New York

  • September 13, 2017

    GM Trust Says Ditching $15M Defect Settlement Was Best Path

    A General Motors bankruptcy trust handling creditor claims on Tuesday defended its last-minute decision to back out of a $15 million settlement with car purchasers and accident victims over alleged vehicle defects, saying it made more sense to accept GM’s offer to pay defense litigation costs.

  • September 13, 2017

    Small Talk Of Weather Looms Large At $2B Payday Loan Trial

    Call center workers at racer Scott Tucker's payday loan nerve center in Kansas were fed neighboring-state weather reports so they could make small talk without giving away that they were far from tribal lands, a witness testified Wednesday in the criminal fraud trial of Tucker and his lawyer Timothy Muir.

  • September 13, 2017

    Insurer Hit In Stock-Drop Suit Over Execs' Hidden Legal Woes

    A Health Insurance Innovations Inc. stockholder filed a putative class action Wednesday accusing the medical insurance sales company of failing to disclose information about a rejected application for a Florida insurance license due to undisclosed legal actions against the company's executives.

  • September 13, 2017

    L'Oréal Asks Rakoff To Lower Refund For Relaxer Burn Class

    An attorney for L'Oréal argued Wednesday against the certification of a proposed class of women who allege the beauty products maker did not disclose its hair relaxer product may be dangerous, saying the proposed full refund damages model does not apply because some customers weren’t harmed by the product.

  • September 13, 2017

    Martin Shkreli In Custody After Clinton Comments

    A Brooklyn federal judge revoked Martin Shkreli’s bail on Wednesday, saying the convicted securities fraudster’s social media post offering $5,000 for samples of Hillary Clinton’s hair and profane comments he directed at a journalist could be interpreted as threats.

  • September 13, 2017

    Hundreds Of Musicians Object To $43M Spotify Copyright Deal

    Tom Petty, Dan Auerbach and Gillian Welch were among more than 500 musicians and song copyright owners who objected to a $43 million proposed class settlement in a copyright suit against Spotify in New York federal court Tuesday, calling the proposed deal “grossly insufficient.”

  • September 13, 2017

    Del. River Regulator Moves Toward Permanent Fracking Ban

    The Delaware River Basin Commission on Wednesday took a step toward making permanent a long-running moratorium on fracking in the river’s watershed, voting in favor of a resolution to issue draft regulations to ban use of the technique for oil and gas extraction.

  • September 13, 2017

    Buchanan Ingersoll Snags Ex-Norton Rose Toxic Tort Pro

    Buchanan Ingersoll & Rooney PC has added an environmental and product liability attorney in New York from Norton Rose Fulbright, whose experience includes defending Exxon for nearly 15 years in multidistrict litigation with cities, states and Puerto Rico over groundwater allegedly contaminated by a gasoline additive.

  • September 13, 2017

    Eaton Denies Intent To Spin Off Unit In $3B Investor Suit

    Eaton Corp. PLC asked a New York federal judge Wednesday to throw out a proposed class action alleging the company cost shareholders $3 billion when it couldn’t spin off its automotive division tax-free, saying the conglomerate had repeatedly and emphatically asserted it had no intention of doing so.

  • September 13, 2017

    Lender Asks 2nd Circ. To Nix Loan Program Investor Row

    Subprime lender Regional Management and others urged the Second Circuit on Tuesday to reject a bid to revive an investor lawsuit over alleged disclosure issues with a loan program ahead of offerings of stock owned by several private equity funds, saying there is no evidence the company made misleading statements.

  • September 13, 2017

    'Uptown Funk' Stole Sound From '80s Funk Hit, Suit Says

    A family-owned music publishing house on Tuesday sued music producer Mark Ronson and a group of songwriters and music distributors, including Sony Entertainment, Spotify and Apple, claiming in New York federal court that the songwriters ripped off the 1980 funk hit "More Bounce to the Ounce” to create Bruno Mars’ hit single "Uptown Funk.”

  • September 13, 2017

    UBS Says Gold Sellers' Evidence Weak In Price-Fixing Suit

    Swiss banking giant UBS AG has asked a New York federal judge to dismiss the latest iteration of a proposed class action by gold sellers who accuse banks of coordinating for years to reduce gold prices and benefit their trading positions, saying the key evidence against it is full of holes.

  • September 13, 2017

    Moldova's Appeal Of $27M Ruling Bounces To Lower Court

    Moldova on Tuesday agreed to drop a Second Circuit appeal of a $27.5 million judgment against it over a dispute involving natural gas supply contracts in Russia so that challenges to the award, issued to a British Virgin Islands company, can be streamlined in a lower court.

  • September 13, 2017

    Real Estate Rumors: Stuart Handler, Q Mgt., Matt Damon

    Landlord Stuart Handler has reportedly bought a Chicago residential tower from private equity firm Equus Capital for $80 million, Q Management is said to be paying roughly $248 million for 24 Ontario apartment properties from Skyline Apartment REIT and one other seller, and Matt Damon could pay a Brooklyn record price for a residence.

  • September 13, 2017

    SEIU Won’t Get Redo In State Anti-Bias Law Preemption Row

    The Second Circuit will not rethink a ruling ending a Service Employees International Union local's challenge to the application of the New York State Human Rights Law to unions accused of discriminatory activity in their role as collective bargaining representatives, a panel said Tuesday.

  • September 13, 2017

    Trump’s Team To Be More Risk-Tolerant, Bank Regulator Says

    The acting head of a key U.S. banking regulator on Wednesday said that his agency was still working on a new special-purpose charter for financial technology firms, but added that under the Trump administration regulators would be more open to the risk-taking inherent to such firms.

  • September 12, 2017

    $2B Payday-Loan Hustle Hid Behind Tribes, Gov't Says

    Federal prosecutors went to trial Tuesday in Manhattan federal court against a racecar driver and a lawyer who allegedly stole $2 billion from consumers in a loan-sharking operation that the two cloaked — for a time — behind Native American tribes’ legal sovereignty.

  • September 12, 2017

    Ex-Hunton Atty Won't Get Do-Over Of Insider Trading Trial

    A New York federal judge on Tuesday denied bids for acquittal and a new trial from a former Hunton & Williams LLP patent lawyer who was convicted of insider trading for tipping off his friend and investment adviser about Pfizer Inc.’s plans to acquire a client.

  • September 12, 2017

    Westinghouse Can Pay Bonuses To Retain Key Employees

    Westinghouse Electric Co. LLC was given the green light Tuesday to implement a $13.8 million bonus program meant to incentivize more than 200 of the bankrupt nuclear energy giant’s employees to continue working over the coming months while the company is in Chapter 11.

  • September 12, 2017

    Dechert Nabs Ex-White & Case PE, M&A Partner

    A former White & Case LLP partner working in acquisitions with companies such as the Carlyle Group has joined Dechert LLP’s New York-based corporate practice group.

Expert Analysis

  • Understanding When Claims Travel With The Debt

    Abbe Dienstag

    A recent case in New York state court, One Williams Street Capital Management v. U.S. Education Loan Trust IV, affords a useful opportunity to understand both the reach and the limitations of a uniquely New York statute, which provides that a transfer of a bond “vests in the transferee all claims or demands of the transferrer,” say Abbe Dienstag and John Bessonette of Kramer Levin Naftalis & Frankel LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • 8 Years Of Health Care Enforcement: Doing Less With More

    Michael Loucks

    Despite the allocation of an additional $708 million in health care enforcement resources between 2008 and 2016, increases in financial recoveries and the prosecution of individuals never materialized. Attorneys with Skadden Arps Slate Meagher & Flom LLP explore what happened and what can be changed.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Textalyzer Technology Faces Privacy Roadblocks

    Tamara Kurtzman

    Designed to deter and identify distracted drivers, Cellebrite's “textalyzer” is a mobile device that, once connected to a cellphone, purports to reveal whether any phone activity occurred. While some states have already taken steps to see this technology implemented on their roads, lawmakers in states like California may face difficulty, says Tamara Kurtzman, managing partner of TMK Attorneys.

  • How The Grinch Stole Fair Use

    Jim Burger

    A case in the Southern District of New York centers on a play that presents a wicked spin on Dr. Seuss’ “How the Grinch Stole Christmas!,” and may test the boundaries of what is parody, what is transformative, and how much taking is “fair,” says Jim Burger of Thompson Coburn LLP.

  • The Growing Circuit Split Over FCA First-To-File Rule

    Brian Boyle

    Recently, the D.C. Circuit and the Second Circuit have broken with their sister circuits and treated the False Claims Act first-to-file requirement as nonjurisdictional and merely a matter of adequate pleading. This has the potential to limit the usefulness of one of the most important FCA defenses, say attorneys with DLA Piper.

  • Bristol-Myers Squibb: The Aftermath

    Erin Bosman

    Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California. Mass tort defendants appear to be wasting little time in moving to dispose of claims from nonresident plaintiffs under this ruling, say attorneys with Morrison & Foerster LLP.