New York

  • June 23, 2017

    Court Affirms Tossing Of Hospital Visitor's Suit Over Injury

    A woman claiming that a hospital was liable for her shoulder injuries after she broke the fall of a patient she was visiting did not have a good enough expert report to substantiate her claims, a New York state appeals court ruled Thursday.

  • June 23, 2017

    Industrial Manufacturer Blank Check Co. Raises $225M In IPO

    Hennessy Capital Acquisition Corp. III, a blank check company with plans to capitalize on a revival in U.S. manufacturing, has raised $225 million after pricing an initial public offering on Thursday under guidance from Ellenoff Grossman & Schole LLP.

  • June 23, 2017

    Bitcoin Case Defendant Says No Actual Loss To Victim Banks

    A tech expert who was convicted in a scheme to co-opt a credit union to process illegal bitcoin dollar exchanges told a New York federal judge on Friday that the government’s loss calculation for sentencing is “outrageously overblown” because none of the victim banks lost money or even risked losing money.

  • June 23, 2017

    DC Circ. Panel Backs NY In Suit Over Pipeline Permit Delay

    A D.C. Circuit panel on Friday nixed Millennium Pipeline Co.'s suit claiming New York environmental regulators were dragging their feet on issuing a water quality permit for a natural gas pipeline, saying the delay hasn’t cognizably harmed the company.

  • June 23, 2017

    German Drivers' Bid For Jones Day VW Docs Ruled Too Broad

    A New York federal judge on Friday rejected a bid by prospective plaintiffs to subpoena Jones Day for documents from the law firm's investigation of Volkswagen AG and its emissions scandal to use in their future suits in Germany against the embattled carmaker, saying their request was too broad.

  • June 23, 2017

    Labaton Sucharow Picked To Lead Tempur Sealy Investor Suit

    A New York federal court on Thursday selected Labaton Sucharow LLP to serve as lead counsel for a proposed class of Tempur Sealy International Inc. investors who say the mattress manufacturer misled them before its relationship with the largest U.S. mattress retailer dissolved.

  • June 23, 2017

    NY Post Tells Judge It Stands By 'Biggest Loser' Exposé

    The New York Post on Friday told a federal judge that it stands by its May 2016 reports detailing how weight-loss contestants on a television show called “The Biggest Loser” went to extremes to drop pounds, including by using drugs, after a doctor sued, claiming the paper defamed him.

  • June 23, 2017

    Ex-Colgate CFO Proves Paris Is Home, Beats $2.2M NY Tax Bill

    A former Colgate executive may have spent more physical time in New York City than in Paris during 2011 and 2012, but the City of Light was his real home, according to a New York Division of Tax Appeals decision made public Thursday, nixing a $2.2 million state tax bill.

  • June 23, 2017

    Flavor Co. Makes $56M Settlement In Trade Secrets Suit

    New York-based International Flavors & Fragrances Inc. on Friday agreed to pay flavor company ZoomEssence Inc. $56 million to settle claims in New Jersey federal court that it stole ZoomEssence’s technology for converting liquid flavors to powders and then called the technology its own.

  • June 23, 2017

    Ex-CEO Of Pokeware Pleads Guilty To $6M Investor Fraud

    The founder and former CEO of Pokeware on Thursday pled guilty in a New York federal court to defrauding investors of more than $6 million, kiting checks to dupe them into believing the company had more assets than it did and then converting investors’ money for her personal use, prosecutors said.

  • June 22, 2017

    Feds, Shkreli Trade Claims Of Dubious Witness Tricks

    A federal prosecutor on Thursday told a New York federal judge that a relative of former pharmaceutical executive Martin Shkreli had contacted a witness and implied they should not testify, while Shkreli's lawyers warned that the government may be scaring off defense witnesses from the securities fraud trial.

  • June 22, 2017

    NLRB Refers Atty To Investigator For Hearing Misconduct

    A New York management-side attorney will be investigated by the National Labor Relations Board for possible discipline after he allegedly threatened workers testifying in a union organizing dispute with deportation, according to a Tuesday order.

  • June 22, 2017

    Brewer Tells 2nd Circ. It Had 'Rogue' Marks Before Clothier

    Rogue Ale brewer Oregon Brewing Co. on Thursday asked the Second Circuit to reverse a lower court ruling in a trademark fight with apparel maker Excelled Sheepskin & Leather Coat Corp. over the disputed “Rogue” mark, saying a district court wrongly blocked the beermaker from selling its clothing in department stores.

  • June 22, 2017

    Investors Call Coworking Startup Bar Works A Ponzi Scheme

    Bar Works, a startup that purports to be in the shared-workspace business, is now the subject of at least two lawsuits from investors who call it a multimillion-dollar Ponzi scheme.

  • June 22, 2017

    NY Lawmakers Pass Bill To Extend Med Mal Time Limits

    The New York Legislature advanced a bill that would delay the running clock on cancer patients’ medical malpractice claims to the date the alleged injury was discovered rather than the date the alleged negligence took place, with both houses voting the bill through on Wednesday.

  • June 22, 2017

    REIT Ex-CFO's Bonus Could Hit 8 Times Salary, Feds Say

    Federal prosecutors on Friday showed jurors in the fraud trial of ex-American Realty Capital Properties Chief Financial Officer Brian S. Block a salary schedule that would grant him eight times his $500,000 salary in cash and equity as a bonus that depended in part on the value of a key earnings metric with which he is accused of fiddling.

  • June 22, 2017

    Murray Energy Hits John Oliver, HBO With Defamation Suit

    Murray Energy Corp. has lodged a defamation suit against comedian John Oliver in West Virginia state court over an HBO segment lampooning CEO Bob Murray as a “geriatric Dr. Evil,” claiming it wrongly states the cause of a fatal collapse at one of the company's mines. 

  • June 22, 2017

    2nd Circ. Urged To Put Big Banks Back In ERISA Forex Suit

    A proposed class of retirement plan beneficiaries and others on Thursday asked the Second Circuit to revive claims against Credit Suisse, Deutsche Bank and other banks accusing them of violating the Employee Retirement Income Security Act by foreign exchange market-rigging, saying the banks were ERISA fiduciaries.

  • June 22, 2017

    Deutsche Defends Loan Sample In $306M Mortgage Trust Suit

    A Deutsche Bank unit fired back Thursday at a Morgan Stanley subsidiary’s bid for a quick win against a $306 million contract suit over a residential mortgage trust, saying there is nothing wrong with using sampling to identify defective loans among more than 4,000 Deutsche Bank oversaw as trustee.

  • June 22, 2017

    Brazilian Reinsurer Must Cough Up $5M, Insurer Says

    The National Indemnity Co. doubled down on its bid for $5 million from a Brazilian reinsurer so it can pay a settlement it reached with a steel maker in a related dispute, telling a New York federal court Wednesday the reinsurer is obligated to pay it under an arbitration award.

Expert Analysis

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • 1 Year After Ambac: Sharing Information Among Deal Parties

    Daniel Halston

    Despite all the attention Ambac v. Countrywide has received in the legal press, so far it has not sparked a trend outside of New York toward a narrower application of the common interest doctrine. But one year after the court’s decision, one thing remains clear: parties should proceed with caution before sharing privileged information with an opposing party in a transaction, say attorneys with WilmerHale.

  • Suffering Withdrawal: The Post-Paris Energy Outlook

    James Hoecker

    The Trump administration's withdrawal from the Paris climate accord has not deterred a number of U.S. states, municipalities and technology companies from their clean energy plans. But in a competitive world, weak government support for new technologies and industries may have substantial commercial consequences, says James Hoecker of Husch Blackwell LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Monthly Column

    Inside The 1st Muni Bond Criminal Case

    Daniel Wenner

    What led to the Ramapo Local Development Corporation executive director's guilty plea and the Ramapo town supervisor's conviction in the first-ever fraud prosecution over municipal bonds? Let's just say it had a bit to do with ignoring the will of the voters and a little to do with a habitat for rattlesnakes, says Daniel Wenner of Day Pitney LLP.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • How Airbnb Facilitates Profiteering In New York City

    Thomas Dickerson

    A New York appellate court's recent decision in Goldstein v. Lipetz sustained the eviction of a tenant for renting out her apartment at rates far in excess of her stabilized rent. The courts appear to share the state governor's opinion that Airbnb facilitates some of its hosts in ignoring housing statutes and regulations, says Thomas Dickerson of Herzfelt & Rubin PC.

  • When Is A Working Capital Agreement A Loan? It Depends

    Benjamin Jackson

    Drafters of working capital agreements should be aware that there is now at least one court ruling holding that if the terms of a working capital agreement resemble those of a loan agreement, then it will likely be treated as such regardless of what the agreement calls itself, say Benjamin Jackson and Muhammad Faridi of Patterson Belknap Webb & Tyler LLP.