his decision to give a green light to some of Commerzbank AG’s claims in its suit over the Bank of New York Mellon’s alleged bungling of duties to a slew of residential mortgage-backed securities trusts and a collateralized debt obligation, saying Thursday that he applied the right legal standard.

  • October 13, 2017

    4 Things For Employers To Know As Pay Inquiry Bans Crop Up

    California Gov. Jerry Brown's signing Thursday of a new law barring employers from asking job applicants about their salary histories is the latest of several newly adopted state and local laws banning such inquiries that businesses will soon have to follow. Here, Law360 answers a few of employers’ most pressing questions about the bans.

  • October 13, 2017

    Saleswoman Dodges Prison In $30M Russia Export Scheme

    A former electronics saleswoman linked to a $30 million illegal Russian microchip export scheme was sentenced to time served and two years of supervised release Thursday, after she was found guilty of conspiracy to commit wire fraud, a New York federal judge said.

  • October 12, 2017

    Union Attempt To Beat NFL To Court Over Elliott Backfires

    Dallas Cowboys running back Ezekiel Elliott’s six-game domestic violence suspension is back on the table as the Fifth Circuit ruled the players union filed suit prematurely, meaning the union’s preemptive legal strategy to beat the NFL to federal court may have backfired, at least for now. 

  • October 12, 2017

    Cities Get Last Chance To Show They're Not 'Sanctuaries'

    The U.S. Department of Justice gave New York, Chicago, New Orleans and Philadelphia one last chance Thursday to show they’re complying with a federal law prohibiting so-called sanctuary cities, inviting them to submit additional evidence before a final determination is issued.

  • October 12, 2017

    Westinghouse Asks To Use DIP Funds For Nondebtors' Bills

    Nuclear energy contracting giant Westinghouse Electric Co. LLC asked a New York bankruptcy court on Wednesday to authorize amendments to its $800 million postpetition financing arrangement so it can provide emergency funding for struggling nondebtor affiliates overseas.

  • October 12, 2017

    Ex-HSBC Exec Defends Actions Over $3.5B Forex Deal

    A former HSBC foreign currency exchange executive took the witness stand in his own defense for a second day on Thursday in Brooklyn federal court, giving jurors his own version of events surrounding a $3.5 billion forex deal for oil and gas developer Cairn Energy PLC that prosecutors claim was fraudulent.

  • October 12, 2017

    Howard Hughes Corp. Wins Coverage For Sandy Damage

    A New York appellate court reversed a trial court Thursday to find XL Insurance America Inc. must cover a share of up to $50 million in damage to Howard Hughes Corp. properties from Superstorm Sandy, saying the lower court had interpreted a policy limit as an exclusion.

  • October 12, 2017

    NY High Court Ropes Doc Back Into Suit Over Stopped Meds

    New York's highest court on Thursday reinstated claims against a cardiologist in a suit accusing three doctors of negligently halting a patient's heart medication, which purportedly contributed to his death, saying a dispute exists regarding the cardiologist’s negligence.

  • October 12, 2017

    Doors Open For Russia Bank Trustee In NYC Embezzle Probe

    The trustee for an insolvent Russian bank investigating a purported link between funds embezzled by the bank’s former president and New York City real estate purchases won a bankruptcy court fight Thursday with the property buyers over the right to look deeper into past transactions.

  • October 12, 2017

    Racer In $2B Loan Fraud Says Atty Advice Drove Tribal Ties

    A race car driver's strategy to beat charges that he ran a $2 billion criminal payday loan empire came into focus Thursday as he told a Manhattan jury that his ties with Native American tribes were the product of good faith legal advice, but prosecutors countered that he was trying to distract jurors from a mountain of lies.

  • October 12, 2017

    NY Auto Dealers Pay $1M To End Probe Of Padded Prices

    Five metro New York car dealerships have agreed to pay more than $1 million in restitution and penalties for bundling credit repair and other services into vehicle sale prices and sticking buyers with thousands in hidden fees, according to an agreement announced Wednesday.

  • October 12, 2017

    UK Ex-Traders Have Info They Need On Charges, Judge Says

    A New York federal judge said Thursday the government doesn’t need to hand over any more trading data than it has already promised to three British former foreign exchange traders scheduled to go on trial for conspiring to fix the price of U.S. dollars and euros in the foreign currency exchange spot market.

  • October 12, 2017

    Pipeline Co. Urges FERC To Override NY Permit Denial

    Constitution Pipeline Co. LLC on Wednesday urged the Federal Energy Regulatory Commission to overrule New York's denial of a Clean Water Act permit for a $683 million natural gas pipeline, arguing the state had waived its authority by blowing a one-year statutory deadline to act on the permit request.

  • October 12, 2017

    Deutsche Says It Can Fund Defense From Disputed Trusts

    Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.

  • October 12, 2017

    Marcel Asks 2nd Circ. To Revive 'Lucky' Trademark Claims

    Marcel Fashions Group Inc. on Thursday asked the Second Circuit to revive for a second time its 2011 trademark infringement suit against Lucky Brand Dungarees for use of the word “lucky” on clothing, saying Lucky Brand waived its defense of a 2003 release when it didn’t raise it at an earlier trial.

  • October 12, 2017

    Proskauer Atty Says Judge Undercut Gender Bias Case

    A Proskauer Rose LLP attorney locked in a gender discrimination battle with the firm told the Second Circuit on Wednesday that a federal judge undermined her ability to prove her claims when she refused to order mediation services provider JAMS Inc. to turn over pre-suit mediation notes that purportedly documented a Proskauer representative’s retaliatory threat to fire her. 

  • October 12, 2017

    American Securities Sets $6B Target For 8th PE Fund

    New York-based private equity firm American Securities LLC is aiming to raise $6 billion for its eighth fund, after strong demand for its last fund pushed it beyond its target, according to a Wednesday regulatory filing.

  • October 12, 2017

    Breitburn Urges NY Judge To Approve New Ch. 11 Plan

    Breitburn Energy Partners LP unveiled its long-awaited Chapter 11 plan before a New York bankruptcy court on Thursday, pacifying some creditors who’d been on the verge of mutiny over the summer and angering others who say the plan shortchanges them for the sake of expediency.

  • October 12, 2017

    Atty, Ex-NY Democratic Leader Cops To $1M Tax Evasion Plot

    A licensed attorney and former New York Democratic Party leader copped Thursday in New York federal court to not paying nearly $1 million in income taxes while getting paid for legal services provided to various entities, authorities announced.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

    john_tredennick_bg.png

    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Univ. Section 403(b) Retirement Plans: Litigation Update

    Michael Graham

    A series of recent lawsuits that focus on universities’ Section 403(b) retirement plans are similar to the 401(k) plan excessive fee cases against for-profit companies that have been common over the past decade. If any of these new suits are successful, then retirement plans offered by a host of nonprofit entities may be ripe candidates for legal challenges as well, say Michael Graham and Charles Stevens of Michael Best & Friedrich LLP.

  • Nowhere To Run For Treadmill Co. On Class Certification

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    After a federal judge in Illinois granted class certification to purchasers of treadmills featuring allegedly defective heart rate monitors earlier this year, the manufacturer asked the judge to reconsider. Recently, the judge declined to do so. This case is a reminder of the Rule 23 factors courts consider in deciding whether to certify a class, says Allison Semaya of Weil Gotshal & Manges LLP.

  • 4th Amendment And Shared Servers: Lessons From Shkreli

    Claire Johnson

    The prosecution of Martin Shkreli reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: Physical access to documents on a server may trump actual ownership of records, say Claire Johnson and Douglas Young of Farella Braun & Martel LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • 5 Takeaways From The Largest FCPA Resolution

    Abdus Samad Pardesi

    Beyond the stark lesson of the costs associated with bribing foreign officials, there are several key takeaways from Telia’s recent $965 million Foreign Corrupt Practices Act penalty, including the Trump administration’s continuing commitment to enforcing the FCPA and extracting significant settlements, say attorneys with Kirkland & Ellis LLP.

  • Takeaways From 2nd Circ. Donna Karan FACTA Ruling

    Hanley Chew

    The Second Circuit's decision last week in Katz v. Donna Karan is significant in that it permits parties to introduce extrinsic evidence in statutory violation cases when the district court is making a determination on standing, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Wey: When Search Warrants Go Wrong

    Daniel Wenner

    The Wey prosecution in the Southern District of New York is a useful example of how government searches that appear to be proper based on the trappings of propriety — a warrant, an affidavit, good faith — can actually be far from it, says Daniel Wenner of Day Pitney LLP.