New York

  • July 12, 2017

    Surveillance Software Cos. Patch Up License Dispute

    A New York federal judge signed off Wednesday on a Danish arbitral award in a dispute involving two surveillance software companies fighting over contract breaches, settling a court case disputing the foreign panel’s decision.

  • July 12, 2017

    Bison May Get A Do-Over In Hunton Malpractice Case

    The New York judge who last year threw out a private equity company’s allegations that Hunton & Williams LLC blew a federal trial and failed to secure an undersized judgment said Bison Capital is likely in line for a re-start in the form of an amended complaint.

  • July 12, 2017

    Kasowitz's Securities Work Not Presidential Caliber, Suit Says

    Kasowitz Benson Torres LLP has received recent notoriety since being tapped to represent President Donald Trump, but its attempt to collect almost $1.1 million from a former client has triggered a dueling suit accusing the firm of engaging in “egregious misconduct” rather than providing the level of legal services expected from counsel to the president.

  • July 12, 2017

    NY Podiatrist Must Face Suit Over Botched Surgery

    A New York appellate panel on Wednesday declined to toss a suit accusing a podiatrist of botching a woman's foot surgery, saying the patient properly alleged that the podiatrist had performed the wrong type of surgery.

  • July 12, 2017

    New GM Out Of Reach For Car Defect Punitive Damages

    A New York bankruptcy judge found Wednesday that General Motors Co. is shielded from punitive damages from product liability claims based on its prebankruptcy actions.

  • July 12, 2017

    Husband Of Linklaters Associate Busted For Insider Trading

    A Massachusetts Institute of Technology scientist was arrested Wednesday for allegedly trading Stillwater Mining Co. shares on inside information from his wife, a now-suspended Linklaters associate with knowledge of firm client Sibanye Gold Ltd.'s plan to buy the platinum and palladium producer for $2.2 billion.

  • July 12, 2017

    Wendy's Dodges Shareholder Suit Over Farm Wages

    A New York federal judge on Tuesday tossed a shareholder suit alleging Wendy’s stagnant stock price was due to a loss of goodwill after the fast food chain refused to participate in a fair-wage program for Florida farm workers, finding no evidence the decision was outside the board’s “wide bounds of defensible business judgment.”

  • July 12, 2017

    DOT Moves On $153B Northeast Corridor Overhaul Plans

    The U.S. Department of Transportation on Wednesday advanced plans to bolster passenger rail service by overhauling key segments of the Northeast Corridor, issuing a much-anticipated record of decision completing an initial environmental review for an up to $153 billion infrastructure upgrade program called NEC Future.

  • July 12, 2017

    Kraft, Wilpon Among 1st Team Owners In New Esports League

    Videogame maker Activision Blizzard Inc. said Wednesday it has sold the first seven city-based teams in its new electronic sports league, with buyers including New England Patriots owner Robert Kraft and Jeff Wilpon, chief operating officer for the New York Mets and part of its ownership group.

  • July 12, 2017

    2nd Circ. Denies BP, Shell's Attempt To Squash MTBE Suit

    A Second Circuit panel on Tuesday rejected requests from Shell Oil Co. and BP Products North America to revisit its decision to revive the Orange County Water District’s claims that oil companies had endangered its water supply by leaking the gasoline additive methyl tertiary-butyl ether.

  • July 12, 2017

    Venezuela Looks To Nix $36M Award After 2nd Circ. Ruling

    Venezuela on Tuesday asked a New York federal judge to toss his order enforcing a $36 million award issued to an oil services company in a dispute over the alleged unlawful seizure of its ships, citing the Second Circuit’s decision axing the affirmation of an award in a separate case.

  • July 12, 2017

    3 Firms Guide $1.25B Facility Management Merger

    ABM Industries Inc. has agreed to buy fellow facility management company GCA Services Group Inc. from its private equity owners for roughly $1.25 billion, the companies said Wednesday, in a deal steered by law firms Jones Day, Davis Polk & Wardwell LLP and Kirkland & Ellis LLP.

  • July 12, 2017

    Ed Sheeran Hit With 2nd IP Suit Over 'Let's Get It On'

    The estate of one of the songwriters of the famed Marvin Gaye song "Let's Get It On” again hit Grammy winner Ed Sheeran and his label, Atlantic Records, with a copyright suit in New York federal court Tuesday, alleging Sheeran’s chart-topping song "Thinking Out Loud" illegally samples the 1973 classic.

  • July 12, 2017

    Infamous Lobster Thief Took $100M, South Africa Tells Judge

    The Republic of South Africa told a New York federal judge Wednesday that the true value of the damage notorious rock lobster poacher Arnold M. Bengis did to the country's fisheries is $100 million and asked for a revised forfeiture order to reflect that amount.

  • July 12, 2017

    GWB Scandal Mastermind Dodges Prison Sentence

    David Wildstein, the mastermind behind a political revenge scheme to shut down lanes to the George Washington Bridge, dodged a prison term Wednesday when a New Jersey federal judge sentenced him to three years of probation because he cooperated with the government against his fellow conspirators.

  • July 12, 2017

    Plaintiffs Bar Perspective: Sanford Heisler’s Andrew Melzer

    Carefully crafted class theories still succeed. Even if the assault on class actions intensifies, we expect the trend of successful class actions to continue, says Andrew Melzer of Sanford Heisler LLP.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Petrobras Ruling A Mixed Bag For Investors

    The Second Circuit set a particularly high bar for investors bringing securities class actions against foreign companies, decertifying two classes claiming Brazilian oil giant Petrobras concealed a massive bribery scheme, but experts said the news isn’t all bad for plaintiff shareholders as the court also rejected two strict legal standards.

  • July 11, 2017

    Bankrupt Co. Tied To Alleged Ponzi Asks To Sell Event Tickets

    Defunct ticket reseller and alleged Ponzi scheme vehicle National Events Holdings LLC asked a New York bankruptcy court on Monday for permission to sell its remaining stock of 11,000 tickets, saying that if they aren't sold soon, they could become worthless.

  • July 11, 2017

    Defense Targets Key Cooperator's Crimes At UN Bribery Trial

    A defense attorney for a Chinese businessman accused of bribing United Nations officials laced into a government cooperator during cross-examination on Tuesday, interrogating ex-Ambassador Francis Lorenzo about using his sister and a longtime girlfriend to dodge taxes.

Expert Analysis

  • The Challenges Of Insurance Arbitration In Foreign Forums

    Luke Debevec

    Differences in law, practice and procedure between the U.S. and U.K. legal systems require policyholders and their captives to carefully consider the applicable law and forum for resolving disputes before entering into an insurance or reinsurance policy or contract containing an international arbitration agreement, say attorneys with Reed Smith LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • NY's Public Trust Doctrine Is Alive And Well

    Steven Russo

    This month, a New York appeals court ruled that Queens Development Group LLC cannot build a proposed shopping mall near the Mets' Citi Field, revealing a virtually absolutist application of the state's public trust doctrine, and the court's reluctance to expand or grant exceptions to authorized uses of New York state parkland, say Steven Russo and Evan Preminger of Greenberg Traurig LLP.

  • Looking At The Limitations Of The Delay Exclusion

    Hilary Henkind

    Read literally, the delay exclusion contained by many commercial property policies would preclude coverage for any loss of revenue incurred, even if the delay is a direct result of a covered cause of loss. However, case precedent shows that it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant, says Hilary Henkind of Mound Cotton Wollan & Greengrass.

  • Misapplying FOIA To Confidential Info In Gov't Contracts

    John Zabriskie

    The recent Detention Watch ruling that information in a government contract per se falls outside the Freedom of Information Act’s trade secret and confidential information exemption may prove influential because of its detailed analysis of an often-overlooked element of that exemption. However, this would be undeserved because the New York federal court's analysis is flawed, say John Zabriskie and Jason Britt of Foley & Lardner LLP.

  • Puerto Rico Fiscal Reform: The End Of The Beginning

    Bradley Wendt

    Puerto Rico's recent petition for court protection created the largest municipal bankruptcy in U.S. history. Here, Bradley Wendt of Charles River Associates reviews the legislative process leading to the filing for court protection and analyzes the dominant debt restructuring issues being considered by the court and stakeholders.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.