New York

  • February 16, 2017

    Capital One Loans $91M For 2 NYC Rental Properties

    Capital One NA has loaned $91 million for a pair of Manhattan rental properties, according to records made public in New York on Thursday.

  • February 16, 2017

    NJ Judge Again Finds Probable Cause In Christie GWB Case

    A New Jersey judge on Thursday again found probable cause in an activist's criminal complaint accusing Gov. Chris Christie of official misconduct over politically motivated lane closures at the George Washington Bridge, sending the matter to prosecutors who have already said they won't pursue charges against the governor.

  • February 16, 2017

    Helicopter Co. Torpedoes Investor Suit Over $206M Deal

    A helicopter parts company escaped allegations that its executives deflated the company's value ahead of a $206 million merger when a New York federal judge ruled on Wednesday that two regulatory filings regarding financial projections were not misleading.

  • February 16, 2017

    Prevezon Blasts New Gov't Evidence In $230M Tax Fraud Suit

    Prevezon Holdings Ltd. lashed out Wednesday at a government request to introduce new documents, new witnesses and new discovery requests in a New York federal court lawsuit stemming from a $230 million Russian tax fraud, arguing prosecutors had their chance to bolster their “insufficient case.”

  • February 16, 2017

    NYC Lawyer Evaluation Scale Makes 2nd Circ. Judge 'Queasy'

    The Second Circuit looked conflicted Thursday on whether a former New York City appellate lawyer's federal disability discrimination and retaliation claims merit a trial, with one judge appearing uncomfortable with a five-point performance review metric used to show the attorney the door in 2013.

  • February 16, 2017

    2nd Circ. Actos Ruling Boosts Pharma Antitrust Plaintiffs

    The Second Circuit has revived claims by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, providing guidance on antitrust causation in a ruling that smooths over a potential roadblock for plaintiffs in similar suits against pharmaceutical companies.

  • February 16, 2017

    NYMEX, CFTC Spar In Suit Over Leaked Trade Info

    New York Mercantile Exchange Inc. told a New York federal court on Wednesday that the Commodity Futures Trading Commission failed to prove it is vicariously liable for two former employees passing confidential trading information to a broker, saying there is no proof that the information was material or shared with bad intent.

  • February 16, 2017

    2nd Circ. Finalizes New York Pre-1972 Song Ruling

    The Second Circuit on Thursday made official what New York’s highest court said in December: that state law does not require radio companies like Sirius XM to pay millions in new royalties to play songs recorded before 1972.

  • February 16, 2017

    Jaspan Schlesinger Partner Sued For $12M Over Lease Flub

    The former lessee of two buildings in Queens launched a lawsuit against a partner at law firm Jaspan Schlesinger LLP in New York state court on Wednesday, saying his advice related to a lease amendment voided an option to eventually purchase the properties at a discount and caused a $12 million loss.

  • February 16, 2017

    BP, Shell Say 2nd Circ. Order Unrelated To Oil Price Claim

    BP PLC, Royal Dutch Shell PLC affiliates and others on Wednesday urged a New York federal judge to toss multidistrict litigation led by a group of derivatives traders alleging market manipulation, saying a recent Second Circuit decision has no bearing on the case.

  • February 16, 2017

    Nigeria's Oil Co. Fights Doc Request In $1.8B Award Case

    Nigeria's state-owned oil company told a New York federal court Wednesday it shouldn't have to turn over bank account and other information sought by subsidiaries of Exxon Mobil Corp. and Royal Dutch Shell PLC in their efforts to confirm a $1.8 billion arbitral award, saying the documents are irrelevant.

  • February 15, 2017

    $4.3M NBC Production Assistant OT Deal Gets Initial OK

    NBCUniversal Media LLC and a group of parking production assistants alleging unpaid overtime in two separate class actions received preliminary approval of a $4.26 million settlement from a New York magistrate judge on Wednesday.

  • February 15, 2017

    Reporter's Atty Hints Fox News Under Federal Investigation

    Fox News may be under federal investigation in connection with the sexual harassment claims that led to a series of lawsuits against the company and its former CEO Roger Ailes, an attorney for a former Fox reporter said in a New York hearing Wednesday, according to reports.

  • February 15, 2017

    'Shadow Insurance' Classes Ask 2nd Circ. To Revive Claims

    A policyholders attorney asked the Second Circuit on Wednesday to revive proposed class claims against Metropolitan Life Insurance Co. and AXA Life Insurance Co. over “shadow insurance” transactions, saying the insurers never disclosed that the tactic falsely inflated company finances.

  • February 15, 2017

    10 State AGs Urge Senate To Reject Vessel Discharge Bill

    New York Attorney General Eric T. Schneiderman and nine other state attorneys general called on U.S. Senate leaders Wednesday to reject legislation they say would dramatically weaken states' authority to protect waterways against pollution from commercial shipping vessels.

  • February 15, 2017

    NY Hospital Loses Med Mal Case For Flouting Court Orders

    A New York appeals court on Wednesday said an estate suing for medical malpractice won its case by default since New York-Presbyterian Hospital/Columbia University Medical Center and others failed to comply with the trial judge's discovery orders, which warranted sanctions harsher than a fine.

  • February 15, 2017

    Nissan Dealership Sales Reps Seek Cert. In FLSA Suit

    Sales representatives for the Nissan dealership of Star Auto Group asked a New York federal judge on Tuesday to grant conditional certification in a Fair Labor Standards Act case alleging they were paid less than minimum wage and shorted commission. 

  • February 15, 2017

    Ex-BNY Mellon Staffer Bilked $7M From Bank, Feds Say

    Manhattan federal prosecutors on Wednesday charged a former employee of a Bank of New York Mellon unit with embezzling $7.1 million over 13 years, which he used to pay for perks like luxury cars, vacations and an outdoor swimming pool.

  • February 15, 2017

    Alston & Bird Nabs Duane Morris Bankruptcy Pros In NY

    Alston & Bird LLP has a hired a pair of former Duane Morris LLP attorneys with expertise in financial restructuring and bankruptcy issues to join its New York office and help meet growing client demand for both skill sets, the firm announced Wednesday.

  • February 15, 2017

    2nd Circ. Won’t Give New Life To ‘Project Runway’ TCPA Suit

    A lower court judge correctly declined to certify a class of consumers alleging robocalls to hype the TV show “Project Runway” violated the Telephone Consumer Protection Act because no list of called numbers existed, a Second Circuit panel said on Wednesday.

Expert Analysis

  • Talking 'Bull': Episode 13, The 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 ...

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Marblegate's Impact On TIA Guarantee Protections

    James H. Millar

    The Second Circuit's opinion in Marblegate does not explicitly address the specific protections that the Trust Indenture Act provides to guarantees. However, one can conclude that Marblegate is consistent with the statutory language, says James Millar of Drinker Biddle & Reath LLP.

  • Employer Guidance As Courts Consider Trump's Travel Ban

    Elizabeth Espín Stern

    Since Jan. 27, many of the initial questions posed by President Donald Trump's recent executive order banning travel to the United States by foreign nationals from seven countries have been answered by administration representatives, but the controversy about the legality of the order continues and is the subject of multiple court actions, say attorneys at Mayer Brown LLP.

  • The Conundrum With Short-Term Rentals In NYC

    David J. Pfeffer

    Apartment vacation rental websites such as Airbnb are on the rise in densely populated and expensive areas, but these services are often illegal in New York City. Both landlords and tenants need to understand the difference between Class A and Class B dwellings, as well as the circumstances under which New Yorkers can rent out apartment space, says David Pfeffer of Tarter Krinsky & Drogin LLP.

  • Inside Northern District Of California's New Patent Rules

    Sruli Yellin

    While the recent revisions to the Northern District of California's influential patent local rules provide for several small tweaks to the rules governing disclosure of infringement contentions and invalidity contentions, the most notable and significant changes impact damages discovery and the disclosure of damages theories and positions, says Sruli Yellin of Fisch Sigler LLP.

  • Strengthening EPA Water Transfers Rule At The 2nd Circ.

    Ronda L. Sandquist

    In Catskill Mountains Chapter of Trout Unlimited v. U.S. Environmental Protection Agency, the Second Circuit issued a highly anticipated ruling confirming the legality of the EPA's water transfers rule. The decision is significant in that it strongly reinforces the legality of the rule and offers additional assurance to water providers that employ or intend to develop water transfers, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • A New Tool For Obtaining Jurisdiction In New York Courts

    Stephen P. Younger

    In the past, a foreign bank’s use of correspondent bank accounts in the United States to facilitate wire transfers has not necessarily given New York courts a sufficient basis for jurisdiction over the bank. But the New York high court's recent decision in Rushaid v. Pictet & Cie may change that, say Stephen Younger and Sarah Ferguson of Patterson Belknap Webb & Tyler LLP.