New York

  • October 10, 2017

    Ex-Dewey CFO Dodges Prison Time For Fraud Scheme

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Tuesday was sentenced to community service and ordered to pay a $1 million fine following his conviction on fraud and conspiracy charges for what prosecutors say was a scheme to con the firm's financial backers before the firm collapsed.

  • October 6, 2017

    HSBC FX Exec Said 'I Think We Got Away With It,' Jury Hears

    Jurors in the trial of former HSBC foreign currency exchange executive Mark Johnson on Friday heard nearly 20 recorded phone calls surrounding a $3.5 billion forex deal that prosecutors say defrauded oil and gas developer Cairn Energy PLC, with Johnson saying at one point, “I think we got away with it.”

  • October 6, 2017

    Forest Labs To Pay $4M To End Gender Bias Suit

    Forest Laboratories Inc. agreed to pay $4 million to settle claims by a group of female employees who had accused the company of widespread gender discrimination, ending years of litigation in the dispute, according to a proposal filed in New York federal court Friday.

  • October 6, 2017

    GE, Eaton, Carrier To Pay NY State $1.5M In Landfill Suit

    General Electric Corp., Eaton Corp., Carrier Corp. and Transportation Consultants have agreed to pay New York state a combined $1.5 million to settle a suit alleging hazardous waste contamination at a landfill near Syracuse in the 1970s, according to documents filed Friday in New York federal court.

  • October 6, 2017

    Judge Unlikely To Dismiss Ex-Katten Atty Conspiracy Count

    A New York federal judge on Friday said she was not inclined to dismiss a conspiracy count against a former Katten Muchin Rosenman LLP attorney despite the fact Martin Shkreli, the leader of the alleged conspiracy, was acquitted on that charge.

  • October 6, 2017

    States Add Claims To Suit In Fight To Save DACA

    The battle over Deferred Action for Childhood Arrivals has ramped up in both the courts and Congress, with 16 states filing an amended complaint seeking to block the Trump administration from ending the deportation protection program and a Republican senator floating legislation to help participants.

  • October 6, 2017

    Convicted Ex-SAC Manager Asks Full 2nd Circ. For Rehearing

    Former SAC Capital insider trader Mathew Martoma urged the full Second Circuit on Friday to rehear his appeal after a split appeals court panel upheld his conviction for insider trading, arguing that the panel overruled its own precedent and replaced it with a test that dramatically departs from Supreme Court rulings.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    Feds Lose Bid To Exclude AIG's Evidence In $306M Tax Fight

    A New York federal judge on Friday denied the government’s motion requesting the exclusion of evidence that insurance giant American International Group sought to introduce in an almost decadelong $306 million tax fight.

  • October 6, 2017

    Atty Indicates Willingness To Settle Suit Against Cuneo Gilbert

    Attorney Preetpal Grewal indicated a willingness Friday to settle her Manhattan federal court suit against her former employer Cuneo Gilbert & LaDuca LLP, which began as a sweeping national-origin bias complaint but has been pared down to a spat over her employment agreement.

  • October 6, 2017

    Ice Cube’s Hoops League Cries Foul, Says Rival A $6.6M Ponzi

    A basketball league founded by actor and rapper Ice Cube said a rival league suing it over allegedly stolen proprietary information and a breached contract is actually a $6.6 million Ponzi scheme that hasn’t played a single game since its 2014 founding and urged a New York federal judge to toss the suit.

  • October 6, 2017

    Ecuadorean Firm Can't Escape Arbitration, Hyundai Unit Says

    A Hyundai unit has blasted an Ecuadorean engineering firm's bid to escape its $18.9 million arbitration claim stemming from a power plant construction project gone awry, telling a New York federal court that the firm's lawsuit "tells a truncated story" that omits material facts.

  • October 6, 2017

    L'Oreal Can't Cut Most Claims In Keratin Class Action

    L'Oréal was unable to convince a New York federal judge Thursday to dismiss a raft of claims from a class action in which buyers of keratin shampoos and sprays say they were defrauded by false advertising, but did persuade the judge that two unjust-enrichment claims should be trimmed.

  • October 6, 2017

    Breitburn Shareholders Fume Over 5th Ch. 11 Delay Request

    Fed-up shareholders and unsecured creditors of defunct Breitburn Energy Partners LP have blasted the debtor’s fifth request to extend its Chapter 11 deadline as lazy and deceitful, asking a New York bankruptcy court to let them implement their own plan to open up the bidding process to anyone who’s interested.

  • October 6, 2017

    Real Estate Rumors: New York REIT, Optima, Lennar

    New York REIT is reportedly close to a deal to sell multiple Garment District properties for $155 million, Chicago developer Optima could get $190 million with the sale of an apartment tower in the city, and Lennar has reportedly dropped $40 million on a former Florida golf course where it hopes to build 690 homes.

  • October 6, 2017

    Private Aviation Co. Snags $117.5M From Investors

    Membership-based aviation company Wheels Up said Friday that it raised $117.5 million in equity capital during a recent funding round as it looks to grow its fleet and expand into new markets.

  • October 6, 2017

    Energy Networking Site Creator Gets Year And A Day For Hack

    The creator of a Texas oil and gas industry professional networking website who sold the company for $51 million, then hacked in to steal information while launching a competitor, was sentenced to a year and a day in prison by a Manhattan federal judge on Friday.

  • October 6, 2017

    Romania Says Venezuela Ruling Applies In $250M Award Row

    Romania told a New York federal court Thursday that the standards used by the Second Circuit in its decision to reverse the confirmation of a $188 million award against Venezuela apply to its push to vacate a $250 million arbitration award in favor of a pair of Swedish food investors.

  • October 6, 2017

    NCAA Basketball Bribe Case Calls Amateurism Into Question

    College basketball is reeling from criminal corruption charges over schemes involving sports agents and shoe company executives that flout National Collegiate Athletic Association amateurism rules, but some experts say the case raises questions over the efficacy of the amateur system as college basketball has become a billion-dollar business.

  • October 5, 2017

    Gov't Backs Strict FCA First-To-File Bar In Allergan Case

    The federal government urged the Second Circuit on Wednesday to overturn a decision allowing a whistleblower False Claims Act case against Allergan Inc. to move forward despite a similar suit having already been filed, saying the FCA first-to-file bar should have required the case to be dismissed.

Expert Analysis

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • 2 Litigation Trends Offer Guidance On TCPA Compliance

    Fredrick Levin

    Recently, several courts have begun to take a hard look at Telephone Consumer Protection Act compliance issues, and their decisions offer useful guidance. In particular, the rulings have shed light on issues concerning automatic telephone dialing systems and consumers' ability to revoke consent, say Fredrick Levin and Andrew Grant of Buckley Sandler LLP.

  • 2nd Circ. Corruption Prosecutions In A Post-McDonnell World

    Brian McEvoy

    The landscape of federal public corruption law changed dramatically following the U.S. Supreme Court’s unanimous decision last year in McDonnell. In recent months, the Second Circuit has been grappling with the scope and implications of the ruling, say Brian McEvoy and William Ezzell of Polsinelli PC.

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.

  • Shkreli Trial And Other Magic Tricks: A Chat With Ben Brafman

    Randy Maniloff

    Ben Brafman’s clients don’t need a lawyer — they need a magician. And for 40-plus years, the man has been pulling rabbits out of hats, most recently finding jurors able to sit fairly in judgment of Martin Shkreli, called “the most hated man in America.” Last month I visited Brafman to discuss his remarkable career, says Randy Maniloff of White and Williams.

  • Revisiting Bishop In Light Of Escobar

    Andrew Schilling

    Last year, the Second Circuit in Bishop v. Wells Fargo handed the banking industry some much-needed ammunition to fight back against False Claims Act suits premised on broad certifications of compliance. It seems unlikely that the court’s upcoming reconsideration of the case in light of the U.S. Supreme Court's Escobar decision will change the outcome, say Andrew Schilling and Megan Whitehill of Buckley Sandler LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.

  • Investing In Urgent Care: Trends And Developments To Watch

    Bart Walker

    With the rise of narrow networks and increasing deductibles for health insurance plans, patients are paying more attention to the costs of specific providers and models of care, while insurers and plan sponsors continue looking for ways to drive patient volumes to lower-acuity and lower-cost settings. Urgent care providers have been a direct beneficiary of this shift, say attorneys with McGuireWoods LLP.

  • Recent Settlements Suggest Off-Label Cases Aren't Extinct

    John Bentivoglio

    A review of recent activity suggests the government remains committed to pursuing off-label promotion cases, even if limited to using civil remedies. Promotional activities continue to be a significant compliance risk for life sciences companies, particularly messages targeted toward vulnerable populations and that characterize risk and adverse event data, say attorneys with Skadden Arps Slate Meagher & Flom LLP.