New York

  • February 21, 2017

    2nd Circ. Again Denies Ex-Restaurateur's Bail In Ponzi Suit

    The Second Circuit on Tuesday denied for a second time a motion for bail by a liquor wholesaler and former restaurateur charged in an alleged $12 million Ponzi scheme hours after it heard arguments that the government moved the goal posts by ditching its original argument against bail only to come up with a new theory.

  • February 21, 2017

    Supreme Court Won’t Review NYC Lawmaker’s Bribery Case

    An ex-New York City councilman’s request for the country’s top court to reconsider his bribery convictions over his role in two corruption schemes was among hundreds rejected by the justices on Monday.

  • February 21, 2017

    Samsung Says 4 Exploding Phone Suits Too Few For MDL

    Samsung Electronics America Inc. and a party suing it have both formally opposed consolidating four proposed class actions in New York and California into multidistrict litigation alleging that Samsung has ignored overheating dangers in models other than the Galaxy Note 7, which was recalled after dozens burst into flames.

  • February 21, 2017

    Shkreli, Ex-Katten Atty Seek To Split Criminal Cases

    Former Turing Pharmaceuticals Inc. CEO Martin Shkreli and his former Katten Muchin Rosenman LLP attorney have filed motions to sever their criminal securities fraud cases, saying their defenses will be at odds as Shkreli claims he relied on counsel while the attorney says he was kept in the dark.

  • February 21, 2017

    Terror Victims Slam Iranian Charity's Petition For Cert.

    Victims of Iran-linked terror attacks have asked the U.S. Supreme Court to keep alive their efforts to treat Manhattan office tower owners as a stand-in for Iran, saying the owners' request for a hearing before the high court is based on false claims of a circuit split.

  • February 21, 2017

    High Court Denies Cert. In Newspaper Union Practice Case

    The U.S. Supreme Court Tuesday declined to hear an appeal of a decision upholding a National Labor Relations Board's ruling that a union representing New York Times and New York Post employees engaged in unfair labor practices by not telling nonunion members they didn't need to pay full dues and engaging in hiring based on union membership.

  • February 21, 2017

    Cole Schotz Forms Restaurant And Hospitality Group

    Cole Schotz PC has formally launched a restaurant and hospitality group, bringing together attorneys from its corporate, real estate, tax, employment and intellectual property practices to advise national and international clients, the firm announced Tuesday.

  • February 21, 2017

    Justices Revive FCA Suit Against Wells Fargo, Citing Escobar

    The U.S. Supreme Court breathed new life into a False Claims Act case against Wells Fargo & Co. on Tuesday, telling the Second Circuit to take a look at former employees’ claims that the bank defrauded the federal government under the standard set in the so-called Escobar case last summer.

  • February 21, 2017

    Norton Rose Fulbright Inks Deal With Chadbourne

    Norton Rose Fulbright and New York-based Chadbourne & Parke LLP will merge in the second quarter of this year, the firms announced Tuesday.

  • February 20, 2017

    Ex-NJ DOT Chief Charged In Airline Bribery Case Dead At 62

    Former New Jersey transportation executive and lobbyist Jamie Fox, who carved himself a niche in the Garden State’s gritty political scene as both a public servant and private consultant before being charged in an alleged airline bribery scheme, died Monday at age 62.

  • February 17, 2017

    Auditor Reviewed Dewey's London Tax Docs, Jury Hears

    A defense attorney for ex-Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Friday questioned the firm's former overseas finance director’s assertion that certain accounting maneuvers Sanders had pursued were improper, showing a New York jury evidence that outside auditors had reviewed the transactions.

  • February 17, 2017

    Iranian-Linked NY Property Issue To Go To Jury

    A jury should decide whether the majority owner of a tower in Manhattan knew its business partner was controlled by the Iranian government after 1995, a New York federal judge ruled Thursday, punting one of the issues that will decide whether the owner must compensate terrorism victims.

  • February 17, 2017

    Dentists Say Small Supplier Joined Price-Fixing Conspiracy

    A potential class of dentists on Friday shot back against arguments from a dental supplies company that it was too small to join three large suppliers in a nationwide price-fixing conspiracy, arguing in New York federal court that the allegations against the smaller company are the “core of the overarching conspiracy.”

  • February 17, 2017

    White & Case Nabs Troutman Sanders Litigation Partner

    Global law firm White & Case LLP has hired as partner a trial lawyer from Troutman Sanders LLP who specializes in representing public and private equity firms in complex commercial litigation and intellectual property disputes, according to White & Case.

  • February 17, 2017

    Ex-JPMorgan Banker Gets 3 Years For Leaking Tips To Dad

    A former investment banker for JPMorgan Chase & Co. and Perella Weinberg Partners convicted of insider trading after he was accused of leaking confidential information about health care company mergers to his father was sentenced to three years in prison on Friday.

  • February 17, 2017

    Real Estate Rumors: Citizens Bank, Peloton, Opus 3 Artists

    Citizens Bank has reportedly loaned $65 million for a mall project near Des Moines, Iowa; Peloton Land Solutions is said to have leased 11,000 square feet in Fort Worth, Texas; and Yo-Yo Ma's agent Opus 3 Artists has reportedly extended its lease on Park Avenue in New York.

  • February 17, 2017

    LNG Co. Says Tribunal Made Supply Row Impossible To Win

    A Spanish liquefied natural gas company pushed a New York federal court Friday to scrap an arbitration ruling absolving its Trinidadian supplier of breaching a 20-year contract, arguing the international tribunal imposed an unfair burden of proof upon it during the proceedings.

  • February 17, 2017

    LA's Mark Geragos Preps NY Pension Whiz For $2B Bribe Trial

    Celebrity lawyer Mark Geragos parachuted into Manhattan federal court Friday to defend former New York pension strategist Navnoor Kang against charges that he took bribes to steer $2 billion of investment dollars toward a former Sterne Agee managing director, as U.S. District Judge J. Paul Oetken set a December trial date.

  • February 17, 2017

    PE CEO In Fraud Case Wants 'Bad Faith' Warrants Suppressed

    Scandal-plagued private equity CEO Benjamin Wey asked a New York federal judge Friday to suppress the fruits of two search warrants in a securities fraud and money laundering case, saying the warrants were defective and after the government seized more than it should have, it impermissibly searched electronic data years later.

  • February 17, 2017

    Austrian Co. Can't Exit GM Suit Over $1.5B Loan

    A New York bankruptcy judge on Thursday told an Austrian company it can’t use jurisdictional arguments to escape a lawsuit trying to recover transfers to hundreds of General Motors’ former bank lenders related to a $1.5 billion term loan.

Expert Analysis

  • Blaming Online Platforms For Violence Is Likely To Fail

    Seth D. Berlin

    Recently, the families of victims killed by violent criminals have filed several lawsuits against internet powerhouses like Google, Twitter and Facebook, alleging that the platforms should be held responsible. These claims will probably be rejected due to federal statutory immunity, the First Amendment and common law requirements for establishing tort liability, say Seth Berlin and Steven Zansberg of Levine Sullivan Koch & Shulz LLP.

  • Out-Of-Court Restructuring After Marblegate

    Evan Hollander

    Absent legislative action, some uncertainty remains post-Marblegate for issuers of registered debt as bondholders seeking to block an out-of-court restructuring may, in certain cases, continue to push for a broader reading of the Trust Indenture Act in jurisdictions outside of the Second Circuit, say Evan Hollander and Monica Perrigino of Orrick Herrington & Sutcliffe LLP.

  • Rebuttal

    Availability Rule's Death Has Been Greatly Exaggerated

    Jacob M. Mihm

    Many jurisdictions have adopted the "all sums" methodology for long-tail insurance claims, but there is no basis to abandon the availability rule. Failing to account for the availability of insurance would violate the doctrine of contra proferentem, says Jacob Mihm of Hoke LLC.

  • 2nd Circ.'s Latest Guidance On 'Transformative' Fair Use

    Jordan D. Grotzinger

    The Second Circuit's recent decision in TCA Television v. McCollum could signal a trend toward requiring the use of the copyrighted work itself — apart from the larger work into which it is incorporated — to be transformative, say Jordan Grotzinger and Rebekah Guyon of Greenberg Traurig LLP.

  • Talking 'Bull': Episode 12, Stockholm Syndrome

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • Partial Picture Issue Undermines Chadbourne Pay Equity Case

    James P. Scanlan

    Campbell v. Chadbourne & Parke, the pay equity suit filed in the Southern District of New York late last year, is commonly discussed as a proposed $100 million class action. However, such suits have been based on statistical analyses that are fundamentally unsound for failure to examine data on everyone subject to the challenged processes, says attorney James Scanlan.

  • Significant 2016 Decisions Affecting Private M&A: Part 2

    Diane Holt Frankle

    In the second installment of this two-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss New York and Delaware decisions addressing the attorney-client privilege in M&A, the application of Corwin to private deals, appraisal valuation of private companies, and director-removal provisions.

  • A Note On Mortgage Assignments In New York

    Allan L. Hill

    In the bankruptcy case of Cornerstone Homes, a New York federal court recently held that transferring a note and mortgage in New York does not require delivery and indorsement. Nonetheless, ensuring that your lender client receives proper indorsement of an instrument remains the best method for guaranteeing its enforceability, say Allan Hill and Nickolas Karavolas of Phillips Lytle LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.