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New York

  • September 13, 2018

    Barclays Center Settles Suit Over Biased Background Checks

    The Barclays Center has settled a proposed class action in New York federal court brought by job applicants alleging one of its food service providers used a discriminatory criminal history screening policy to deny positions to qualified applicants, with the vendor agreeing to hire workers it had denied and to revise its background check policy with the help of a psychology expert.

  • September 13, 2018

    2nd Circ. Orders Redo Of Union Leader's Extortion Sentence

    The Second Circuit on Wednesday reversed a district court's ruling that a union leader was involved in a conspiracy to extort contractors into hiring his union members, finding that the federal government failed to allege his involvement in the scheme, but affirmed racketeering charges against him and remanded the suit for resentencing.

  • September 13, 2018

    NY Panel Axes MBIA Fraud Claim In Suit Against Credit Suisse

    A New York appeals court decided Thursday it won't revive a fraud claim MBIA Insurance Corp. brought in its $253 million suit against Credit Suisse over losses it incurred backstopping the bank's residential mortgage-backed securities, and also nixed an earlier win the bond insurer scored in the case.

  • September 13, 2018

    EEOC Sues On The Border For Racial Slurs Against Cook

    The U.S. Equal Employment Opportunity Commission slapped Tex-Mex restaurant chain On The Border with a discrimination suit in New York federal court, alleging that employees of a Long Island location regularly lobbed racial slurs at an African-American cook and management did nothing.

  • September 13, 2018

    Real Estate Rumors: Miami-Dade County, Barings, Bringer

    Miami-Dade County is reportedly considering buying a former railroad corridor for $24.6 million, landlord Barings is said to be leasing nearly 20,000 square feet in New York to PR Consulting, and an affiliate of air cargo company Bringer has reportedly paid roughly $2.7 million for a Florida development site.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Medicare Insider Trading Culprits Get Short Sentences

    A Manhattan federal judge went easy on a former Centers for Medicare & Medicaid Services worker, an ex-consultant and two former hedge fund pros convicted of creating a “corrupt tipping chain” that exploited valuable Beltway health spending secrets, giving them short sentences Thursday and letting them remain free while they appeal.

  • September 13, 2018

    Trump Pick For 9th Circ. Advances To Senate

    The Senate Judiciary Committee advanced a slate of President Donald Trump's nominees to the federal bench on Thursday, including an 11-10 party-line vote on Ryan D. Nelson to the Ninth Circuit, making him the third nominee tapped for the appeals court to be reported to the Senate under this administration.

  • September 13, 2018

    VW Says Investors Can’t Piggyback On German Probe

    Volkswagen AG on Tuesday told a New York federal judge that investors are relying on unproven accusations in a German antitrust probe to make their claims that the automaker inflated its stock price, and the automaker urged the court to strike the suit.

  • September 13, 2018

    Ex-Adidas Duo, NBA Agent Want NCAA Case Charges Axed

    Three defendants accused of bribing high school basketball stars and coaches to steer players to college teams sponsored by Adidas urged a New York federal judge to throw out the criminal charges against them, arguing the government hasn’t established that they committed fraud.

  • September 12, 2018

    NY Developer Faces Collection Action After 'Lavish' Pics

    A construction executive misused money meant for a luxury New York City condominium project and failed to repay a related $4 million loan while flaunting his “lavish lifestyle” on Instagram, a group of lenders said in a collection action filed Tuesday in state court.

  • September 12, 2018

    NY Judge Nixes Rest Of Legal Funder Suit After Booting CFPB

    A Manhattan federal judge concluded Wednesday that her decision earlier this year that the Consumer Financial Protection Bureau is unconstitutionally structured and must exit a lawsuit accusing RD Legal Funding of scamming injured NFL players and 9/11 responders means that New York’s attorney general can’t proceed with the rest of the case, after all.

  • September 12, 2018

    Platinum Partners D&O Insurer Can't Slip $5M Liability

    A New York judge has rejected an excess directors and officers liability insurer’s bid to avoid responsibility for up to $5 million in expenses incurred by executives at Platinum Partners who face criminal charges over an alleged $1 billion “Ponzi-like” scheme at the hedge fund, holding that the insurer cannot invoke a policy exclusion to deny coverage.

  • September 12, 2018

    Pension Fund Pans Banks’ Bid To Escape Rate-Rigging Row

    A pension fund on Tuesday fought several foreign banks' efforts to escape its New York federal suit accusing them of plotting to fix a Canadian dollar interest rate, saying HSBC, Deutsche Bank and others made trades tied to the benchmark in the U.S.

  • September 12, 2018

    McCabe Weisberg Exits Foreclosure Services FCA Case

    The relator behind False Claims Act litigation alleging that Fannie Mae, Freddie Mac and the federal government were overcharged for foreclosure services has voluntarily dropped claims against the law firm McCabe Weisberg & Conway PC and two affiliate vendors, according to a filing that a New York federal judge signed on Tuesday.

  • September 12, 2018

    Unmanifested Defects Claims OK'd In GM Ignition Switch MDL

    A New York federal judge Wednesday found plaintiffs in dozens of states in the General Motors ignition switch MDL can recover damages even if the alleged defect never manifested and can recover earnings lost while dealing with the defect.

  • September 12, 2018

    AIG Seeks $2.4M For Apt. Damages From Broken Sprinkler

    An AIG unit alleged in New York state court on Wednesday that the owner of an apartment unit and the construction company tasked with renovating it owe the insurer $2.4 million for a claim it paid out after a broken sprinkler head caused water to pour into a neighboring unit owned by a policyholder. 

  • September 12, 2018

    Filipino Nurses Get Class Cert. In Worker Trafficking Suit

    A New York federal judge on Tuesday certified a class of Filipino nurses in a suit against a Philippines-based recruitment agency and two New York nursing homes for using a $25,000 “contract termination fee” to coerce nurses into staying at their jobs.

  • September 12, 2018

    NY DA Fights Weinstein's Bid To Dodge Rape Charges

    The Manhattan District Attorney urged a state judge on Wednesday to reject Harvey Weinstein’s effort to see grand jury materials and dismiss the sexual assault and rape charges against him, saying its investigation was proper and that Weinstein has gotten all the information he is entitled to.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

Expert Analysis

  • Policing Bad Claims In Consolidated Litigation: Part 2

    Danielle Bagwell

    While conducting a pre-suit investigation sufficient to file a lawsuit may seem like a perfunctory enterprise, courts appear increasingly willing to affirm the importance of complying with this requirement — and this issue is particularly ripe in consolidated and multidistrict litigation, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • In SDNY, Indicting Politicians Is The New Black

    Andrew Bauer

    The indictment earlier this month of U.S. Rep. Christopher Collins, R-N.Y., on insider trading charges is the latest in a series of prosecutions that demonstrate the Southern District of New York's growing effort to hold accountable those who take advantage of their influence for improper gain, say attorneys with Arnold & Porter.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • NY Lawsuit Challenging Federal SALT Cap: The Complaint

    Irwin Slomka

    New York, along with the states of New Jersey, Connecticut and Maryland, has brought suit in federal district court seeking to invalidate the $10,000 cap on state and local tax deductions enacted as part of the Federal Tax Cuts and Jobs Act of 2017. Based on the complaint and the limited judicial precedent cited, the plaintiff states face considerable hurdles, says Irwin Slomka of Morrison & Foerster LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Companies Could Face Pressure Over Board Composition

    Arthur Kohn

    Companies should expect that the New York City Comptroller's Office, State Street Global Advisors and others will continue to seek dialogue, engagement and disclosure on diversity and other important social issues. Based on 2018 proxy season results, investors' votes may increasingly become a referendum on social concerns, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.