New York

  • May 16, 2017

    MetLife Says Investors' Proposed Class Rep Isn't Fit To Lead

    MetLife opposed class certification Monday in a suit claiming it misled investors by underreporting life insurance death benefit liabilities in violation of the Securities Act, arguing the proposed class leader is unsuitable and the class too broadly defined.

  • May 16, 2017

    2nd Circ. Wants To See Arab Bank Hamas Terror Settlement

    Two Second Circuit judges said Tuesday they would eyeball Arab Bank PLC's settlement with U.S. plaintiffs accusing the bank of funding Hamas terror, before addressing any legal question stemming from an Anti-Terrorism Act trial in Brooklyn and jury verdict against the Jordan-based lender.

  • May 16, 2017

    Dilworth Paxson Nabs Gibson Dunn IP Pro In NY

    A former Gibson Dunn & Crutcher LLP partner has jumped to Dilworth Paxson LLP in New York, bolstering the firm’s intellectual property and emerging company practice with a background that includes cutting-edge work on artificial intelligence, blockchain, risk-related technologies and cybersecurity.

  • May 16, 2017

    Nigerian Oil Co. Must Share Bank Docs In $1.8B Award Fight

    A New York federal judge on Monday ordered a Nigerian state-owned oil company to hand over certain U.S. bank documents to Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries, which have sought those and other records in their efforts to confirm a $1.8 billion arbitral award.

  • May 15, 2017

    Virtus Gets Mixed Cert. Rulings In 2 Securities Suits

    A New York federal judge on Monday granted class certification in a securities class action against Virtus Investment Partners Inc. over alleged public misstatements, but simultaneously denied certification in another suit with similar allegations.

  • May 15, 2017

    26 States Rejoin FCA AstraZeneca Suit Over Seroquel

    A New York federal judge on Monday reinstated the False Claims Act claims of 26 states, Washington, D.C., and the city of Chicago in a whistleblower suit accusing AstraZeneca PLC of hiding safety information about antipsychotic drug Seroquel, after the whistleblower acknowledged that she had no authority to voluntarily drop their claims.

  • May 15, 2017

    Charges Against BigLaw Atty Show Vetting Difficulties

    Alleged improper trading on client information got a former Foley & Lardner LLP partner fired last year, but the firm that hired him next didn't find out until he was charged — showing how hard it can be to unearth a lateral hire's problematic conduct.

  • May 15, 2017

    Ex-Katten Atty Looks To Gut Indictment In Shkreli Case

    The former Katten Muchin Rosenman LLP lawyer charged alongside notorious former pharma executive Martin Shkreli over a series of purported securities fraud schemes asked a New York federal judge on Monday to cut language from charging documents and throw out one of the conspiracy charges against him as too vague.

  • May 15, 2017

    Five Guys’ Website Must Follow ADA Too, Blind Users Say

    A blind woman suing Five Guys Enterprises LLC over its website’s alleged noncompliance with the Americans with Disabilities Act on Monday urged a New York federal judge not to throw out her proposed class action complaint, saying that the burger chain’s motion ignores Second Circuit precedent.

  • May 15, 2017

    9/11 Families Seek Sanctions For Bin Laden Associate's Atty

    A plaintiffs attorney in a multidistrict litigation over the 9/11 terrorist attacks accused the counsel for alleged Osama bin Laden associate Wa’el Jelaidan on Friday of feigned “helplessness” in his dealing with the Office of Foreign Asset Control to pay a discovery violation sanction.

  • May 15, 2017

    3 Firms Get $27M Payday In Elan Investors' SAC Capital Suit

    A New York federal court awarded $27 million in legal fees to Wohl & Fruchter LLP, Pomerantz LLP and Kreher & Trapani LLP on Friday for their work representing Elan Corp. shareholders in a now-settled suit against defunct hedge fund SAC Capital Advisors LP.

  • May 15, 2017

    US Bank Slammed Over Bid To Cut RMBS Plaintiff From Case

    A company suing U.S. Bank NA for allegedly failing to oversee residential mortgage-backed securities it invested in told a New York federal judge on Friday that the bank’s gripes about document production were nothing but hot air and no reason to disqualify the company as lead plaintiff.

  • May 15, 2017

    Notorious Lobster Poacher Says US Unfairly Pursuing Him

    The U.S. government’s “relentless pursuit” of notorious rock lobster and wild fish poacher Arnold M. Bengis over 14 years amounts to an improper attempt to seize his family’s foreign assets, his counsel told a Manhattan federal judge Friday ahead of a scheduled May 30 resentencing.

  • May 15, 2017

    NFL Appeals NY Court's Refusal To Dismiss Concussion Suit

    The National Football League will appeal a New York court’s decision not to dismiss a suit brought by the family of a player posthumously diagnosed with a serious brain condition, arguing on Friday that the claims are based on decades-old injuries and are time-barred.

  • May 15, 2017

    Dechert’s NY Office Gains 2 Corporate Partners

    Dechert LLP has expanded its ranks by landing two new partners with expertise in mergers and acquisitions and private equity to join the global firm’s New York office, the firm announced.

  • May 15, 2017

    Clipper Realty Lands $74M Financing For Brooklyn Purchase

    Brooklyn-based real estate investment trust Clipper Realty Inc. has landed $73.7 million in acquisition and construction financing from Blackstone Mortgage Trust for the purchase and expansion of an apartment building in its home borough, according to property records made available Friday.

  • May 15, 2017

    Studios, Labels Tell 2nd Circ. To Uphold ReDigi Ruling

    The major film studios and record labels are pushing the Second Circuit to uphold a $3.5 million copyright ruling against digital media re-sale service ReDigi Inc., saying a ruling to the contrary would “flout long-established principles of copyright law.”

  • May 15, 2017

    Giuliani, Mukasey Conflict Affidavits Lacking, Judge Says

    A New York federal judge asked Rudy Giuliani and Michael Mukasey for supplemental information Monday on their representation of Turkish-Iranian financier Reza Zarrab, who is accused of helping Iran dodge U.S. sanctions, after finding the lawyers' affidavits failed to answer all the judge's questions.

  • May 15, 2017

    LIRR Pension Scammers Ask 2nd Circ. For New Trials

    A doctor and a former union president convicted in a disability fraud scheme involving Long Island Rail Road workers asked the Second Circuit on Monday to grant them new trials because new evidence shows the railroad employees who allegedly scammed pensions were disabled after all.

  • May 15, 2017

    SEC Charges Ex-Nomura Head Traders Over MBS Lies

    The U.S. Securities and Exchange Commission on Monday charged a pair of former Nomura Securities International Inc. head traders with lying to customers about the prices of commercial mortgage-backed securities they were buying and selling in order to inflate Nomura’s profits and line their pockets.

Expert Analysis

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The Challenges For CEA Price Manipulation Plaintiffs

    Mark Young

    The recent contrasting outcomes of the regulatory and private actions against Total Gas illustrate at least one significant difference between public and private price manipulation enforcement under the Commodity Exchange Act — private plaintiffs have a difficult, and sometimes insurmountable, hurdle to overcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Florida 'Black Box' Ruling: Game Changer For Vehicle Tech

    Tina Sciocchetti

    A split panel of a Florida state appellate court has held that police need a warrant to search a vehicle’s electronic data recorder or “black box” absent exigent circumstances. The ruling in Florida v. Worsham demonstrates that the constitutional, legislative and regulatory privacy protections afforded data-capturing vehicle technologies are expanding rapidly, say Tina Sciochetti and Charles Dell'Anno of Nixon Peabody LLP.

  • In New York Lending Agreements, The Contract Rules

    Richard H. Epstein

    In some states, borrowers may invoke the “implied covenant of good faith and fair dealing” to circumvent certain express loan terms. The recent decision in Transit Funding Associates v. Capital One Equipment Finance made clear that such arguments will be rejected by New York’s First Department, says Richard Epstein of Sills Cummis & Gross PC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Uber: The Turning Of The Tide

    Thomas Dickerson

    Uber Technologies may have reached the end of its worldwide efforts to dominate transportation markets with its popular ride-hailing app. Although Uber has met opposition in the past in both the marketplace and in court, particularly in California, new developments in China and in New York City may be bringing Uber’s nearly unstoppable advance to a halt, says Thomas Dickerson of Herzfeld & Rubin PC.