New York

  • January 12, 2017

    Suit Over Child's Medication Nixed By NY Appeals Court

    A New York state appeals court on Thursday denied a father’s attempt to revive previously dismissed claims against a mental health care provider he claimed wrongly allowed his ex-wife to treat their son with certain medications, finding he failed to state a cause of action.

  • January 12, 2017

    SEC Whistleblower Enticed Visium Fraud Trial Target To Talk

    U.S. Securities and Exchange Commission whistleblower Jason Thorell said that he was out for a bounty — and to “damage” former bosses at hedge fund Visium Asset Management LP — when he secretly recorded criminal fraud defendant Stefan Lumiere saying a fund boss was “egregiously” mismarking debt values, a Manhattan federal jury heard Thursday.

  • January 12, 2017

    Platinum Execs Hid Funds After Raid, Feds Say

    Federal prosecutors said Thursday in Brooklyn that Platinum Partners founder Mark Nordlicht and another executive took steps to divert money invested in the distressed hedge fund for their own benefit, after authorities raided Platinum's offices over a purported $1 billion securities fraud scheme.

  • January 12, 2017

    NY Justices Revive Suit Over Pregnancy Complications

    A split New York appeals court revived claims that Bronx-Lebanon Hospital Center and a doctor failed to correctly treat a woman’s ectopic pregnancy, leading to the removal of one of her fallopian tubes, holding Thursday that the patient’s expert raised a number of questions regarding whether she received appropriate care.

  • January 12, 2017

    NY Atty, Drug Rehab Homes Indicted In Kickback Scheme

    A New York attorney who owns two Brooklyn drug treatment programs has been indicted on charges that he bribed the operators of drug recovery homes to make residents attend his programs and then illegally billed Medicaid for those treatments, the state attorney general announced Thursday.

  • January 12, 2017

    Citi Pays Overcharged Customers $23M After NY AG Probe

    New York Attorney General Eric Schneiderman on Thursday closed the book on a four-year investigation into a Citigroup subsidiary that revealed over 47,000 customers were overcharged by more than $22.5 million in fees on their managed investment accounts.

  • January 12, 2017

    NY Bankruptcy Court Finds MF Global Insurers In Contempt

    A New York bankruptcy judge Thursday held Ironshore Insurance Ltd. and other insurers in contempt for seeking a Bermuda court’s help blocking litigation accusing them of wrongfully refusing to help pay a massive settlement in connection with MF Global's collapse. 

  • January 12, 2017

    Multistate Hotel Portfolio Scores $92M In Financing

    A portfolio of four hotels in New York, Pennsylvania, Texas and Virginia has scored $92 million in financing, according to an announcement on Thursday from Sonnenblick-Eichner Co., which arranged four loans for the 592-room package.

  • January 12, 2017

    Christie Wins Reversal Of GW Bridge Probable Cause Ruling

    New Jersey Gov. Chris Christie scored a partial victory Thursday when a New Jersey state judge reversed a probable cause finding in an activist's criminal complaint against the governor over lane closures at the George Washington Bridge, because Christie's counsel had not been allowed to participate in the probable cause hearing.

  • January 11, 2017

    Mind Your Metadata: Ethics Rules On Hidden Data

    Slowly but surely, state ethics committees are addressing the rules and responsibilities around an often overlooked risk to client confidentiality — document metadata. Here, Law360 answers four common questions lawyers have about the ethical landscape for handling the sensitive client data.

  • January 11, 2017

    Mass. Court Won't Quash AG's Exxon Climate Change Probe

    A Massachusetts state judge on Wednesday shot down Exxon’s challenge to state Attorney General Maura Healey’s climate change investigation, ruling the Texas company couldn’t skip out of Massachusetts court when it does business in the commonwealth.

  • January 11, 2017

    SEC, NY DA Fight Dewey Trustee's Bid To Destroy Records

    The U.S. Securities and Exchange Commission and the New York District Attorney’s Office asked a bankruptcy judge in separate filings on Wednesday to block the liquidating trustee in the Dewey & LeBoeuf LLP bankruptcy from disposing of documents needed in civil and criminal lawsuits against officers and employees of the defunct law firm.

  • January 11, 2017

    CFTC Hits JPMorgan With $900K Penalty Over Clearing Fees

    The U.S. Commodities Futures Trading Commission announced Wednesday that it has penalized J.P. Morgan’s securities division for failing to ensure customers weren’t being overbilled for clearinghouse fees on orders placed on the Chicago Mercantile Exchange and other exchanges.

  • January 11, 2017

    Visium GC Rips Lax Compliance At Outset Of Fund Fraud Trial

    Visium Asset Management LP general counsel David Keily told a Manhattan federal jury Wednesday that hedge fund brass made little or no effort to comply with guidelines for properly valuing debt securities during the years in which prosecutors say former portfolio manager Stefan Lumiere schemed to overvalue a $480 million debt fund.

  • January 11, 2017

    Job Seekers' Past Salaries Now Off Limits To NY Agencies

    New York Gov. Andrew Cuomo has signed two executive orders, one prohibiting state agencies from evaluating candidates based on their prior salary or asking about their wage history, and the other requiring state contractors to disclose job title and salary data.

  • January 11, 2017

    Morgan Stanley, Others Say $2B RMBS Fight Lacks Standing

    Morgan Stanley, Credit Suisse AG and other megabanks on Wednesday urged a New York state judge to ditch multiple lawsuits over nearly $2 billion worth of residential mortgage-backed securities brought by a stand-in for defunct Belgian banking giant Fortis Bank NV/SA, saying there was no valid transfer of claims.

  • January 11, 2017

    New Med Mal Trial Ordered After Expert Witness Gaffe

    A New York appeals court on Wednesday ordered a new trial in a medical malpractice suit accusing two doctors of improperly taking a patient off a blood-thinning drug, which allegedly led to his stroke, saying the defense’s expert witness testimony wasn’t properly disclosed to plaintiffs prior to the jury trial.

  • January 11, 2017

    NYC Health Beats Suit Over Infant's Injuries After Birth

    A New York state appeals court on Wednesday affirmed the dismissal of a medical malpractice claim against the New York City Health and Hospital Corp. over an infant’s complications following a premature birth, which a lower state judge found was untimely and improperly filed.

  • January 11, 2017

    Ex-Barclays Director Gets 5 Months For Tipping Off Plumber

    A Manhattan federal judge on Tuesday sentenced a former Barclays director to five months in prison for giving his plumber profitable stock tips in exchange for cash, calling the conduct “an extraordinary breach of trust.”

  • January 11, 2017

    Real Estate Rumors: CIM, Curbcut, Chervon

    CIM Group has reportedly paid Mount Sinai Beth Israel roughly $90 million for a New York building, Curbcut Urban Partners is in talks to lease 38,000 square feet in Queens to a movie theater, and Chervon North America has reportedly subleased a 124,000-square-foot Chicago-area building.

Expert Analysis

  • Talking 'Bull': Episode 8, Too Perfect

    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 ...

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Judicial Treatment Of Interrelated Acts: Part 2

    Jurman.jpg

    Whether or not courts regard multiple acts, errors, omissions or claims as interrelated or related is very fact-specific and highly dependent on the language of the policy in question. In the second part of this article, Rory Jurman and Steven Cula primarily explore how Florida courts have interpreted related claim provisions.

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • Judicial Treatment Of Interrelated Acts: Part 1

    Rory Eric Jurman

    Courts have reached varying conclusions regarding the extent to which claims must be related in order to constitute a single claim under an insurancy policy. Rory Jurman and Steven Cula of Fowler White Burnett PA explain the question of interrelatedness and discuss how various states have approached the issue.

  • Can A Yankees Fan Get A Fair Trial In New England?

    Daniel E. Wenner

    Rhode Island, which has no Major League Baseball team of its own, is basically part of Red Sox nation. So what happens when a defendant is tried for bank fraud in Rhode Island before a jury that learns that he’s a Yankees fan? Day Pitney LLP partner and former federal prosecutor Daniel Wenner reviews the case.

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a motion for a new trial by two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality, says Jonathan Richman of Proskauer Rose LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.