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New York

  • December 11, 2018

    Ex-FDIC Staffer Found Guilty Of Stealing Banks' Living Wills

    A former senior employee at the Federal Deposit Insurance Corp. was convicted by a Brooklyn federal jury on Tuesday of stealing banks’ confidential regulatory filings known as “living wills” that the government claims she copied so she could prepare for job interviews.

  • December 11, 2018

    'Guy With IPhone' Beats Hearst In Trump Pic Copyright Suit

    A New York federal judge Monday found Hearst Communications Inc. liable for stealing a photo of President Donald Trump crashing a wedding that Esquire magazine pulled from Instagram, rejecting the company's fair-use defense and leaving a jury to find whether the infringement was willful.

  • December 11, 2018

    Ex-Deutsche Traders Fight Convictions, Cite Gov't Misconduct

    Two former traders at Deutsche Bank on Monday urged Manhattan's chief federal judge to reverse their convictions for rigging the London Interbank Offered Rate and dismiss the charges against them, arguing that prosecutors lied and hid evidence throughout the case.

  • December 11, 2018

    Ex-SUNY Prez Gets 3.5 Years For 'Buffalo Billion' Bid-Rigging

    Manhattan U.S. District Judge Valerie E. Caproni hit former State University of New York Polytechnic Institute President Alain Kaloyeros with three and a half years in prison Tuesday for rigging bids, but allowed the nuclear scientist credited with a revitalization of the upstate school to stay free while he appeals.

  • December 11, 2018

    Target To Pay $3M Over Unauthorized Pill Refills In Mass.

    Target Corp. will pay $3 million to settle False Claims Act allegations that it automatically refilled prescriptions at its pharmacies in Massachusetts without approval from patients and doctors and then left the state's Medicaid program with the bill, the U.S. Department of Justice announced Tuesday.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

  • December 11, 2018

    'Whole Grain' Cheez-It Label Suit Sent Back To Fed. Court

    A New York federal court got it wrong when it ruled that labeling Cheez-It crackers "whole grain” isn't misleading even though the snacks are made primarily from enriched wheat flour, the Second Circuit said Tuesday, vacating a decision that it said validated “highly deceptive advertising” and remanding the proposed class action.

  • December 10, 2018

    Deutsche Bank, Investors Seek Quick Wins In RMBS Suits

    Residential mortgage-backed securities investors have asked a New York federal court for rulings they say will narrow the issues for potential trial in two lawsuits they’ve brought over Deutsche Bank’s alleged failures as trustee for dozens of pre-crisis RMBS trusts, even as the bank says the cases should not be allowed to get that far.

  • December 10, 2018

    Judge Mulls Several Outcomes For NY Opioid Surcharge Law

    A Manhattan judge probed the pharmaceutical industry's attack on New York’s $600 million levy on the opioid industry and the state's defense of the law at a Monday hearing, asking questions that suggested a range of outcomes were on the table between letting the law be and striking it down.

  • December 10, 2018

    NY Attorney General Seeks To Sink Exxon Climate Appeal

    New York’s attorney general on Friday asked the Second Circuit to dismiss Exxon Mobil Corp.’s bid to halt the state’s climate change probe into the energy giant, saying the investigation is completed and a civil enforcement action has already been filed based on the results.

  • December 10, 2018

    2nd Circ. Gives IBM Workers A Second Chance At ERISA Row

    A Second Circuit panel on Monday gave a proposed class of IBM employees another shot at proving the company improperly invested workers’ retirement savings in overpriced IBM stock, saying a New York federal judge shouldn’t have tossed claims that the alleged actions flouted the Employee Retirement Income Security Act.

  • December 10, 2018

    SEC Slams Man’s 'Unfocused' Bid To Nix $11.5M Fraud Suit

    The U.S. Securities and Exchange Commission asked a New York federal judge on Friday to reject a Bronxville businessman’s dismissal bid that levies a “series of unfocused attacks” on the agency’s civil suit alleging that he manipulated a microcap company’s stock in an $11.5 million fraud scheme.

  • December 10, 2018

    NY Investment Adviser Cops To 18-Year, $9M Ponzi Scheme

    A longtime retail investment adviser pled guilty in New York federal court on Monday to mail and wire fraud over an 18-year-long Ponzi scheme in which he solicited more than $13 million from elderly investors who ultimately sustained roughly $9 million in losses.

  • December 10, 2018

    Trump Campaign, WikiLeaks Seek To Kill DNC Hacking Suit

    The Trump campaign and WikiLeaks asked a New York federal court to toss the Democratic National Committee’s suit over a pre-election email hack, saying Friday that the suit runs counter to the First Amendment and doesn’t sufficiently allege they violated privacy and intellectual property laws.

  • December 10, 2018

    Bankrupt Helicopter Co. Nabs $49M DIP, $650M Stalking Horse

    An Irish helicopter leasing company told a New York bankruptcy court Monday it has secured $49 million in debtor-in-possession financing and a $650 million stalking horse bid for its fleet from another helicopter leasing company.

  • December 10, 2018

    Long Island Mortgage Co. Exec Gets 2 Years For $9M Fraud

    A former executive of Long Island mortgage lender Vanguard Funding LLC was sentenced to two years after pleading guilty to lying to banks in order to obtain $8.9 million in short-term loans, the U.S. Department of Justice said on Monday.

  • December 10, 2018

    FDA Hit With Suit Over Reporting Leeway For Clinical Trials

    A New York University faculty member and a former U.S. Food and Drug Administration official have hit the agency with a suit challenging a rule they said relaxed the reporting requirements for researchers doing certain clinical trials.

  • December 10, 2018

    Jay-Z Claims Movement In Arbitrator Diversity Request

    Music mogul Jay-Z told a New York state court Monday that the American Arbitration Association has agreed to work with him to ensure more African-American arbitrators would be available in the pool of potential people to hear his intellectual property dispute with Iconix Brand Group Inc.

  • December 10, 2018

    Ebony Sues Univision Over 'FU, Pay Your Writers!' Column

    Ebony magazine ratcheted up a war of words with online competitor The Root, accusing the Univision-owned rival of spreading false rumors and stepping on Ebony’s trademarks in a story that said the magazine didn’t pay its freelancers, according to a suit in New York federal court.

  • December 10, 2018

    Lexington Leads $1B In Commitments For TPG Vintage Funds

    Alternative investment manager Lexington Partners on Monday said it closed a so-called secondary liquidity transaction that saw it helm a roughly $1 billion capital commitment in a pair of TPG Asia vintage funds as the lead investor on the deal.

Expert Analysis

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Opinion

    3 Ways To Disarm The Next Local Subsidy Arms Race

    Anne Philpot

    Amazon recently concluded a 14-month bidding war among 238 cities, each hoping to secure an economic boost. The vicious cycle of offering costly public subsidies to corporate giants can be broken by adopting specific cultural and legal reforms, say Ann Philpot and Michael Farren of the Mercatus Center at George Mason University.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • A Multistate Perspective On Taxation Of Digital Products

    Christopher Lutz.jpg

    While most states have addressed the taxability of canned and custom software, these two concepts already appear antiquated. Now, with electronically delivered and remotely accessible software, the guidance among states has begun to diverge substantially, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • NY Offshore Wind Carries Unique Challenges For Insurers

    Sophie Shiffman

    New York state's abundant wind resources and strong government backing for renewables make it ripe for expansion in offshore wind energy. But the Atlantic coastline, a prime site for wind farm installation, also poses special challenges for development — and special considerations for the insurance industry, say attorneys at Clyde & Co. LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • A Year-End Refresher On Laws Banning Pay History Inquiries

    Amy Traub

    A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.