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New York

  • October 31, 2018

    DOL Seeks To Quash States' Association Health Plan Suit

    The U.S. Department of Labor on Tuesday asked a Washington, D.C., federal judge to dismiss a lawsuit challenging the agency's association health plan rule, telling the judge the states that sued over the rule do not have standing to challenge the measure.

  • October 31, 2018

    CEO-Turned-Loan Shark Tells Jury Carton Wanted Him To Lie

    A former energy CEO with a history of regulatory run-ins told Manhattan jurors Wednesday that he loaned Craig Carton $500,000 at a time for casino trips, taking cash interest under the table, but wouldn't play along when the ex-radio talker accused of fraud asked him to say the loans were for a ticket-resale venture.

  • October 31, 2018

    Ex-NFL Player Fights To Keep ERISA Suit In Play

    A former NFL player is urging a New York federal court not to spike his Employee Retirement Income Security Act suit claiming players weren’t properly informed about their retirement benefits, arguing the NFL players union and other defendants are trying to “rewrite” his allegations.

  • October 31, 2018

    NY Wheel Builder To Seek Ch. 11 Sale Of Project Components

    Mammoet-Starneth LLC told a Delaware bankruptcy court judge Wednesday that it will pursue a Chapter 11 sale of the manufactured components of the large observation wheel it was contracted to build in New York City after the project developer couldn’t secure alternative funding.

  • October 31, 2018

    NY Daily Fantasy Sports In Jeopardy After Gambling Ruling

    A New York state court’s recent ruling that daily fantasy sports contests are gambling exposes operators like DraftKings Inc. and FanDuel Inc. to legal risks that were thought to be resolved and may force the companies to lobby for an amendment to the state constitution to save their businesses in the Empire State.

  • October 31, 2018

    Investors Seek IPO Docs In Alibaba Stock-Drop Suit

    Investors suing China’s Alibaba Group Holding Ltd. over its $25 billion initial public offering urged a New York federal court Tuesday to require the production of certain documents, saying the e-commerce giant can’t assert privilege by simply editing the document descriptions to pertain to U.S. rather than Chinese matters.

  • October 31, 2018

    If It's Vegan, It's Not Butter, Proposed Class Action Says

    A Long Island woman hit vegan creamery Miyoko's Kitchen with a proposed class action for fraud in New York federal court on Tuesday, calling the packaging of Miyoko's Cultured Vegan Butter an insidious attempt to "bask in dairy's halo" to the "detriment and impoverishment of plaintiff and class members."

  • October 31, 2018

    Gold Mining Co. Gets $23M Default Judgment In Award Row

    A New York federal judge confirmed an arbitral award totaling $23.1 million issued against two connected mining companies for allegedly breaching a settlement agreement with a U.S.-based gold mining company, entering default judgment against the two companies for their failure to respond to the petition.

  • October 31, 2018

    Real Estate Rumors: Joe Chetrit, Zagame, Southwest Value

    Developer Joe Chetrit has reportedly bought a Manhattan retail property and several development sites from REIT SL Green for $144 million, a venture of Australia hotel and casino company Zagame is said to have paid $14 million for a Chicago apartment tower, and Southwest Value Partners has reportedly paid $102.6 million for a Los Angeles-area hotel.

  • October 31, 2018

    Wachtell Calls For Final Curtain On CVR Malpractice Case

    Looking to put a final nail into a 5-year-old malpractice suit, Wachtell Lipton Rosen & Katz has told a New York federal court that the latest amended complaint from CVR Energy Inc. doesn't include "a single new allegation" drawn from the recent discovery record.

  • October 30, 2018

    Universal Broke Deal Over 'Save The Dinos' Merch, Suit Says

    A man sued Universal City Studios LLC for $10 million in New York federal court on Tuesday claiming the entertainment giant paid him $50,000 to use his trademarked phrase “Save The Dinos” for its “Jurassic World” campaign and then violated the contract terms by plastering it on off-limits film merchandise.

  • October 30, 2018

    Dentons Settles Harassment Suit By Business Developer

    Dentons has settled a suit brought by a female business development specialist who accused the firm of letting a male non-attorney manager sexually harass her, including by repeatedly groping her, and then trying to silence her when she brought it up.

  • October 30, 2018

    Barnes & Noble Details Ex-CEO's Alleged Harassment

    Barnes & Noble Inc. fired back against its ousted chief executive who has been accused of sexual misconduct against an employee, matching his breach of contract and defamation claims with breach of fiduciary duty counterclaims alleging he torpedoed a potential acquisition of the company.

  • October 30, 2018

    Vindicated Prisoner Urges Claim Against GM, Estate

    An exonerated prisoner who sued General Motors and its bankruptcy estate for allegedly violating his civil rights by cooperating with his wrongful prosecution asked a Manhattan federal judge Tuesday to allow his suit to go forward, saying his claim post-dated GM's bankruptcy although the allegedly wrongful conduct happened decades before.

  • October 30, 2018

    Schulte Roth Can't Duck Hedge Fund Subpoena: Liquidators

    The liquidators for two failed Platinum Partners hedge funds pushed back Monday against Schulte Roth & Zabel LLP's refusal to turn over documents tied to the law firm's representation of the funds years earlier, telling a New York bankruptcy court that Schulte Roth's arguments are "unsupported" and "largely irrelevant."

  • October 30, 2018

    7 Real Estate Lawyers Decamp Venable For Sheppard Mullin

    Sheppard Mullin Richter & Hampton LLP has snagged seven real estate lawyers from Venable LLP for its office in New York, according to an announcement from Sheppard Mullin on Monday.

  • October 30, 2018

    Ex-Modi Executive Subpoena Dispute Inches Forward

    Punjab National Bank’s bid to obtain documents from the former head of a trio of defunct companies tied to Nirav Modi’s $2 billion fraud took a small step forward Tuesday when a New York bankruptcy court ordered both sides to produce a log detailing each request and why the executive is refusing to answer them.

  • October 30, 2018

    NY Wheel Builder To Chart Ch. 11 Course After Failed Deal

    The bankrupt design-build firm behind a large observation wheel project in New York City will update a Delaware judge on the status of its Chapter 11 case after the project's developer was unable to secure financing to continue the project and terminated a settlement among the parties.

  • October 30, 2018

    Ex-Valeant Exec, Pharmacy CEO Get Year For Kickback Fraud

    A former Valeant Pharmaceuticals International Inc. executive and the ex-CEO of mail-order pharmacy Philidor Rx Services LLC were each sentenced Tuesday to a year and a day in prison for orchestrating a $9.7 million kickback scheme tied to a potential acquisition deal.

  • October 30, 2018

    Real Estate Rumors: TA Realty, Flip, Square Mile

    TA Realty has reportedly paid Guardian Life Insurance $36.1 million for two Florida warehouses, real estate tech firm Flip is said to be leasing 5,800 square feet in Brooklyn, and Square Mile Capital Management has reportedly invested $138.5 million in a Long Island City residential tower.

Expert Analysis

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Opinion

    What I Learned As Lehman's Bankruptcy Lawyer

    Andrew Rossman

    I have spent nearly 10 years fighting in court for the rights of Lehman Brothers’ creditors. This arduous legal journey has yielded insights into weaknesses in our financial system and bankruptcy laws that could allow catastrophic losses to happen again, says Andrew Rossman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Zaslavskiy Does Little To Encourage Clear Crypto Guidance

    Alexis Collins

    A New York federal judge's decision last week in Zaslavskiy relieves the government of a potentially significant pleading burden when bringing cryptocurrency actions, but does not encourage clarification of clear standards for application of the Howey test, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • NY Nonqualified Deferred Comp Rules Ripe For Challenge

    Zal Kumar

    Asset managers may be reporting significant amounts of deferred compensation on their 2017 federal partnership returns this year under Section 457A of the Internal Revenue Code. Managers may not be thinking about the New York state and New York City tax consequences of such income inclusion required at the federal level — but that would be a mistake, say attorneys at Mayer Brown LLP.

  • NY Revives Fair Lending Risks For Indirect Auto Lenders

    Melanie Brody

    The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.

  • Cayman Derivative Cases Brought Overseas Still Face Hurdles

    Peter McMaster

    Two court decisions within the past year have simplified the process for bringing derivative claims outside the Cayman Islands on behalf of Cayman companies, as shareholders no longer need permission from a Cayman court. However, such claims still face two difficulties, say Peter McMaster and Anna Snead of Appleby.