New York

  • July 18, 2017

    Performance Sports Recoups $8M From $575M Ch. 11 Sale

    A bankruptcy successor to Performance Sports Group resolved a $12 million dispute late Monday over the company’s $575 million Chapter 11 sale to a private equity venture, with $8 million released from an escrow to the debtor’s wind-down business.

  • July 18, 2017

    Wyoming Looks To Defend Lift Of Federal Coal Moratorium

    The state of Wyoming pushed Tuesday to step into a challenge to Interior Secretary Ryan Zinke’s decision to lift the moratorium on the federal coal-leasing program imposed last year so that it can defend against seeing the freeze reinstated.

  • July 18, 2017

    Real Estate Rumors: GATX, Schlesinger, Triple Star Realty

    Rail car leasing company GATX is said to be leasing 90,000 square feet in Chicago from Blackstone unit Equity Office, marketing firm Schlesinger is reportedly taking 17,587 square feet in New York, and Triple Star Realty is said to have scored a $46.7 million loan for a Flushing project that will include hotel, retail, supermarket and medical office space.

  • July 18, 2017

    NY State Law Would Force Airbnb To Share Rental Locations

    A New York state Assemblymember announced a bill on Tuesday that would require short-term rentals sites such as Airbnb to share the location details of their rental offerings, a move that supporters said would increase transparency in the industry and help preserve affordable housing. 

  • July 18, 2017

    BB-8 Maker Says Rival Poached Patented Robo-Ball Tech

    A Colorado robotics company hit Spin Master Inc. with a suit Tuesday claiming infringement of patented technology that powers toy versions of the BB-8 droid featured in "Star Wars: Episode VII — The Force Awakens."

  • July 18, 2017

    Prior Policies In Play In Olin Cleanup Suit, 2nd Circ. Says

    The Second Circuit affirmed Tuesday that Olin Corp.'s excess policies with Lamorak Insurance Co. were triggered by the chemical producer's payments to clean up several contaminated sites, but found that the insurer may seek to reduce its liability by amounts paid under prior policies covering the same loss.

  • July 18, 2017

    Cancer Center Chain Seeks Approval Of $500M Ch. 11 Plan

    Cancer treatment firm 21st Century Oncology Inc. has asked a New York bankruptcy court to approve the company's $500 million restructuring plan and a deal to backstop the $288 million in new shares and bonds needed to fund it.

  • July 18, 2017

    SEC Blasts Trader's Challenge To Its Cooperation Program

    The U.S. Securities and Exchange Commission told the Second Circuit on Monday that it didn't violate the constitutional rights of a former Barclays Capital Inc. bond trader when it signed a cooperation agreement with his alleged co-conspirator from a stock-parking scheme.

  • July 18, 2017

    Toy Giant Says Rival Copied 'Hatchimals' Patents

    Spin Master Ltd. accused a rival of copying its idea for the wildly popular Hatchimals toys, saying in a patent suit in New York federal court Tuesday that the maker of “Fuzzy Wonderz” toys stole its idea outright and then tried to trick customers into thinking the two were related.

  • July 18, 2017

    Uber Hit With NY Suit Over Disabled Passenger Access

    Uber has routinely discriminated against disabled passengers in New York City by not making available a sufficient number of cars outfitted with ramps or lifts for mobility-challenged riders, according to a new proposed class action filed in New York state court on Tuesday.

  • July 18, 2017

    Richard Prince Can't Dodge Instagram Art Copyright Fight

    A New York federal judge on Tuesday refused to toss a copyright lawsuit filed against artist Richard Prince over an exhibit of photos he pulled from Instagram without permission, saying it was too early to decide if the works are protected by the fair use doctrine.

  • July 18, 2017

    Cooley Boosts East Coast Presence With 5 New Partners

    Cooley LLP recently nabbed five technology-focused corporate and capital markets partners on the East Coast with experience advising technology companies throughout their life cycle, including three former Wilson Sonsini Goodrich & Rosati partners, Gartner Inc.’s former general counsel and a former Greenberg Traurig LLP partner.

  • July 18, 2017

    Pipeline Foes’ Suit Must Wait For FERC, DC Circ. Told

    The developers of the Atlantic Bridge pipeline project told the D.C. Circuit on Monday that parties challenging project approvals can’t get around a requirement that the Federal Energy Regulatory Commission rule on their rehearing requests before they sue, even though FERC currently lacks enough commissioners to do so.

  • July 18, 2017

    Vimeo Calls Capitol Unfair Competition Claims ‘An Old Record’

    After losing a key ruling on so-called pre-1972 records at the Second Circuit, Capitol Records is now aiming to hold Vimeo liable for the same songs under a theory of unfair competition — a claim the video sharing website on Monday called “a re-release of an old record with a new album cover.”

  • July 18, 2017

    Nasdaq Fights Bid To Move Unsettled Facebook IPO Cases

    Nasdaq Inc. on Tuesday asked a New York federal judge not to send two cases brought by early buyers of Facebook Inc.’s public stock back to the Texas court they came from, saying that discovery has barely begun and it would be inefficient to send the cases back so soon.

  • July 18, 2017

    Music Downloaders Denied Class Cert. In Price-Fixing MDL

    A Manhattan federal judge on Tuesday dealt a blow to consumers who claim that Sony BMG Music Entertainment and other record labels conspired to fix the price of music downloads, denying their bids to create a nationwide class to block alleged antitrust violations and damages classes across nine states.

  • July 18, 2017

    Scouts Say 9th Circ. Minor Leaguer Ruling Doesn't Apply

    Major League Baseball scouts on Monday disputed the relevance of a recent Ninth Circuit holding dismissing minor league ballplayers’ wage claims under a long-held baseball antitrust exemption, telling the Second Circuit that despite similarities in their claims, that ruling has nothing to do with baseball scouts since scouts are not involved in the business of baseball.

  • July 18, 2017

    Royal Park Blasts HSBC's Discovery Bid In RMBS Case

    Royal Park Investments SA/NV argued in New York federal court Monday that HSBC Bank USA NA is wasting judicial resources by demanding access to unredacted foreign documents in a suit over allegedly toxic residential mortgage-backed securities.

  • July 18, 2017

    NY Bankruptcy Judge Strikes MF Global Insurer's $15M Bond

    Defunct brokerage MF Global’s excess insurer Allied World must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York bankruptcy judge said Monday, finding the current bond should be stricken for flouting state insurance law.

  • July 17, 2017

    Shkreli Investor Irked By Loss, But Then Cashed In Big

    An investor in Martin Shkreli-run hedge funds told the Brooklyn federal jury hearing securities fraud allegations against the pharma bad boy Monday that he saw his investment value plunge and was denied the promised opportunity to recoup his cash, but like others ended up in the black with the stock of drug company Retrophin Inc.

Expert Analysis

  • Use Caution Before Relying On New 2nd Circ. TCPA Decision

    Matthew Rosenkoff

    Naturally, one might read the Second Circuit's recent decision in Reyes v. Lincoln Automotive Financial Services to provide justification, in certain circumstances, for ignoring revocation requests under the Telephone Consumer Protection Act. However, the practical applicability of Reyes may, in fact, be minor, says Matthew Rosenkoff of Taylor English Duma LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Clearing Up Broker-Dealer Classification Questions In NY

    David Kleinmann

    A recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board provides broker-dealers with greater clarity surrounding job classification of Financial Industry Regulatory Authority-registered representatives working in stockbroker positions. The decision provides a narrow but clear safe harbor for NYSDOL investigations into classification, says David Kleinmann of Tarter Krinsky & Drogin LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • The Far-Reaching New 'Domestic Injury' Rule Under Civil RICO

    Paul Chan

    Following the U.S. Supreme Court’s decision in RJR Nabisco last year, district courts across the country have generally held that a plaintiff suffers an economic injury under the Racketeer Influenced and Corrupt Organizations Act at his or her place of residence or the company's principal place of business. A handful of courts, however, have departed from this general rule, say Paul Chan and Gopi Panchapakesan of Bird Marella Boxer... (continued)

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • A Significant Victory For Securities Class Action Defendants

    Susan Saltzstein

    The U.S. Supreme Court’s decision this week in California Public Employees’ Retirement System v. ANZ Securities enables securities class action defendants to calculate their exposure to opt-out actions and other liability with greater confidence and precision, say attorneys with Skadden Arps Slate Meagher & Flom.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Martin Shkreli Goes On Trial — What To Expect

    Bennett Gershman

    Jury selection in the securities fraud trial of Martin Shkreli has begun, with prospective jurors hurling inflammatory rhetoric at him, calling him a “snake” and “the most hated man in America.” It seems almost inconceivable that Shkreli will testify, says former prosecutor Bennett Gershman now at Pace Law School.