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New York

  • September 7, 2018

    New York Life Unit Lends $75M For Manhattan Office Tower

    A subsidiary of New York Life Insurance Co. has provided $75 million in financing to a joint venture of Fisher Brothers and Sungate Park Avenue Trust for an office property in Manhattan, according to an announcement from New York Life on Friday.

  • September 7, 2018

    Third Point Looks To Oust Campbell's Entire Board

    Activist investor Third Point revealed plans Friday to replace Campbell’s entire board, slamming the sitting directors for failing to forge a turnaround and contending the food giant’s poor performance is a reflection of a “tenure of mismanagement, waste, ill-conceived strategy and inept execution.”

  • September 6, 2018

    Concert Tix Cos. Sue NY AG To Preempt 'Drop Shipping' Row

    Two concert ticket companies hit the New York attorney general with a lawsuit in state court Thursday, seeking a judgment that she can’t sue them, as she has apparently threatened, over alleged violations of consumer protection laws.

  • September 6, 2018

    Deutsche Defends RMBS Accrual Clause In Quicken Suit

    New York’s highest court heard Thursday that a so-called accrual clause in a contract at issue in Deutsche Bank National Trust Co.'s suit over allegedly bad loans sold by Quicken Loans Inc. into a residential mortgage-backed securities trust doesn’t go against public policy.

  • September 6, 2018

    Church & Dwight Wins $10M In Pregnancy Test False-Ad Suit

    A federal judge has awarded Church & Dwight nearly $10 million in its false advertising suit against rival SPD Swiss Precision Diagnostics GmbH, the maker of home pregnancy test Clearblue, but denied the household product manufacturer’s request for punitive damages, saying the competitor’s actions were not egregious.

  • September 6, 2018

    No Gov't Docs For Accused In Basketball Bribery Suit: Judge

    Three defendants at the heart of the NCAA corruption case can't force the government to turn over additional documents, a New York federal court ruled Wednesday, saying they hadn't proven the material could help their case because most of the criminal charges are based on recorded conversations with the defendants.

  • September 6, 2018

    State AGs At Odds Over Google Privacy Pact At High Court

    Attorneys general from California, Massachusetts, Illinois, New York and several other states urged the U.S. Supreme Court to uphold an $8.5 million privacy settlement requiring Google to pay millions to third parties and nothing to class members, going against 19 fellow state attorneys general who in July stumped for the opposite result.

  • September 6, 2018

    Judge Sanctions Business Partner In Jimi Hendrix TM Suit

    A New York federal judge on Thursday hit a business partner of Jimi Hendrix's brother with $4,000 in sanctions in a trademark dispute with the late rock star's estate, saying the partner had repeatedly missed discovery deadlines.

  • September 6, 2018

    Deutsche Clients Lose Class Cert. Bid In 'Last Look' Suit

    A New York federal judge Thursday declined to certify proposed classes of Deutsche Bank clients who claim the bank used a policy called "Last Look" to rip off its clients, finding that it would require individualized proof to determine whether the clients were aware of the practice.

  • September 6, 2018

    Lloyd's Insurers Seek To Nix Carlyle's $400M Oil Loss Claim

    Lloyd’s of London underwriters asked a New York court on Thursday to rule that they have no obligation to pay Carlyle Group affiliates’ claim for nearly $400 million in crude oil they lost when a Moroccan oil refinery known as SAMIR was seized in 2015, asserting that Carlyle’s failure to provide timely notice of the losses forecloses coverage.

  • September 6, 2018

    2nd Brit Held Over Alleged $17M Bar Works Ponzi Scheme

    A businessman already heading to prison for a massive Florida condominium fraud has become the second British national accused in the $17 million alleged Bar Works Ponzi scheme, according to charges unsealed in Manhattan on Thursday.

  • September 6, 2018

    Ex-Sadis & Goldberg Atty Admits To Tax Evasion, Conspiracy

    A former top lawyer at Sadis & Goldberg LLP pled guilty in Manhattan federal court on Thursday to charges of tax evasion and conspiracy to defraud the U.S. as part of a plea deal that calls for $1.2 million in restitution and a guideline range of three to four years in prison.

  • September 6, 2018

    Swan-Shaped Pool Float Isn't Trade Dress, 2nd Circ. Says

    The Second Circuit ruled Thursday that a Long Island pool products company couldn’t claim exclusive trade dress rights to a large inflatable swan, calling the effort “impermissibly overbroad.”

  • September 6, 2018

    Monsanto Can't Round Up Chemical Docs From Advocacy Org

    A New York judge handed a defeat to agrichemical giant Monsanto Co. on Thursday in its fight for documents from an advocacy group that has called for a halt on the use of glyphosate, the key ingredient in Monsanto’s Roundup weed killer, with the judge saying the subpoena risked "chilling" free speech and political activity.

  • September 6, 2018

    State AGs Join Fight Over DOI Flip On Migratory Bird Kills

    Democratic attorneys general from eight states sued the U.S. Department of the Interior in New York federal court seeking to undo its decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, joining environmental groups that have already challenged the policy about-face.

  • September 6, 2018

    Real Estate Rumors: Ronn Torossian, Bridge, Berkowitz

    5WPR founder Ronn Torossian has reportedly paid $16.9 million for a condo in Manhattan, a Bridge Investment Group venture is said to be close to a deal to pay roughly $113 million for a Chicago office tower and Berkowitz Development Group has reportedly landed $12 million in financing for a Florida retail project.

  • September 6, 2018

    Mylan Investors Push Back At Bid To Toss EpiPen Claims

    Investors in Mylan NV fired back at what they called a scattershot motion to dismiss their amended claims about alleged anti-competitive behavior involving the drugmaker's EpiPen epinephrine auto-injector, saying their latest allegations are "well-pleaded and damning."

  • September 6, 2018

    Cullen & Dykman Steers Santander's $52M Brooklyn Loan

    Cullen & Dykman LLP represented Santander Bank in connection with its $52 million loan to GDC Properties for an apartment building on Water Street in Brooklyn, according to records made public in New York on Thursday.

  • September 6, 2018

    Oberland Capital Reaps $800M For Second Fund

    Health care-focused private investment firm Oberland Capital on Thursday said it closed its second royalty and credit opportunities fund after reaping $800 million from pension plans, endowments and foundations from the United States, Europe and the Middle East.

  • September 6, 2018

    Ex-UN Head's Nephew Gets 6 Months For Korea Bribery Plot

    A Manhattan federal judge sentenced the nephew of former United Nations chief Ban Ki-moon to six months in prison Thursday for trying to pay off a foreign official to fund an $800 million development in South Korea, expressing concern that a longer term would have led to his automatic deportation.

Expert Analysis

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • FCPA Liability For Hiring Practices Gains New Credence

    Bruce Searby

    The U.S. Department of Justice and the U.S. Securities and Exchange Commission have stood by an expansive theory of anti-bribery liability under the Foreign Corrupt Practices Act for corrupt hiring schemes. After the recent Credit Suisse resolutions, the theory appears to be here to stay, says Bruce Searby, a partner at Searby LLP and a former federal prosecutor.

  • Is Trump Admin.'s Suspension Of Clean Water Rule Lawful?

    Steven Gordon

    Earlier this year the Trump administration suspended the Clean Water Rule while considering how to rescind or revise it. This action was immediately challenged in New York federal court, presenting some interesting questions about when and how an agency can suspend a regulation that has already taken effect, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Will Blood Testing Revive Medical Monitoring Claims?

    Tony Hopp

    In Burdick v. Tonoga, a New York state trial court recently certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members’ blood serum, signaling a potential revival of interest in medical monitoring class actions, say attorneys with Steptoe & Johnson LLP.