New York

  • April 14, 2017

    Avaya's $3M Executive Bonus Plan Gets Judge's Approval

    Executives at bankrupt telecom giant Avaya Holdings Inc. can collect up to $3 million in bonuses for hitting earnings targets tied to this year’s fiscal second quarter, a New York bankruptcy judge ruled Friday, after the U.S. trustee’s office dropped its objection to the payouts.

  • April 14, 2017

    Drug Co. Hires Ex-SDNY Brass To Fight $181M Forfeiture

    Drug restocking company Guaranteed Returns and two of its executives have hired Sharon Cohen Levin, a WilmerHale attorney who formerly oversaw asset recovery in the Southern District of New York for 19 years, to contest prosecutors' $181 million forfeiture attempt after their conviction.

  • April 14, 2017

    SEC Sniffs Out $1M Of Shady General Communication Trades

    A Manhattan federal judge froze assets in two accounts that the U.S. Securities and Exchange Commission said Friday belong to an unknown trader or traders who took $1 million in profit on insider knowledge of Liberty Interactive Corp.'s $1.12 billion purchase of General Communication Inc.

  • April 14, 2017

    Checkers Cook Files Minimum Wage And OT Suit

    A former food preparer and cook at a Checkers restaurant on Wednesday in New York federal court filed a putative class suit against the fast food franchise, claiming the owners didn’t pay him at the applicable minimum wage and overtime rate and failed to provide accurate pay stubs in his primary language.

  • April 14, 2017

    Dentons Steers Apollo's $127M Brooklyn Property Loan

    Dentons represented an entity affiliated with Apollo Commercial Real Estate Finance Inc. in connection with its $127.18 million loan to RedSky Capital LLC for more than a dozen properties in Brooklyn, New York, according to records made public in New York on Thursday.

  • April 14, 2017

    NY Court Revives Infant Foot Surgery Suit Against Podiatrist

    A New York appellate panel revived a malpractice suit against a Brooklyn podiatrist who allegedly caused an infant to experience constant pain after conducting a surgical procedure on her foot, saying it was unclear if the podiatrist had provided enough information beforehand on the surgery’s potential impact.

  • April 14, 2017

    Taxation With Representation: Kirkland, Shearman, Davis

    In this week’s Taxation With Representation, Bain Capital and Cinven buy out a German pharmaceutical company in a $5.6 billion deal while Loews rolled out a $1.2 billion deal for a Bain Capital portfolio company, and AT&T picks up Straight Path Communications for $1.6 billion.

  • April 13, 2017

    Abdus-Salaam Left Mark In Key Gay Rights, Voir Dire Cases

    New York Court of Appeals Judge Sheila Abdus-Salaam, who was found dead Wednesday, was lauded in the legal community as a compassionate and thoughtful jurist who left a rich legacy in the Empire State with significant decisions on same-sex parents’ rights and racial bias in jury selection.

  • April 13, 2017

    DOJ Hits Another Fintech Engineer With Code Theft Charges

    A software engineer was charged Thursday with attempting to steal proprietary computer code from his financial services firm, marking the second time in a week the acting U.S. Attorney for the Southern District of New York has announced trade secret theft-related charges in the financial services industry.

  • April 13, 2017

    SunEdison, Yieldcos Blasted For Discovery Bid In Ch. 11

    Bankrupt solar power company SunEdison Inc. and its clean energy yieldcos have no basis to use the debtor’s Chapter 11 to investigate claims that they breached a 2014 wind energy deal, the investor counterparties said in a filing Thursday, blasting the yieldcos for failing to seek discovery in state court.

  • April 13, 2017

    Broadcast Co. Sues NY Comedians Over Morning Show Stunt

    A television broadcast company on Thursday slapped the founders of a website devoted to scavenged video footage with fraud and copyright infringement claims in New York federal court, accusing them of faking their personae on a Wisconsin morning television show to “assuage their boredom” and promote their brand.

  • April 13, 2017

    British Lingerie Chain's US Units Hit Ch. 11

    The U.S. subsidiaries of high-end British lingerie company Agent Provocateur filed for Chapter 11 protection “with several landlords closing in,” planning to slim domestic operations and sell what remains to an affiliate of Four Marketing Group.

  • April 13, 2017

    Former EDNY Securities Fraud Chief Joins Debevoise

    Winston Paes, who led the business and securities fraud unit in the Eastern District of New York and prosecuted Martin Shkreli and executives at hedge fund Platinum Partners LP, has joined Debevoise & Plimpton LLP, the firm said on Thursday.

  • April 13, 2017

    Royal Park’s $3.7B RMBS Cases Tossed Over Standing Flub

    A New York state judge threw out suits against four of the world’s top banks on Wednesday, saying European financier Fortis Bank botched the transfer of its residential mortgage-backed securities portfolio to Royal Park Investments SA/NV back in 2009 and partly extinguished its right to sue.

  • April 13, 2017

    GM Says Driver Can't Show Evidence From Other Accidents

    General Motors on Wednesday told a New York federal court overseeing multidistrict litigation pertaining to the company’s alleged ignition-switch defect that a driver in an upcoming bellwether trial shouldn’t be allowed to introduce evidence from other accidents involving different GM cars, saying they’re not substantially similar at all.

  • April 13, 2017

    Baker Says Insurer Wouldn't Cover Pies It Said To Toss

    An upstate New York pie company Thursday told a federal court Travelers left it in the lurch after a 2015 freezer accident by telling it to toss possibly salvageable pies, then refusing to pay its $1.1 million claim.

  • April 13, 2017

    Avaya Exec Says Bonus Plan Has Incentivized Performance

    Bankrupt telecom giant Avaya doubled down Wednesday on its bid to pay $3.7 million in bonuses to six top executives, with the company’s chief restructuring officer telling the New York bankruptcy court that reaching the target revenue numbers for the bonuses has been a genuine challenge.

  • April 13, 2017

    Real Estate Rumors: Carlyle, Prezant Family, BofA

    Private equity shop Carlyle has reportedly paid $45.52 million for a Florida mobile home community, the Prezant family is said to have sold for $12 million a New York site where the buyers are planning to build a hotel and synagogue, and Bank of America is reportedly in talks to take 500,000 square feet at a planned Chicago tower.

  • April 13, 2017

    Judge Adopts Fresh Findings Against Kapur In Contempt Saga

    A Manhattan federal judge adopted findings Thursday that could strengthen the U.S. Securities and Exchange Commission's case for keeping hedge fund founder Chetan Kapur jailed for contempt of $10 million in civil judgments against him and his defunct ThinkStrategy Capital Management LLC.

  • April 13, 2017

    Manhattan Borough Chief Gives Nod To Midtown East Rezone

    Manhattan’s borough president gave her seal of approval to a rezoning proposal for the island’s Midtown East district on Wednesday, but suggested some changes to the plan to increase transparency for the project and add more public spaces in future developments.

Expert Analysis

  • What ACA Repeal Means For The Future Of Medicaid

    Miranda A. Franco

    Republican party leaders have long said they believe Medicaid is fiscally unsustainable and a spending cap is necessary to fix its finances. The American Health Care Act, introduced by Republican House leadership last week, finally puts those ambitions into official legislative language, says Miranda Franco of Holland & Knight LLP.

  • MF Global-PwC Fight Could Set Troublesome Precedent

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    The glaring misperception created by the mere filing of MF Global’s case against PricewaterhouseCoopers is that the audit firm had or should have some responsibility for MF Global's collapse. In addition, certain hallmarks of a framework for a potential claim against accounting firms are absent here, says Jacob Frenkel of Dickinson Wright PLLC.

  • Rent Acceleration Clauses Are Powerful, But Limited In NY

    Eric D. Sherman

    Commercial leases in New York often contain a rent acceleration clause, which provides a landlord relief after the termination of a lease due to a tenant's uncured default. Recently, courts have started to scrutinize the enforceability, scope and effect of these clauses, so they should be carefully written to avoid provisions that would allow a landlord to "double-dip" in the event of a breach, say Eric Sherman and Meghan Hill of P... (continued)

  • Modernizing New York’s Fraudulent Conveyance Laws

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    A bill recently introduced in the New York State Assembly would repeal the state’s version of the Uniform Fraudulent Conveyance Act and replace it with the Uniform Voidable Transaction Act. Adoption of the UVTA would be an important step in ensuring that New York law remains the gold standard in commercial contracts, says Patrick Fitzmaurice of Troutman Sanders LLP.

  • Early Days Of New Administration Show Influence Of TROs

    Lauren  E. Aguiar

    President Donald Trump’s recent executive order banning travel to the U.S. by certain people from several Muslim-majority countries, and the related preliminary injunctive orders, are directly related to concepts of immigration law. However, the temporary restraining order mechanism available under Federal Rule of Civil Procedure 65(b) is relevant to many practitioners, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Weekly Column

    Talking 'Bull': Episode 16, Free Fall

    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 ...

  • 4th Circ. Uranium Mining Ruling Narrows Federal Preemption

    Michael K. Murphy

    The Fourth Circuit's recent decision in Virginia Uranium v. John Warren demonstrates a narrowing of preemption in areas that were traditionally held to the dominion of federal law: federal regulation of radiological safety under the Atomic Energy Act, and of federal lands under the Mining Act and the U.S. Constitution’s property clause, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Shining A Light On GOP Plan For Health Care Reform

    Andrew Bab

    Since the election of President Trump and Republican majorities in the House and the Senate, there has been a strong push to repeal and replace the Affordable Care Act. However, there has been little detail as to what “repeal” or “replace” actually mean. Recent developments provide some clarity, say members of Debevoise & Plimpton LLP.