New York

  • March 12, 2018

    With FCC On Sidelines, Mayors Move To Protect Net Neutrality

    As of Monday at least 11 mayors have signed a pledge to banish internet service providers that block, slow, or charge for prioritization of internet traffic in their cities, as a growing list of city and state governments move to defend net neutrality principles in the wake of federal deregulation.

  • March 12, 2018

    Judge Rejects Breitburn Ch. 11 Plan But Gives Path Forward

    Breitburn Energy Partners LP moved closer to exiting bankruptcy on Monday following a recent stumble, after the debtor pledged to quickly correct a hard-fought Chapter 11 plan that was narrowly shot down by a New York bankruptcy court just days before.

  • March 12, 2018

    Photog Fights Quick Appeal After Embedded Tweet Ruling

    A photographer who won a controversial copyright ruling last month against Time Inc. and other news outlets over embedded tweets is fighting their bid for an immediate appeal, saying “unhappiness” with the ruling is not enough for such “extraordinary relief.”

  • March 12, 2018

    Magellan Health Ducks Investor Suit Over AlphaCare Merger

    A Brooklyn federal judge has shot down a suit seeking to block a merger between a subsidiary of Magellan Health Inc. and senior care company AlphaCare of New York, ruling that the case couldn't go forward without AlphaCare's involvement.

  • March 12, 2018

    NY Telco Gets Ex-Worker's Hostile Environment Claim Tossed

    A New York federal judge on Monday threw out a former Frontier Telephone of Rochester Inc. employee’s lawsuit alleging the company subjected him to a racially hostile work environment.

  • March 12, 2018

    Atty Dubbed Copyright 'Troll' Fights $10K Sanctions Order

    An attorney who has been labeled a copyright "troll” pushed back Monday against a New York federal judge’s decision to hit him with $10,000 in sanctions, saying the case had already settled by the time the judge began pursuing the question of sanctions, and that she didn’t have the authority to issue punitive sanctions.

  • March 12, 2018

    Real Estate Rumors: Wharton, Jamestown, Elin Nordegren

    Wharton Properties is reportedly taking over REIT SL Green's $100 million investment in three New York office and retail properties, Jamestown is said to have paid $118.6 million for a Washington, D.C., apartment building and Elin Nordegren, Tiger Woods' ex-wife, has reportedly listed her North Palm Beach, Florida, home for $49.5 million.

  • March 12, 2018

    Foot Locker Hid Online Sale Info, Pension Fund Says

    Foot Locker Inc. didn’t tell investors crucial information about its vendor's transition to online sales and its financial health, which caused the shoe retailer’s stock price to drop after it later shared the information, a pension fund alleged Friday in New York federal court.

  • March 12, 2018

    Graft Trial Judge Won't 'Coerce' Deadlocked Jury

    Prosecutors seeking to convict an ex-aide to New York Gov. Andrew Cuomo of bribery asked a Manhattan federal judge Monday to prod a mired jury toward a verdict using strong language, but the judge left the proposed language on the cutting room floor when she told jurors to keep working.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • The Meaninglessness Of 'Disinterested'

    Richard Roth

    The Black Elk bankruptcy — related to the criminal indictment and upcoming trial of seven former Platinum Partners and Black Elk executives — involved a claimed disinterestedness that seems to indicate that the Bankruptcy Code’s disinterested requirement is something seasoned counsel can work around, says Richard Roth, a corporate and securities attorney.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • No Consensus On Conspiracy Theory Of Personal Jurisdiction

    Jack Figura

    Courts are divided — and the U.S. Supreme Court has yet to rule — on whether the conspiracy theory of personal jurisdiction is proper under due process requirements. But it is reasonable to expect that sooner or later the high court will narrow the permissible reach of this theory, says John P. “Jack” Figura of Norton Rose Fulbright.

  • How The Hospitality Industry Is Dealing With Tip Pool Regs

    Margaret Grover

    The hospitality industry has long relied on tips and service charges to augment wages paid to employees. The U.S. Department of Labor has proposed new regulations governing tip sharing, in part as a response to regulations it promulgated in 2011, which have resulted in a split between the federal circuits and a petition for certiorari in the U.S. Supreme Court, says Margaret Grover of Wendel Rosen Black & Dean.