New York

  • August 16, 2017

    FedEx Ground NY Drivers Seek Cert. In Misclassification Suit

    A group of FedEx Ground Package System Inc. delivery drivers in New York asked a federal judge Tuesday to certify their class action claiming the company shorted them on pay by misclassifying them as independent contractors, hoping to advance another high-profile dispute over the package delivery giant's employment relationship with drivers.

  • August 16, 2017

    Trump Looks To Speed Infrastructure OKs, Undo Flood Rules

    President Donald Trump on Tuesday issued an executive order that sought to speed up the process for approving infrastructure projects and revoked federal flood risk standards put in place by former President Barack Obama that set guidelines for publicly funded construction.

  • August 16, 2017

    Firing Needlephobic Pharmacist Violates ADA, Justices Told

    The Second Circuit used an oversimplified test when judging whether the Americans with Disabilities Act protects a veteran Rite Aid Corp. pharmacist who was fired when he was suddenly required to give vaccinations even though he’s severely afraid of needles, the pharmacist told the U.S. Supreme Court.

  • August 16, 2017

    Barclays Asks NY Top Court To Toss Amici In $10B Saudi Suit

    Barclays PLC on Saturday said that an amicus brief written by two New York law professors backing a Saudi contractor’s appeal in a $10 billion fraud case raises “entirely academic” issues and should be rejected by the state’s top court.

  • August 15, 2017

    Exec Details Mobile Messenger 'Auto-Subscribe' Scam At Trial

    A former mobile technology company executive dominated the second day of the retrial of two ex-colleagues accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services, testifying Tuesday that one of the men encouraged him to get involved and to play along when things got rocky.

  • August 15, 2017

    Twice-Convicted Jefferies Trader Seeks Bail Pending Appeal

    Former Jefferies Group residential mortgage-backed securities trader Jesse Litvak on Tuesday asked the Second Circuit to let him stay out of prison while his securities fraud appeal plays out, saying that like in his first appeal, he's again raised a substantial legal question that will likely lead to a reversal or new trial. 

  • August 15, 2017

    Atty Wants SEC Insider Trading Deal Quashed Post-Newman

    An attorney and former broker who copped to insider trading but whose case was thrown out in the wake of the Second Circuit's landmark Newman decision on Tuesday told the Second Circuit that his related settlement with the U.S. Securities and Exchange Commission should be vacated as well, since it was clearly based on his guilty plea.

  • August 15, 2017

    Kushner Cos. Hit With Suit Over Rent Stabilization

    A putative class of renters are claiming in a suit filed Tuesday in New York state court that Kushner Cos. LLC, the property company formerly run by President Donald Trump’s senior adviser and son-in-law Jared Kushner, failed to provide rent stabilization to new tenants.

  • August 15, 2017

    Ex-Chadbourne Attys Counter Push To Strike Latest Complaint

    Counsel for female lawyers suing Chadbourne & Parke LLP for gender discrimination urged a New York federal judge on Monday to reject the defendants’ push to strike their latest complaint, saying that new revisions are predominantly updates stemming from the firm’s acquisition by Norton Rose Fulbright.

  • August 15, 2017

    Sheppard Mullin Adds Partners To Corporate Practice

    Sheppard Mullin Richter & Hampton LLP added two partners to its corporate practice earlier this month, signaling an expansion of its commercial transactions team, particularly in international mergers and acquisitions.

  • August 15, 2017

    Alleged Ponzi Schemer Denied Leave To Travel To Vegas

    The alleged mastermind behind a $70 million ticket-resale Ponzi scheme was denied permission to fly to Las Vegas and ply his trade ahead of the landmark Mayweather-McGregor boxing bout, as the criminal case against him got underway in New York federal court Tuesday.

  • August 15, 2017

    Swiss Asset Manager Ducks Tax Fraud Charges With $5M Deal

    Swiss asset manager Prime Partners SA on Tuesday entered a deal in which the U.S. government agreed not to bring criminal charges for helping Americans dodge taxes after the firm opened its files on certain client accounts and agreed to pay $5 million.

  • August 15, 2017

    SIPC Recommends $32M Fee Approval For Madoff Trustee

    The Securities Investor Protection Corp. urged a New York bankruptcy court on Tuesday to approve a request by BakerHostetler for $32 million in legal fees for four months of discounted work managing the liquidation of Bernie Madoff's defunct investment firm, saying the firm has achieved substantial progress.

  • August 15, 2017

    Trump Admin. Cites Progress On NRDC Climate Info Queries

    The Trump administration told a Manhattan federal judge Tuesday that it expects to be able to submit soon a schedule for production of the thousands of unfilled freedom of information requests by the Natural Resources Defense Council by next month as agencies scurry to comply with the past-due requests.

  • August 15, 2017

    SlimFast Says Supplier Retaliated For Canceled Contract

    The maker of SlimFast diet drinks hit its former exclusive supplier with a suit in New York federal court, alleging that the provider retaliated against it for terminating their contract and compelled it to accept more than doubled fees per bottle shortly before the diet industry’s busiest season.

  • August 15, 2017

    New York Narrows State Sales, Use Tax Exemptions

    The New York State Department of Taxation and Finance on Monday outlined recent changes to the state’s tax rules that winnow down taxpayers exempt from sales taxes on transactions between related entities and use taxes for goods and services purchased by nonresident businesses.

  • August 15, 2017

    Real Estate Rumors: WeWork, DramaFever, Daniel Catalfumo

    WeWork is reportedly leasing 85,000 square feet in New York, video streaming firm DramaFever has reportedly subleased nearly 23,000 square feet in New York from email tech solutions firm Return Path, and developer Daniel Catalfumo is said to have purchased two buildings from New England Institute of Technology at Palm Beach for $15.75 million.

  • August 15, 2017

    ADR Group Taps Hughes Hubbard Atty For Committee Chair

    A Hughes Hubbard & Reed LLP partner specializing in high-stakes international arbitration has stepped on as the new chair for the flagship committee of the International Institute for Conflict Prevention and Resolution, a New York-based nonprofit that researches and provides alternative dispute resolution methods.

  • August 15, 2017

    Split NLRB Partially Reverses Judge On Customer Info Rules

    A split National Labor Relations Board on Monday found that Macy’s Inc.’s rules prohibiting the disclosure of information about customers obtained from the department store company’s confidential records don't violate the National Labor Relations Act, overturning an NLRB judge’s decision to the contrary.

  • August 15, 2017

    Cadwalader Steers $500M Wells Fargo Loan To Vornado

    Cadwalader Wickersham & Taft LLP represented Wells Fargo Bank NA in connection with its $500 million loan to real estate investment trust Vornado Realty Trust for an office and retail property on Madison Avenue in Manhattan, according to records made public in New York on Monday.

Expert Analysis

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Textalyzer Technology Faces Privacy Roadblocks

    Tamara Kurtzman

    Designed to deter and identify distracted drivers, Cellebrite's “textalyzer” is a mobile device that, once connected to a cellphone, purports to reveal whether any phone activity occurred. While some states have already taken steps to see this technology implemented on their roads, lawmakers in states like California may face difficulty, says Tamara Kurtzman, managing partner of TMK Attorneys.

  • How The Grinch Stole Fair Use

    Jim Burger

    A case in the Southern District of New York centers on a play that presents a wicked spin on Dr. Seuss’ “How the Grinch Stole Christmas!,” and may test the boundaries of what is parody, what is transformative, and how much taking is “fair,” says Jim Burger of Thompson Coburn LLP.

  • The Growing Circuit Split Over FCA First-To-File Rule

    Brian Boyle

    Recently, the D.C. Circuit and the Second Circuit have broken with their sister circuits and treated the False Claims Act first-to-file requirement as nonjurisdictional and merely a matter of adequate pleading. This has the potential to limit the usefulness of one of the most important FCA defenses, say attorneys with DLA Piper.

  • Bristol-Myers Squibb: The Aftermath

    Erin Bosman

    Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California. Mass tort defendants appear to be wasting little time in moving to dispose of claims from nonresident plaintiffs under this ruling, say attorneys with Morrison & Foerster LLP.

  • How To Assess Real Estate Taxes In NYC: Part 2

    Excerpt from Lexis Practice Advisor
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    An understanding of the assessment prices, how real estate taxes are calculated and the benefit programs that New York City makes available to property owners will allow counsel to better negotiate on behalf of clients, says Steven Tishco of Marcus & Pollack LLP in the final part of this article.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How New York State Is Making Energy Storage A Priority

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    In June, the New York State Legislature passed the Energy Storage Deployment Program bill to incentivize greater use of energy storage technologies. This will be a critical piece of a multipronged strategy to flatten the peaks and troughs of the daily electricity load profile and enable high penetration of intermittent renewables, say Thomas Puchner and Kevin Blake of Phillips Lytle LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.