New York

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Fired NY Post Sports Columnist Drops Suit Over Trump Tweet

    A former sports columnist for the New York Post who said he was wrongfully fired for a personal tweet he sent comparing President Donald Trump's inauguration to Pearl Harbor and 9/11 has dropped his suit in New York State Supreme Court, after the paper moved to toss the allegations.

  • March 23, 2017

    2nd Circ. Looks Ready To Close Book On Newkirk And Maxim

    The Second Circuit looked ready Thursday to move on from former Bryan Cave LLP transactional attorney Harvey Newkirk's quest to exonerate himself after a jury convicted him of helping a client defraud lenders of $8 million as part of a failed ploy to acquire Maxim magazine.

  • March 23, 2017

    NYC Celeb Chefs Settle Trademark Beef Over 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.

  • March 23, 2017

    Photographers Fight Fees After Contract Loss To AP, NFL

    Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge asked the court not to grant the attorneys' fee requests put forth by the defendants, arguing Wednesday that their case wasn’t objectively unreasonable.

  • March 23, 2017

    Drivers Say GM Can't Exclude Valukas Report Facts In Trials

    Drivers in multidistrict litigation over GM’s alleged ignition switch defect slammed the automaker's bid to exclude from upcoming trials a set of admissions made to the National Highway Traffic Safety Administration and the key investigatory “Valukas report,” saying Wednesday that such a move would break with prior rulings and that the evidence is critically relevant.

  • March 23, 2017

    LNG Supplier Says Tribunal Ignored Nothing In Contract Row

    A Trinidadian liquefied natural gas supplier told a New York federal judge Tuesday that it prevailed in arbitration with a Spanish customer fair and square, blasting the customer's assertions of an improper burden of proof imposed by the international tribunal and pushing for award confirmation.

  • March 23, 2017

    MF Global, PwC Settle $2B Malpractice Claim

    MF Global and PricewaterhouseCoopers have settled a $2 billion professional malpractice case in New York federal court to the "mutual satisfaction of the parties," the litigants said Thursday.

  • March 22, 2017

    Exxon Ordered To Turn Over Execs' Climate Change Docs

    The New York judge overseeing a climate change-related probe of Exxon Mobil Corp. on Wednesday ordered the oil giant to produce documents from top executives to the New York attorney general by the end of the month, and directed further talks about recovering missing emails from an alias account of its recently departed CEO, Secretary of State Rex Tillerson.

  • March 22, 2017

    NY Data Breaches Soared To Record Levels In 2016, AG Says

    Fueled by hacks and employee negligence, reports of data security breaches impacting New York state residents jumped by 60 percent to hit an all-time high in 2016, with businesses disclosing nearly 1,300 incidents that compromised 1.6 million residents’ financial and other personal data, the state’s attorney general said Tuesday.

  • March 22, 2017

    Rodale Settles Copyright Row With Dad Who Streamed Birth

    Publishing giant Rodale Inc. has struck a confidential settlement with a California man who filed copyright infringement claims after the company used video footage he inadvertently posted on Facebook of his son’s birth, according to a filing in New York federal court Wednesday.

  • March 22, 2017

    'Spa Castle’ In Hot Water With NY AG Over $1.5M Unpaid Tax

    A massive spa complex in Queens, New York, and its owners and operators face 11 felony counts of tax fraud and theft after Attorney General Eric Schneiderman accused them on Wednesday of dodging $1.5 million in taxes by dealing in cash and underreporting revenues from 2010 to 2013.

  • March 22, 2017

    Walters Jury Hears 'Bat Phone' For Prostitutes, Not Trades

    A defense team seeking to clear gambler Billy Walters of insider trading began a no-holds-barred cross-examination Wednesday of former Dean Foods chair Tom Davis, showing a Manhattan federal jury records of calls the star government witness made to escort services across the country.

  • March 22, 2017

    Drug Cos. Fight Bid For Quick Win In Namenda Antitrust Suit

    An Allergan PLC unit asked a New York federal judge to deny drug wholesalers’ bid for a win on a federal antitrust claim in their lawsuit over the Alzheimer’s treatment Namenda, arguing Tuesday that findings from a previously litigated case have nothing to do with the matter at hand. 

  • March 22, 2017

    Nursing Home Subcontracted To Skirt Union, NLRB Says

    The National Labor Relations Board let stand Tuesday a ruling that a New York nursing home illegally fired certain union supporters, subcontracted work to avoid having to collectively bargain with an SEIU local the provider did not want to recognize, and steered support toward a preferred union.

  • March 22, 2017

    US, Investors Ask 9th Circ. To Toss Malaysian Hotel Appeal

    The U.S. government and investors in a midtown Manhattan hotel that allegedly was partly financed with money embezzled from a Malaysian investment fund have told the Ninth Circuit that a court-approved agreement only sets the framework for a potential sale and isn’t subject to appeal.

  • March 22, 2017

    Real Estate Rumors: Goldman, L3 Capital, Medallion

    Goldman Sachs and Wells Fargo have reportedly loaned $150 million for a Midtown Manhattan property, L3 Capital is said to have bought a Chicago retail building from Thor Equities for $10.2 million, and Medallion Corp. has reportedly bought a Bronx rental building for $38 million.

  • March 22, 2017

    2nd Circ. Panel Upholds Louis CK's Loss In Pension Row

    A Second Circuit panel on Tuesday affirmed a district court decision that put Louis C.K.’s production company on the hook for unpaid contributions to union-affiliated pension and health plans for the comedian’s work editing his FX series “Louie,” saying the company agreed to be bound by agreements that impose special contribution obligations.

  • March 22, 2017

    Chadbourne M&A Tax Partner Joins Holland & Knight

    A former Chadbourne & Parke LLP tax partner with experience representing companies in mergers, including private equity fund I Squared Capital in its $1.2 billion acquisition of Latin American energy interests, has joined Holland & Knight LLP in New York.

  • March 22, 2017

    Zohar Funds Say Tilton 'Pillaged' Them, Can't Escape Suit

    Three collateralized loan obligation funds known as the Zohar Funds urged a New York federal court Monday to keep intact their suit alleging Patriarch Partners LLC magnate Lynn Tilton "pillaged" more than $1 billion from them, saying she is deliberately mischaracterizing the claims in a baseless attempt to preclude them.

Expert Analysis

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • What ACA Repeal Means For The Future Of Medicaid

    Miranda A. Franco

    Republican party leaders have long said they believe Medicaid is fiscally unsustainable and a spending cap is necessary to fix its finances. The American Health Care Act, introduced by Republican House leadership last week, finally puts those ambitions into official legislative language, says Miranda Franco of Holland & Knight LLP.

  • MF Global-PwC Fight Could Set Troublesome Precedent

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    The glaring misperception created by the mere filing of MF Global’s case against PricewaterhouseCoopers is that the audit firm had or should have some responsibility for MF Global's collapse. In addition, certain hallmarks of a framework for a potential claim against accounting firms are absent here, says Jacob Frenkel of Dickinson Wright PLLC.

  • Rent Acceleration Clauses Are Powerful, But Limited In NY

    Eric D. Sherman

    Commercial leases in New York often contain a rent acceleration clause, which provides a landlord relief after the termination of a lease due to a tenant's uncured default. Recently, courts have started to scrutinize the enforceability, scope and effect of these clauses, so they should be carefully written to avoid provisions that would allow a landlord to "double-dip" in the event of a breach, say Eric Sherman and Meghan Hill of P... (continued)

  • Modernizing New York’s Fraudulent Conveyance Laws

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    A bill recently introduced in the New York State Assembly would repeal the state’s version of the Uniform Fraudulent Conveyance Act and replace it with the Uniform Voidable Transaction Act. Adoption of the UVTA would be an important step in ensuring that New York law remains the gold standard in commercial contracts, says Patrick Fitzmaurice of Troutman Sanders LLP.

  • Early Days Of New Administration Show Influence Of TROs

    Lauren  E. Aguiar

    President Donald Trump’s recent executive order banning travel to the U.S. by certain people from several Muslim-majority countries, and the related preliminary injunctive orders, are directly related to concepts of immigration law. However, the temporary restraining order mechanism available under Federal Rule of Civil Procedure 65(b) is relevant to many practitioners, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Talking 'Bull': Episode 16, Free Fall

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • 4th Circ. Uranium Mining Ruling Narrows Federal Preemption

    Michael K. Murphy

    The Fourth Circuit's recent decision in Virginia Uranium v. John Warren demonstrates a narrowing of preemption in areas that were traditionally held to the dominion of federal law: federal regulation of radiological safety under the Atomic Energy Act, and of federal lands under the Mining Act and the U.S. Constitution’s property clause, says Michael Murphy of Gibson Dunn & Crutcher LLP.