New York

  • 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.

  • February 15, 2017

    Target Lands Partial Win In Online Advertiser Suit

    A New York federal judge has let Target Corp. escape numerous counterclaims filed by a former business partner that provided services to the retailer’s online advertisers, though the judge declined to grant Target’s quick win request on its claim the advertising servicer owed it more than $9 million in revenue.

  • February 15, 2017

    Pastor, Tech Whiz Blame Coin.mx Boss As Bribery Trial Opens

    New Jersey pastor Trevon Gross and tech expert Yuri Lebedev told a Manhattan federal jury Wednesday that Anthony Murgio, the founder of Coin.mx who has pled guilty in the bribery and fraud case, is to blame for an illegal scheme to take over a credit union for bitcoin payment processing.

  • February 15, 2017

    SunEdison Seeks 4th Ch. 11 Plan Exclusive Filing Extension

    Solar company SunEdison Inc. asked a New York bankruptcy court on Tuesday to again extend its right to file a reorganization plan without competing proposals for an additional 30 days, saying a "modest" extension should allow it to finish addressing issues over proposed transactions and settlements involving two yieldcos.

  • February 15, 2017

    Conflicted Kirkland Team Hangs On In Turkish Trader Case

    A Kirkland & Ellis team representing a Turkish businessman accused of money laundering and breaking U.S. sanctions on Iran can stay in the case despite a maze of conflicts surrounding the firm’s work for banks named in the government's case, a New York federal judge ruled Wednesday.

  • February 15, 2017

    Ariz. Man Settles SEC’s Real Estate Fraud Claims

    The U.S. Securities and Exchange Commission said Tuesday it has netted a $500,000 settlement from an Arizona man accused of scamming real estate investors by taking undisclosed management fees and pawning off most the work on an unvetted broker who was later imprisoned on unrelated charges.

  • February 15, 2017

    Post-Spokeo Trends Offer Clues For Standing In Privacy Suits

    Federal courts in New York and Los Angeles came to opposite conclusions last month in trying to apply the U.S. Supreme Court's Spokeo ruling to high-profile privacy cases, yet attorneys see in those decisions hints as to how courts will decide whether plaintiffs suffered real harm in alleged invasions of privacy or unauthorized releases of personal information.

  • February 15, 2017

    REIT Broadstone Net Lease Prices $150M Debt Offering

    Rochester, New York-based real estate investment trust Broadstone Net Lease Inc. on Tuesday said that it has priced a $150 million private offering of senior unsecured notes to help diversify its exposure to lenders and lengthen its debt maturity schedule.

  • February 15, 2017

    Copyright Law Profs Blast ReDigi Music Ruling At 2nd Circ.

    Two dozen copyright law professors urged the Second Circuit on Tuesday to overturn a district court’s $3.5 million judgment against music sharing service ReDigi for infringing Capitol Records' copyrights, saying the decision undermines the law's careful balance between the rights of copyright holders and purchasers.

  • February 15, 2017

    Real Estate Rumors: Brian Itzkowitz, Allegiant, Trimfit

    An entity managed by New York lawyer Brian Itzkowitz is said to have bought a Florida development site for $31 million, Allegiant Real Estate has reportedly loaned $60 million to Walter & Samuels for a Manhattan school, and retailer Trimfit is said to have more than tripled its space in Manhattan.

  • February 15, 2017

    Uber EATS Couriers Blast Bid To Arbitrate Classification Suit

    Uber EATS bicycle couriers bringing a proposed class action over alleged Fair Labor Standards Act violations urged a New York federal judge Tuesday to reject Uber’s bid to compel arbitration, saying they were coerced into assenting to arbitration agreements and didn't know what they were agreeing to. 

  • February 15, 2017

    Facebook Birth Video Copyright Claims Are Tossed

    A New York federal judge on Wednesday dismissed copyright infringement claims against ABC, NBC, Yahoo and COED Media, saying their use of video and screen grabs from a birth streamed over Facebook Live fell squarely within fair use.

  • February 15, 2017

    CUNY Athletics Official Charged With Embezzling $600K

    A former City University of New York basketball coach and athletics official was charged on Tuesday in New York federal court with pocketing $600,000 in gym rental fees intended for Baruch College, a school still shaken by an NCAA violations scandal.

  • February 15, 2017

    Ex-SocGen Employee Loses Bid To Vacate Arbitration Award

    A New York federal judge on Tuesday denied a former Societe Generale SA energy derivatives employee's bid to nix an arbitral award clearing the French financial firm of wrongdoing for denying him a post-merger promotion, saying the former employee hadn't shown the arbitration was biased against him.

  • February 15, 2017

    FCA Relator Seeks Cut Of Deutsche’s $7.2B RMBS Deal

    A former Citigroup investment banker moved in New York federal court Tuesday to recover part of a $7.2 billion settlement Deutsche Bank AG paid to resolve a False Claims Act suit claiming it concealed shoddy residential mortgage-backed securities, saying the case wouldn’t have been possible without the information he offered as a relator.

  • February 15, 2017

    Galanis Family Fraudster Gets 135 Months For Gerova Scheme

    A Manhattan federal judge hit fraudster Jason Galanis with a prison sentence of 11 years and three months Wednesday and ordered him to forfeit $37.6 million for a scheme to steal from investors in a reinsurance concern called Gerova Financial Group Ltd.

  • February 15, 2017

    Veritas Capital Secures $3.55B For Middle-Market Tech Fund

    Veritas Capital has closed its sixth fund after collecting $3.55 billion, the New York private equity firm said Wednesday, with plans to invest in technology-focused middle-market companies within the aerospace and defense, health care, technology, national security, communications, energy, government services and education sectors.

  • February 15, 2017

    SEC Chair Mary Jo White Returns To Debevoise & Plimpton

    After nearly four years as chair of the U.S. Securities and Exchange Commission, Mary Jo White will once again return to Debevoise & Plimpton LLP, this time as senior chair of the firm, Debevoise announced on Wednesday.

  • February 15, 2017

    Calif. Atty Disputes $16M Pump-And-Dump Scheme Liability

    Named partner Luis J. Carrillo of defunct San Diego law firm Carrillo Huettel LLP on Tuesday objected to a finding by a U.S. magistrate judge in New York that he is jointly liable for $16 million in disgorgement and interest related to a pump-and-dump scheme, saying he was not the recipient of most of the funds.

  • February 15, 2017

    Lighting Co.'s Ex-Owner Tells Seward & Kissel To Face Suit

    The former owner of a lighting efficiency company suing Seward & Kissel LLP over losses from the sale to a company later implicated in a Ponzi scheme urged a New York federal judge on Tuesday not to allow the law firm to try and dismiss the case, calling it a “waste of judicial time and resources.”

Expert Analysis

  • Roust’s Rapid Road To Chapter 11 Confirmation

    Fredric Sosnick

    The confirmation of Roust Corp.'s prepackaged reorganization plan by the Southern District of New York bankruptcy court less than a week after the company's bankruptcy filing suggests that under appropriate circumstances, the notice period for confirmation of a prepackaged Chapter 11 case could start to run even before the case is commenced, say attorneys with Shearman & Sterling LLP.

  • How New York Workers Can Recover From Insolvent Trusts

    Linda J. Clark

    In Accredited Aides v. Program Risk, an appellate division of the New York Supreme Court recently ruled that employer members of a group self-insurance workers' compensation trust can pursue direct claims for monetary damages. This important precedent provides guidance for consumers in general dealing with deceptive business practices, say Linda Clark and David Cost of Barclay Damon LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • 2 Recent Decisions Provide Stock Promotion Guidelines

    Kevin P. Broughel

    The Eleventh Circuit's opinion in Galectin Therapeutics Securities Litigation and the Southern District of New York's ruling in Cortina v. Anavex Life Sciences provide helpful guidance on the types of stock promotional activities that are legally permissible under the federal securities laws, say attorneys with Paul Hastings LLP.

  • Duran Duran Case Shouldn't Affect Paul McCartney Contracts

    Helene M. Freeman

    An English trial court's decision in the Duran Duran case led Paul McCartney to file an action for a declaratory judgment that the termination notices he has served on Sony/ATV for The Beatles' music compositions are valid, will revest ownership in him on their effective dates and will not give rise to a valid breach of contract claim. But the Duran Duran decision may not be correct even under English law, says Helene Freeman of Ph... (continued)

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • Downtown Miami Will Soon Be The Next South Beach

    Ken Krasnow

    In the last two years, real estate investors have spent nearly $1.8 billion in downtown Miami, increasing prices by 275 percent. The signs suggest that downtown Miami is on track to becoming the next South Beach, which underwent a similar transformation nearly three decades ago, says Ken Krasnow of Colliers International.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.