New York

  • October 11, 2017

    Timex Says $9.4M Row With Distributor Must Be Arbitrated

    Timex and a Dutch affiliate have asked a New York federal court to send to arbitration a distributor's claims seeking roughly $9.4 million for the alleged breach of several agreements, saying the contracts included clauses mandating arbitration in Switzerland.

  • October 11, 2017

    KKR Increases Offer For Hitachi Unit To $2.72B

    New York-based KKR & Co. LP told Law360 on Wednesday that the private equity firm has increased its offer for a Tokyo-listed Hitachi Ltd. unit to nearly 306 billion Japanese yen ($2.72 billion) after putting the original deal on hold just two months ago.

  • October 11, 2017

    DC Circ. Eyes Pols, Enviros' Right To Pursue Pipeline Suit

    The D.C. Circuit has asked for supplemental briefs on whether a group including Boston Democratic Mayor Marty Walsh, environmental groups and landowners has standing to bring a legal challenge to the Federal Energy Regulatory Commission’s approval of a $971 million pipeline that runs through New England and New York.

  • October 10, 2017

    Ex-Katten Muchin Atty, Prosecutors Submit Revised Juror Q's

    Attorneys for the former Katten Muchin Rosenman LLP attorney about to face trial for allegedly helping his then-client Martin Shkreli defraud the pharmaceutical company Retrophin Inc. told a New York federal judge on Monday that they’ve agreed with prosecutors on a six-part questionnaire for potential jurors to answer.

  • October 10, 2017

    'Pre-Hedging' Is Standard Practice, HSBC Forex Jury Hears

    The former head of foreign exchange trading for Deutsche Bank told the New York federal jury weighing the criminal case against an ex-HSBC executive Tuesday that “pre-hedging,” or making some of a large currency purchase in advance, is a standard practice that can be beneficial to the buyer because it keeps the price down.

  • October 10, 2017

    Med Mal Claims Against NY Doc Revived By Appeals Court

    A New York appeals panel on Tuesday revived claims lodged against a doctor accused of perforating a woman’s bile duct, which purportedly caused liver failure, saying the patient’s estate and a co-defendant doctor who performed an initial procedure credibly claimed that the doctor was at fault.

  • October 10, 2017

    Trump's Clean Power Plan Repeal Will Face Legal Gantlet

    The Trump administration on Tuesday took the first step to unwind former President Barack Obama's signature climate change action by formally proposing to repeal the Clean Power Plan, but CPP supporters have already vowed to fight any repeal in court. Here are four legal issues to watch as the proposed repeal moves through the rulemaking process, and toward the courtroom.

  • October 10, 2017

    Platinum Execs Say Insurers Must Give Cash For Defense

    Attorneys for hedge fund Platinum Partners and some of its executives on Tuesday pressed a New York state judge to force three excess insurers to advance money to cover their costs of defending against criminal charges over a purported $1 billion securities fraud scheme involving an offshore driller, saying the insurers are duty-bound to provide coverage.

  • October 10, 2017

    Turkish Banker Wants Out Of Iran Sanctions Case Or Own Trial

    Mehmet Hakan Atilla, a Turkish banker accused of helping gold trader Reza Zarrab lie to banks to dodge U.S. sanctions on Iran, told a New York federal judge on Monday that prosecutors are trying to nail him on charges that they lack the authority to bring.

  • October 10, 2017

    French Oil Services Co. Gets Nod For Ch. 11 Plan

    French oil services firm CGG received approval from a New York bankruptcy court on Tuesday to implement a Chapter 11 plan designed to restructure nearly $3 billion worth of debt after resolving a last-minute objection raised by the U.S. trustee’s office over executive compensation disclosures.

  • October 10, 2017

    Prudential Sues Legal Plan Provider Over Loan Audits

    Prudential Insurance hit Pennsylvania-based legal plan provider The Legal Coverage Group and its chief executive on Friday with a $33.8 million lawsuit in New York claiming the company has repeatedly defaulted on the terms of a $40 million financing deal and dodged calls for audited financial statements.

  • October 10, 2017

    Atty Eyed For Payday Loan Fraud Says Tribe Strategy Is Legit

    An attorney defending himself against charges he helped operate a $2 billion criminal payday-loan empire told a Manhattan federal jury Tuesday that he viewed tribal involvement in the enterprise as a legitimate legal shield and asserted that he had "panicked" when he faked a signature on a legal document. 

  • October 10, 2017

    Investors Urge NY Judge To Join Patriot Securities Suits

    Investors accusing private equity-backed Patriot National Inc. and two executives of failing to properly consider Ebix Inc.’s $475 million takeover offer on Friday urged a New York federal judge to join their proposed class action with another suit over the company’s stock repurchase program that allegedly artificially inflated its stock price.

  • October 10, 2017

    Ex-Soccer Officials Don't Want Jury Sequestered In FIFA Case

    Attorneys for three South American soccer officials headed to trial next month on corruption charges in the wide-ranging FIFA probe urged a federal judge in Brooklyn on Tuesday to not take “extreme” measures to hide jurors' identities from the public and keep jurors partially sequestered.

  • October 10, 2017

    Antitrust Pro Leaves DLA Piper To Open Boutique’s NY Office

    Antitrust powerhouse Steve Levitsky, formerly of DLA Piper, is leaving the firm to run boutique firm Bona Law PC’s New York City office in an effort to provide antitrust expertise without the BigLaw price tag, he told Law360 on Tuesday.

  • October 10, 2017

    Deutsche Laundering Cop Warns Against DC Guessing Game

    The head of Deutsche Bank AG’s Western Hemisphere anti-money laundering efforts said on Tuesday that banks should not assume that there will be any significant changes to rules governing suspicious activity reporting under the Trump administration.

  • October 10, 2017

    BNY Mellon Slams MBS Investors' Bid To Revisit Quick Wins

    The Bank of New York Mellon has pushed back against investors’ bid to have a New York federal judge rethink some of the quick wins she gave the bank earlier this month in their suit over its alleged failures as trustee for a slew of residential mortgage-backed securities trusts.

  • October 10, 2017

    Supreme Court Won't Hear Case On 'Nonsensical' Renco Trial

    Billionaire industrialist Ira Rennert and his Renco Group Inc. will not get to challenge the “nonsensical” trial that led to a $213 million judgment against the pair for allegedly looting a subsidiary before parking it in bankruptcy, after the U.S. Supreme Court on Tuesday refused to hear the case.

  • October 10, 2017

    NY Court Won't Restore Suit Over Newborn’s Death

    A New York state appellate court declined Friday to revive a suit over prenatal care brought by a couple who lost their son an hour after birth, ruling that the law does not provide an avenue for the parents of a baby who was born alive to sue unless the mother suffered an independent injury as a result of the alleged medical malpractice. 

  • October 10, 2017

    No-Show Suspended Atty Ordered To Pay $350K In SEC Case

    A noted patent lawyer from Texas who was accused by the U.S. Securities and Exchange Commission of scheming to steal from small business escrow accounts was ordered to pay $350,000 by a New York federal judge on Friday after he failed to contest the government’s claims.

Expert Analysis

  • Mandatory Arbitration: Better Strategies For Retailers

    Ari Weisbrot

    For retailers facing frivolous lawsuits, there are clear benefits to requiring customers to resolve disputes in arbitration. But first, customers must voluntarily and knowingly waive the right to trial. A recent decision from the Western District of New York demonstrates how this can be effectively implemented, says Ari Weisbrot of Bryan Cave LLP.

  • Unfunded Pension Liabilities: Caveat Emptor, Caveat Esquire

    Douglas Darch

    Ask any lawyer and they will tell you that, outside of a stock sale, a purchasing company has substantial control over the liabilities it acquires from the target company. Two recent federal court decisions, however, demonstrate the limitations of this general rule when unfunded pension liabilities are at issue, say Douglas Darch and Alexis Hawley of Baker McKenzie.

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.

  • What To Expect In Forex Fraud Trial Of Ex-HSBC Exec

    Scott Schirick

    The prosecution of HSBC’s former global head of foreign exchange spot trading — whose trial began on Monday in the Eastern District of New York — will test whether the government can turn sharp dealing and deception in the unregulated institutional spot forex market into criminal fraud, says Scott Schirick of Pryor Cashman LLP​.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.