New York

  • March 12, 2018

    EPA Must List Areas Not Meeting Smog Standards By April

    A California federal judge on Monday told the U.S. Environmental Protection Agency it has until the end of April to publish a complete list of areas in the country that either do or don’t meet national ambient air quality standards for ozone.

  • March 12, 2018

    Soccer Marketer Wins NY Suit Linked To Corruption Scandal

    A New York state judge has rejected a bid by the soccer federation CONMEBOL to strip a Chilean marketing firm of the rights to commercialize the biggest soccer tournament in South America, saying in a ruling made public Monday that the dispute must be resolved in South America.

  • March 12, 2018

    2nd Circ. Questions Case Against NY Nuke Subsidy Plan

    A Second Circuit panel appeared skeptical Monday that a New York state program propping up struggling nuclear power plants usurps federal jurisdiction over wholesale electricity markets, suggesting that the Federal Power Act gives states plenty of leeway to subsidize electricity generation within their borders.

  • March 12, 2018

    Discovery Fraud Kills Suppliers' Privilege In Test Strips Row

    A supplier that Abbott Laboratories says sold counterfeit versions of its diabetes test strips committed discovery fraud when it handed over only a portion of relevant communications, a New York magistrate judge said Friday as she tore apart the company’s ability to rely on attorney-client privilege.

  • March 12, 2018

    Ex-Auburn Coach Calls Bribery Charges Unconstitutional

    A former Auburn University basketball coach named in the sprawling NCAA corruption case urged a New York federal judge Friday to dismiss the bribery and fraud charges against him, saying prosecutors’ interpretation of anti-corruption laws violates his due process rights and “would criminalize nearly every NCAA rules violation.”

  • March 12, 2018

    2nd Circ. Says NY Regulator Too Late To Deny Pipeline Permit

    The Second Circuit on Monday backed the Federal Energy Regulatory Commission’s conclusion that New York state environmental regulators had waived their authority to deny a Clean Water Act permit for a Millennium Pipeline Co. LLC project by blowing a one-year deadline to act on its permit application.

  • March 12, 2018

    Dish Network, Others Near $46M Award In Pirating Row

    Dish Network LLC, China Central Television and a pair of other companies are one step closer to victory in their suit accusing a Chinese company of pirating their TV signals, after convincing a New York federal magistrate judge they should be awarded a more than $46 million default judgment.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Man Gets 2 Years for $100M Fitbit Stock Manipulation Fraud

    A 25-year-old Virginia man was sentenced Friday in New York federal court to two years in prison for orchestrating a $100 million market manipulation scheme that quickly drove up the price of Fitbit Inc. stock, netting him about $4,000.

  • March 9, 2018

    Wells Fargo Says Denial Of Cert. Right Call In RMBS Suit

    Wells Fargo Bank NA has urged a New York federal judge to adopt a magistrate judge’s report recommending that class action status be denied for Royal Park Investments’ suit accusing the bank of bungling its duties as trustee to two residential mortgage-backed securitization trusts.

  • March 9, 2018

    Notorious BIG Shakes Copyright Row Over 'Party' Song

    The Notorious B.I.G.’s estate claimed a victory on the anniversary of his death when a New York federal judge released the estate, pop star Rita Ora and several others from a suit over the use of a phrase from a 1960s-era poem, finding the artists’ uses were transformative.

  • March 9, 2018

    Film Co. RKA's Suit Against Relativity Media Affiliates Flops

     A New York state judge on Thursday tossed a $110 million suit against people and companies tied to Relativity Media LLC who were accused of defrauding lender RKA Film Financing, saying the suit was “plagued” by a lack of detail.

  • March 9, 2018

    Ex-Husch Blackwell Client Is Latest Target of Investor Suit

    Just months after the dismissal of a multimillion dollar New York state suit against Husch Blackwell LLP over claims the firm aided a client’s fraud, the same group of plaintiff-investors on Friday sued the health sector executive at the center of the previous action.

  • March 9, 2018

    Transmar Cocoa CEO, Son Plead Guilty To $400M Bank Fraud

    A father and son pled guilty Friday in New York federal court to defrauding a group of lenders through false “borrowing base” reports designed to secure a $400 million line of credit for their cocoa trading company, Transmar Commodity Group Ltd., and face a maximum of 30 years in prison.

  • March 9, 2018

    US Bank, BNY Mellon Escape $280M RMBS Trustee Suit

    A New York federal judge ruled Thursday that three Triaxx collateralized debt obligation issuers have run out of chances on their $280 million suit alleging U.S. Bank NA and the Bank of New York Mellon dropped the ball as trustees to several dozen residential mortgage-backed securitization trusts.

  • March 9, 2018

    BNP, Trustee Argue Due Diligence In Madoff Clawback Suit

    BNP Paribas SA and the bankruptcy trustee for Bernie Madoff’s investment company argued Friday before a New York bankruptcy judge over whether the French bank was a negligent steward or merely an innocent dupe as they contested an attempt to make BNP and its affiliates pay $156 million for accepting money from Madoff’s Ponzi scheme.

  • March 9, 2018

    Hudson River Views Can't Halt MTA Tower, FCC Says

    An upstate New York village may not ask for additional reviews of a planned Metropolitan Transit Authority communications tower, the Federal Communications Commission said Friday, squashing residents’ concerns that the tower will interfere with their views of the Hudson River.

  • March 9, 2018

    Six Ex-NY Times Workers Found Eligible For Buyouts

    A federal judge ruled Thursday that six former employees of a defunct New York Times subsidiary are eligible for benefits under a buyout plan because they have higher seniority than two other ex-employees who also sought a cut.

Expert Analysis

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • NY Decision Opens Door For Yellowstone Injunction Waivers

    Dani Schwartz

    A New York appeals court's recent decision in 159 MP v. Redbridge has the potential to shift the balance of power in commercial landlord and tenant relations toward the landlord, by holding that a waiver of the right to seek a Yellowstone injunction is not void as against public policy, says Dani Schwartz of Wachtel Missry LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A Look At Air Rights In Boston, San Francisco And New York

    Lawrence DiCara

    Though allowing the transfer of unused development rights carries some disadvantages, it has encouraged developers to utilize air rights and improve upon some of America's largest cities, say attorneys with Nixon Peabody LLP and Katherine Soule of the Northeastern University School of Law.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.