New York

  • June 21, 2017

    Junior Staffer OK'd REIT's Challenged Filing, Jury Hears

    The engagement partner at the firm responsible for auditing American Realty Capital Properties’s SEC filing was asleep while a 26-year-old staffer used his “professional judgment” to clear a last-minute $13 million unsupported adjustment, the jury heard Wednesday in the New York federal fraud trial of ARCP’s ex-Chief Financial Officer Brian Block.

  • June 21, 2017

    Liberty Media Beats Insider Suit Over $400M Live Nation Buy

    A New York federal judge dismissed an insider trading suit Tuesday against Liberty Media, one of Live Nation’s largest shareholders, over a $400 million purchase of Live Nation stock, ruling the allegations didn’t support a claim that Liberty made an illegal “short swing” trade in violation of securities laws.

  • June 21, 2017

    NYC Tax Fraudster Tells 2nd Circ. US Atty Broke Plea Deal

    The convicted ringleader of a crooked tax preparation shop asked the Second Circuit on Wednesday to vacate his nine-year prison term for running a $3.5 million tax fraud scheme that made thousands of illegal claims based on information gleaned from a corrupt New York City official, saying prosecutors breached the terms of his plea deal.

  • June 21, 2017

    NY Senate Confirms 1st Openly LGBT Judge To High Court

    The New York State Senate voted Wednesday to confirm Associate Judge Paul G. Feinman to the New York Court of Appeals, making him the first openly LGBT judge to sit on the bench of the Empire State’s highest court. 

  • June 21, 2017

    Feds Want 10 Years For Bitcoin Exchange Operator

    New York federal prosecutors Tuesday sought a 10-year minimum prison term for Coin.mx operator Anthony Murgio after he pled guilty to bank fraud and other charges, ripping his “self-serving gloss” on his misdeeds and saying a lesser sentence would send a bad signal.

  • June 21, 2017

    Pebblebrook Hotel REIT Sells Dumont NYC For $118M

    Real estate investment trust Pebblebrook Hotel Trust said Tuesday it has closed on the sale of the “upper upscale” Affinia Dumont NYC in New York for $118 million to an unnamed buyer following an earlier agreement to divide a portfolio of hotels with joint venture partner Denihan Hospitality Group.

  • June 21, 2017

    Former Charity Manager Denies Iran Link In Forfeiture Trial

    A longtime financial manager for the Alavi Foundation, the Iran-linked charity being targeted by the U.S. in a billion-dollar asset forfeiture trial, asserted Wednesday that the Mideast power had no influence over the charity's management of the 36-story Manhattan office tower at the heart of the case. 

  • June 21, 2017

    Ex-Prosecutor Who Drafted Swiss Bank Plan Joins Jones Day

    A tax litigator who once brokered a deal with the government of Switzerland to resolve Swiss banks’ potential criminal liabilities has joined Jones Day as a partner in New York after a three-year stint at DLA Piper.

  • June 21, 2017

    Textbook Publishers Bring Infringement Suit Over Counterfeits

    A group of publishers hit educational products provider Follett Corp. and related companies with a copyright and trademark infringement suit in New York federal court Wednesday, alleging that they don't do enough to weed out counterfeit books, leading to them regularly buying and selling fakes.

  • June 21, 2017

    2nd Circ. Says 1st Circ.'s Materiality Test Is Unsound

    The Second Circuit on Wednesday declined to adopt the First Circuit’s standard for assessing the materiality of companies’ alleged omissions in their interim financial information, saying its sister court’s test can be “analytically counterproductive” and unsound.

  • June 21, 2017

    2nd Circ. Affirms Vending Machine CEO’s Fraud Conviction

    A Second Circuit panel on Wednesday affirmed the fraud conviction of the former CEO of a defunct vending machine sales company, finding that lies told by the company’s sales team about the money-making potential of the machines were not undone by the disclaimers in contracts signed by customers.

  • June 21, 2017

    2nd Circ. Affirms Toss Of MGM Suit Over Conn. Casino Law

    The Second Circuit declined Wednesday to revive MGM Resorts International’s challenge to a Connecticut law that kicked off a process for the tribes behind Foxwoods Resort and Mohegan Sun to open a third casino in the state, finding the allegations that the law put the company at a competitive disadvantage were too abstract.

  • June 21, 2017

    Real Estate Rumors: Landesbank, YouTube, Rockrose

    Landesbank Baden-Württemberg has reportedly loaned $250 million for a Park Avenue property; YouTube is said to be eyeing 400,000 square feet of additional development at its Bay Area campus; and Rockrose Development is said to have recently leased out more than 27,000 square feet of space on Park Avenue.

  • June 21, 2017

    Judge Rips Attys Over Facebook Birth Copyright Case

    A man who live-streamed his son’s birth on Facebook has been ordered to pay the attorneys' fees of ABC, NBC and several other media outlets he unsuccessfully sued for using it — lawsuits that a federal judge says "no reasonable lawyer with any familiarity with the law of copyright" should have filed.

  • June 21, 2017

    Lynyrd Skynyrd Must Hand Over Tour Info, Judge Says

    A New York federal judge on Wednesday reluctantly ordered the estates of the original Lynyrd Skynyrd band members to release any more information they have about who participated in reunion tours amid a copyright dispute over an in-production biopic, even though it said the film company’s bid for the information is “kind of thin soup.”

  • June 21, 2017

    Ex-Marketer Joins Fox News' Sanctions Bid Against Ex-Talent

    A social media marketing pioneer joined Fox News Network LLC in moving for sanctions against former on-air personality Andrea Tantaros and her attorney in New York federal court Tuesday, accusing the pair of concocting false cyberstalking accusations to pressure him into accepting an “exorbitant” settlement.

  • June 21, 2017

    Marblegate Picks New Fight With EDMC After 2nd Circ. Loss

    Marblegate Asset Management LLC, a lender to Education Management Corp. whose challenge to the troubled for-profit education firm’s restructuring plan was thwarted by the Second Circuit, has filed a new suit to make the borrower pay its debts under an alternate legal theory.

  • June 21, 2017

    Napoli Defamation Counterpunch In Bias Suit Fails On Appeal

    A New York appeals court on Tuesday turned down a request from famed New York plaintiffs lawyer Paul Napoli to add defamation counterclaims against an attorney suing him and his now-defunct firm, Napoli Bern Ripka Shkolnik LLP, for gender discrimination.

  • June 21, 2017

    2nd Circ. Throws Out Iraqi Contractor's Misconduct Case

    The Second Circuit on Tuesday tossed an Iraqi contractor’s suit against the International Centre for Dispute Resolution and Kellogg Brown & Root Services Inc. over alleged misconduct in an underlying arbitration stemming from a U.S. State Department project, finding his appeal lacks an arguable basis.

  • June 20, 2017

    Ex-Faruqi Atty Seeks to 'Rewrite' Fee Deal, Firm Tells 2nd Circ.

    A former partner at Faruqi & Faruqi LLP trying to revive claims on a piece of a $4 million settlement for clients she brought to the firm wants to "rewrite the terms" of an alleged fee commission deal, according to a brief the firm filed Monday with the Second Circuit.

Expert Analysis

  • Fyre Festival’s Legal Woes Rage On

    Brad Hancock

    The recent class actions faced by the Fyre Festival and its organizers raise a number of legal issues, which have rarely been coupled with a prompt apology and admission of responsibility in the age of social media. While there is some precedent, the scale and international scope of the Fyre Festival presents new legal challenges, says Brad Hancock of Holland & Knight LLP.

  • Keeping Up With The SEC's Enforcement Priorities

    Jack Yoskowitz

    Often, the U.S. Securities and Exchange Commission’s enforcement priorities only become apparent once the commission begins to crack down on a particular practice. A recent decision in the case of Revelation Capital highlights the need for firms, when faced with a new SEC priority, to be able to quickly pivot toward a defensive approach, say Jack Yoskowitz and Laura Miller of Seward & Kissel LLP.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • Questions Following Prevezon Money Laundering Settlement

    Elizabeth Prewitt

    The Prevezon case stands out as an example of the extraordinary lengths the U.S. government can and will go to assert jurisdiction over matters involving foreign entities and persons who commit crimes abroad to the detriment of foreign countries and citizens. However, since the matter settled, the government’s case was not tested at trial, say attorneys with Hughes Hubbard & Reed LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Weekly Column

    Talking 'Bull': Episode 23, Benevolent Deception

    Roy Futterman

    Most of the jury consulting on this show has consisted of illegal and unethical behavior amid nonsensical trial practices, but at the end of the day, it has probably not done permanent damage to the U.S. legal system — so far, says jury consultant Roy Futterman as the debut season of the CBS show "Bull" comes to a close.

  • The 1st Amendment Right To Pass Through Fees — And Taxes

    Eric Tresh

    The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.