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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 ...
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.
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.
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.
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.
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.
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.
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.