New York

  • April 27, 2017

    One Racial Slur Could Trigger Title VII, 2nd Circ. Says

    A supervisor's utterance of a single racial epithet aimed at black employees could create a hostile work environment claim under Title VII, the Second Circuit recently said in reviving an ex-fire safety director's discrimination and harassment suit against his former employer.

  • April 27, 2017

    Investors Say Ambac Can't Shed Puerto Rican Bonds Suit

    Investors accusing Ambac Financial Group Inc. of misleading them about its $2.5 billion Puerto Rican bond portfolio have asked a New York federal court to keep their proposed class action alive, saying Tuesday that the bond insurer’s cautionary statements were too boilerplate to protect it from liability.

  • April 27, 2017

    2nd Circ. Dives Into UVA Students' Rape Defamation Case

    A federal judge's quick dismissal of three fraternity brothers' defamation claims against disgraced journalist Sabrina Rubin Erdely and Rolling Stone over a false article detailing a sadistic rape culture at the University of Virginia drew intense scrutiny Thursday in the Second Circuit.

  • April 27, 2017

    2nd Circ. Says Gov't Must Stick To BMI Appeal Deadline

    The Second Circuit stuck to its guns Wednesday and denied the U.S. Department of Justice’s second request for more time to file its principal brief in its appeal of a decision siding with Broadcast Music Inc. over a decades-old antitrust agreement governing the licensing of music performance rights.

  • April 27, 2017

    2nd Circ. Reverses NYU's $3.5M Award In Drug License Spat

    The Second Circuit on Wednesday reversed a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories, finding that the district court had no basis to conclude the rosacea drug Oracea was or wasn’t a licensed product.

  • April 27, 2017

    Real Estate Rumors: El Tablon, Yeshiva, Goldman Properties

    El Tablon Investments has reportedly bought a Florida retail property for $21.5 million, Yeshiva University is said to have scored a $140 million loan for five Manhattan properties and Goldman Properties has reportedly landed a $22 million loan for a Florida office, retail and restaurant project.

  • April 26, 2017

    'Stalker' CEO Can't Yet Appeal $5.7M Verdict, 2nd Circ. Rules

    The Second Circuit on Wednesday brushed off the appeal of a private equity CEO facing a $5.7 million employee defamation verdict, saying his judgment isn't yet final because there are pending contract claims, so no appeal is allowed.

  • April 26, 2017

    Ruling In GM Case Clarifies Liability Limits In Bankruptcies

    The U.S. Supreme Court’s rejection of General Motors’ bid to dodge responsibility for some of its predecessor company’s actions even after a 2009 bankruptcy makes clear that some buyers in Chapter 11 sales cannot rely on traditional rules to escape liability when parties aren’t properly notified about lingering claims, experts say.

  • April 26, 2017

    2nd Circ. Affirms Call To Toss Ship Investor’s Derivative Suit

    An investment company that sued the directors of Star Bulk Carriers Corp. for cutting deals that allegedly harmed the company’s bottom line was defeated Wednesday in the Second Circuit, which said F5 Capital failed to show that making demands of the directors would have been futile, and clarified its authority in an area where precedent was “virtually nonexistent.”

  • April 26, 2017

    NY Judge Pauses SEC’s ‘Hamilton’ Ponzi Case

    A New York federal judge on Wednesday issued a stay order pausing the U.S. Securities and Exchange Commission’s civil suit against two men accused of running a $97 million Ponzi scheme involving ticket resales to the Broadway smash “Hamilton,” agreeing the men won’t have to answer the allegations.

  • April 26, 2017

    Deals Rumor Mill: Seibu, Volkswagen, Castle Brands

    Cerberus Capital hopes to sell up to $446 million worth of Seibu stock, Volkswagen may sell Italian motorcycle company Ducati, and New York-based alcohol company Castle Brands is considering a sale.

  • April 26, 2017

    Westinghouse Agrees To Litigate Merger Fight During Ch. 11

    Bankrupt nuclear energy giant Westinghouse Electric Co. LLC told a New York federal court Tuesday it has agreed to lift the automatic stay protections of its Chapter 11 case to finish resolving a $2 billion legal dispute in Delaware over its 2015 purchase of Chicago Bridge & Iron Co. NV’s nuclear construction business.

  • April 26, 2017

    Judge Will Retry $14.5M Damages Verdict In Contract Dispute

    A New York federal judge on Wednesday affirmed a jury’s verdict that Tesla Wall Systems LLC's ex-president breached his employment contract but tossed its finding that he owes $14.5 million for undermining the company, saying Tesla’s sole expert — and therefore, the jury — ignored the company’s financial woes.

  • April 26, 2017

    Photogs Say Court Erred In Nixing NFL, AP Royalties Case

    Photographers suing the National Football League and the Associated Press over royalties from their pictures asked the Second Circuit to reverse a lower court ruling against them, arguing Tuesday that a New York federal court erred when it said they did not properly state their claims.

  • April 26, 2017

    2nd Circ. Axes First Bank's 2nd Shot At $62M Lehman Claim

    The Second Circuit on Wednesday told FirstBank Puerto Rico it can't recover $62 million in securities from the estate of Lehman Brothers Inc., finding the bank was not a customer of the bankrupt brokerage.

  • April 26, 2017

    KKR Injects $70M Into Spend Management Software Co. Ivalua

    Private equity giant KKR & Co. LP has agreed to inject $70 million into Ivalua, which provides software to businesses to help streamline spending processes, the companies said on Wednesday.

  • April 26, 2017

    Fox Lobbies FCC To Renew NY Post Ownership Waiver

    The Federal Communications Commission should permit the continued co-ownership of TV stations in New York and New Jersey and the New York Post, Fox told the agency Tuesday, saying a waiver that allows it is in the public interest.

  • April 26, 2017

    Shkreli Lobs Password-Cracking Allegation At Retrophin

    Former Retrophin Inc. CEO Martin Shkreli accused his former company of accessing a password-protected trove of his documents and delivering them to investigators seeking to convict him of securities and wire fraud Wednesday, but a prosecutor said the allegation came out of thin air.

  • April 26, 2017

    Facebook Page Nixed As Evidence In Med Mal Discovery Row

    A New York appellate panel said Wednesday a doctor accused of medical malpractice can’t submit as evidence a patient’s Facebook page purportedly showing him doing numerous physical activities, saying the patient has denied it was his Facebook page so the person who found the page needs to be deposed.

  • April 26, 2017

    TransCare Execs Must Turn Over Patriarch Partners Docs

    A New York bankruptcy judge on Tuesday ordered three top executives of bankrupt medical transporter TransCare Corp. to hand over financial records and communications with its private equity owner, Patriarch Partners, to the company’s Chapter 7 trustee.

Expert Analysis

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Weekly Column

    'Talking Bull': Episode 19, Bring It On

    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 ...

  • Big Stakes In High Court’s Securities Fraud Omissions Case

    Stephen L. Cohen

    Leidos v. Indiana Public Retirement System, which the U.S. Supreme Court will hear this year, presents potentially far-reaching questions, ranging from the U.S. Securities and Exchange Commission’s role in interpreting Section 10(b) to courts’ role in creating a federal common law of disclosure duties, say Stephen Cohen and Daniel McLaughlin of Sidley Austin LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Health Republic’s Curious Liquidation: Part 11

    James Veach

    Because so little information has been provided to the public, it's hard to know if the New York Department of Financial Services missed an opportunity to compromise and resolve issues surrounding the risk corridor and reinsurance programs during the Obama administration, says James Veach of Mound Cotton Wollan & Greengrass LLP in his continued analysis of Health Republic's mysterious liquidation process.

  • ADA Insights From 2nd Circ. 'Needle-Phobia' Decision

    Roland M. Juarez

    Companies still grapple with the bounds of their obligations and how to evaluate possible accommodations under the Americans with Disabilities Act. But a recent Second Circuit opinion provides helpful reminders regarding various aspects of compliance, say Roland Juarez and Lindsay Velarde of Hunton & Williams LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.