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New York

  • June 11, 2018

    Pebblebrook Ups Bid After LaSalle Inks $3.7B Blackstone Deal

    Pebblebrook Hotel Trust increased its offer price Monday for LaSalle Hotel Properties, looking to disrupt a $3.7 billion deal that the hotel-focused real estate investment trust struck with private equity giant Blackstone Group LP last month.

  • June 11, 2018

    Cravath Tops Milbank's Associate Pay Scale

    Cravath Swaine & Moore LLP on Monday announced plans to top the mid- and senior-level associate pay scale set forth a week ago by Milbank Tweed Hadley & McCloy LLP.

  • June 11, 2018

    Ex-Penn West Execs Can't Dodge SEC Accounting Fraud Suit

    Two former executives for Penn West Petroleum Ltd., now Obsidian Energy Ltd., can’t duck the U.S. Securities and Exchange Commission's suit alleging they fudged the oil and gas producer’s accounting records, a New York federal judge has said, finding there was an adequate showing of intent against them.

  • June 11, 2018

    Ex-JPMorgan Wealth Manager Settles Retaliation Claims

    A former JPMorgan Chase & Co. wealth manager has settled her Manhattan federal court retaliation suit against the $379 billion bank, ending a lengthy fight that appeared bound for a third trip to the Second Circuit, according to a filing on Monday.

  • June 11, 2018

    Levi's Is A 'Trademark Bully,' Designer Says

    A century-old British luxury brand filed a scathing lawsuit Friday against Levi Strauss & Co. after being threatened with trademark litigation, calling the denim giant “one of the world’s biggest trademark ‘bullies.’”

  • June 11, 2018

    Cohen Can't Seal Objections To Privilege Report, Says Judge

    Michael Cohen, President Donald Trump's longtime attorney, can’t keep out of public view his attorney-client arguments related to an impending special master privilege report on a trove of documents seized in FBI raids, a New York federal judge said Friday.

  • June 11, 2018

    Hendrix Judge 'Dismayed' By Conduct In Purple Haze TM Suit

    A New York federal judge on Friday warned that he was "dismayed" by a discovery dispute in a trademark suit between Jimi Hendrix's estate and the late rock star's brother, ordering both sides to discuss their behavior in court.

  • June 11, 2018

    Werther’s Candy Maker Settles Suit Over Underfilled Bags

    A New York federal judge on Friday dismissed a proposed class action alleging the maker of Werther’s Original sugar-free chew caramels purposefully underfills the packages of candies, saying the parties had reached an undisclosed settlement.

  • June 11, 2018

    Simpson Thacher Leads KKR In $10B Envision Healthcare Buy

    KKR, led by Simpson Thacher & Bartlett LLP, revealed Monday it will buy physician-led services and post-acute care provider Envision Healthcare in a $9.9 billion deal, including debt.

  • June 8, 2018

    Shanghai Zhenhua To Pay Toisa $20M To End Row In Ch. 11

    Chinese manufacturing giant Shanghai Zhenhua agreed to pay $20 million to offshore oil tanker company Toisa Ltd. to end a shipbuilding arbitration dispute between the two companies, according to a motion filed Friday in Toisa’s bankruptcy proceedings.

  • June 8, 2018

    ERISA Question May Kill States’ Retirement Savings Programs

    Lawmakers in five states say their recently enacted auto-IRA programs, which funnel a portion of all private-sector workers' paychecks into individual retirement accounts unless they opt out, will extinguish their state's retirement-savings crisis — but will the programs buckle under accusations that they violate the Employee Retirement Income Security Act?

  • June 8, 2018

    Foot Locker Pensioners' Attys Get $95M Fee In Class Action

    A New York federal judge on Friday granted a $95 million fee request from attorneys representing a class of 16,000 Foot Locker pensioners, while also confirming the class is entitled to $290 million in benefits following a successful challenge to a cut in their plan.

  • June 8, 2018

    Relativity Founder Shielded From Part Of Investor Fraud Suit

    Relativity Media LLC co-founder Ryan Kavanaugh will not have to face negligence claims in a California state suit accusing him of defrauding an investor before the company went belly-up in 2015, as a New York bankruptcy judge ruled Thursday that Relativity's confirmed Chapter 11 plan blocks certain allegations.

  • June 8, 2018

    NLRB Takes Flak At Conference For 'Job Creation' Stance

    National Labor Relations Board Chairman John Ring faced criticism from an agency employee in the audience at a labor conference Friday over whether his recent remarks that the board has a role to play in job creation will result in weaker enforcement of federal labor law, with Ring saying that isn’t the case.

  • June 8, 2018

    Insurer Can't Void $6.7M Life Policy For Fraud, 2nd Circ. Says

    The Second Circuit on Friday ruled that Lincoln Benefit Life Co. cannot void a nearly $6.7 million life insurance policy that was obtained through fraud, holding that New York law bars Lincoln’s arguments because it waited too long to challenge the policy’s validity.

  • June 8, 2018

    King & Spalding To Face Trial In Ex-Associate's Firing Suit

    A New York federal judge on Friday denied King & Spalding LLP's bid to escape a former associate's retaliatory firing suit, picking apart the firm's defenses after it neglected her admonition to settle the suit at a hearing last month.

  • June 8, 2018

    Ex-US Atty To Settle SEC Fraud Claims For $200K

    A former U.S. attorney has agreed to pay $200,000 to settle U.S. Securities and Exchange Commission fraud claims related to his post-government work as chairman of a company that prosecutors alleged was secretly under the control of a now-imprisoned fraudster, according to an SEC letter submitted to a New York federal court.

  • June 8, 2018

    NY Pharmacy Owner Cops To $1.5M Medicaid Fraud

    A pharmacy owner has admitted to defrauding New York’s Medicaid program out of $1.5 million by billing for medication he didn’t dispense and to paying kickbacks for cancer medicine prescriptions, the state's Attorney General Barbara D. Underwood and Comptroller Thomas P. DiNapoli said Friday.

  • June 8, 2018

    Real Estate Rumors: NYC Holiday Inn, NES, Florida Power

    A Holiday Inn in Long Island City, Queens, could fetch as much as $40.8 million in a sale, NES Financial has reportedly bought a Miami warehouse for $5.25 million, and Florida Power & Light is said to have paid $19.3 million for 1,287 acres of land in Palm Beach County.

  • June 8, 2018

    Copyright Boutique Fights McGraw-Hill’s DQ Bid In Photo Suit

    A copyright law boutique urged a New York federal judge Thursday to let it keep representing a photographer suing McGraw-Hill over a licensing agreement, saying the publisher’s bid to disqualify the attorneys is based on spurious claims the firm sought to acquire confidential information from a former McGraw-Hill employee.

Expert Analysis

  • When 403(b) Prudence Claims Survive Dismissal

    Arthur Marrapese

    In Vellali v. Yale University, the U.S. District Court for the District of Connecticut recently granted in part and denied in part a motion to dismiss a lawsuit against Yale’s 403(b) plan fiduciaries. Arthur Marrapese of Barclay Damon LLP compares this to decisions in other similar cases, and offers insight on the future of these kinds of claims in the Second Circuit.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How 1 Court Is Shaping The Future Of Crypto Regulation

    Deborah Meshulam

    The McDonnell and Zaslavskiy actions in the Eastern District of New York are initial cryptocurrency cases where government regulators are testing their jurisdictional theories. Both cases will help chart the course for future enforcement in an industry where the law has struggled to keep pace with technology, say Deborah Meshulam and Benjamin Klein of DLA Piper.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • Gender Pay Data: Impact Of European Laws In The US

    Lynne Bernabei

    Although American and European equal pay laws often develop on parallel tracks, the U.S has not kept pace with the EU in terms of pay transparency. However, new European laws may have the unintended consequence of pushing multinationals with U.S. employees to publish pay data to keep up with their European counterparts, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Growing Caregiver Benefits In The US Workplace And Beyond

    Louise Balsan

    As Mother's Day approaches and more initiatives in the U.S. and around the world are aimed at increasing opportunities at work for working mothers (and caregivers more generally), attorneys with Baker McKenzie discuss recent benefits made available to these employees and review updates multinational employers need to know.