New York

  • May 18, 2017

    Ex-Rep. Grimm Gets 4-Year Atty Suspension On Tax Charge

    Former Congressman Michael Grimm was suspended from practicing law for four years by a New York state appeals court on Wednesday, after his federal guilty plea to a charge of underreporting taxes on a restaurant's revenues.

  • May 18, 2017

    2nd Circ. Shows Little Inclination To Exonerate Dean Skelos

    The Second Circuit sharply pushed back Thursday against former New York Senate leader Dean Skelos' assertion that the U.S. Supreme Court's move to limit what constitutes an official act in public bribery cases means he should get a new trial, but a three-judge panel had concerns about parts of the case.

  • May 18, 2017

    NY Court Rejects Splitting Cases Related To Stroke Victim

    A New York City public hospital's bid to seek indemnification from another medical center in a stroke victim's malpractice case was improperly severed from the original suit, a New York state appeals court ruled Wednesday.

  • May 18, 2017

    Avaya Faces Opposition To Ch. 11 Exclusivity Extension

    Holders of more than $4.6 billion in first-lien debt against Avaya Inc. urged a New York bankruptcy court this week to reject the telecom giant’s request for a 120-day extension to exclusively file a Chapter 11 plan, criticizing the company’s current proposal and failure to include them in negotiations.

  • May 18, 2017

    Fundamental Advisors Clinches $1B PE Fund

    New York-based alternative asset manger Fundamental Advisors LP closed out its third private equity fund, exceeding its target and picking up nearly $1 billion in capital commitments, the company announced Thursday. 

  • May 18, 2017

    Bermuda Insurer Fights MF Global's $1.8M Attys' Fee Bid

    Former MF Global excess insurer Allied World Assurance Co. Ltd. said in New York bankruptcy court Wednesday that it never violated court rules, despite the defunct company’s bid for $1.8 million in attorneys' fees over insurers' alleged failure to obtain court permission before filing an action to arbitrate a contract dispute in Bermuda.

  • May 18, 2017

    Buddha-Bar Investor Says It Was Harassed Over Franchise

    A Cyprus company demanded the return of its $1 million investment in a yet-developed Manhattan franchise of Buddha-Bar — an international restaurant and hotel chain — telling a New York federal court Thursday that the other owners attempted to “oppress and harass” it out of its ownership rights.

  • May 18, 2017

    Shipper Says Court Must Choose Arbiter Of $1.9M Row

    The attorney for a Japanese shipping company that won an order to compel a Florida company to arbitration has sent a letter to the New York federal judge presiding over the case, asking her to amend the order to pick an arbitrator for the $1.9 million dispute, as the arbitration provision in the contract does not.

  • May 18, 2017

    2nd Circ. Looks Unwilling To Revive Dunkin' Donuts Tax Beef

    The Second Circuit didn't look keen Thursday to revive a would-be consumer fraud class action claiming Dunkin’ Donuts hit purchasers of packaged coffee with an illegal surcharge in the guise of a sales tax.

  • May 18, 2017

    NY Real Estate Investor Can’t Duck Tax Bill

    A New York City real estate investor is still on the hook under a newly published state Division of Tax Appeals decision rejecting arguments that a $300,000 check was really a tax-free loan repayment instead of a partnership stake payout, as the investor had repeatedly described it.

  • May 18, 2017

    No Need To Keep $1.6M Diamond Row Paused, NY Court Told

    An Israeli diamond buyer on Wednesday asked a New York federal court to resume his suit to confirm a $1.6 million arbitration award against a Bronx-based business associate, saying decisions in parallel litigation in Israel won’t conflict with findings in the instant action.

  • May 17, 2017

    GM In Tough Successor Liability Fight Over Nonswitch Claims

    General Motors was put on the defensive Wednesday in a battle over whether car buyers can adapt a Second Circuit ruling that resurrected previously barred ignition switch litigation to assert other vehicle defect claims against post-bankruptcy GM, facing tough scrutiny by a New York bankruptcy judge over its successor liability defenses.

  • May 17, 2017

    'NBA 2K' Maker Asks 2nd Circ. To Not Revive Face-Scan Row

    The maker of the NBA 2K video game series urged the Second Circuit on Tuesday to uphold a lower court’s dismissal of a proposed class action accusing it of collecting and retaining gamers’ facial scans in violation of an Illinois privacy law, saying no concrete injury was suffered.

  • May 17, 2017

    Hinshaw Nabs Dentons Tax Atty As Partner In NY Office

    Hinshaw & Culbertson LLP has brought on former Dentons tax attorney Alvin J. Goldman as a partner in the firm's commercial transactions group to focus on federal tax planning and counseling for partnerships, joint ventures and limited liability companies.

  • May 17, 2017

    $3.1M NY Med Mal Verdict Tossed As Unreasonable

    A New York state judge has scrapped a $3.1 million medical malpractice jury verdict for a hospital patient allegedly injured by nursing staff's failure to perform an ordered test, saying in an order made public Wednesday that it was well above other verdicts in similar cases.

  • May 17, 2017

    Shkreli Loses Bid To Suppress Docs In Securities Fraud Case

    A New York federal judge on Tuesday refused a bid by former pharma executive Martin Shkreli to suppress evidence from his securities fraud trial related to his former hedge funds given to prosecutors by drugmaker Retrophin Inc., finding that Shkreli’s Fourth Amendment rights were not violated.

  • May 17, 2017

    Cuomo Announces Efforts To Cut State Methane Emissions

    New York Democratic Gov. Andrew Cuomo on Wednesday announced new efforts to reduce methane emissions, saying that additional monitoring and new policy development will help stem significant greenhouse gas emissions and push the state toward its climate change goals.

  • May 17, 2017

    Spokeo Doesn't Save Receipt Suit Against DKNY, Judge Says

    A New York federal judge on Wednesday nixed for the second time a putative class action accusing Donna Karan of unlawfully printing too much credit and debit card information on receipts, ruling that the U.S. Supreme Court’s Spokeo decision didn’t change his conclusion that the plaintiff doesn't have standing.

  • May 17, 2017

    4 Boxes To Check Before Firing An Offensive Employee

    The Second Circuit’s recent ruling that a catering company was wrong to fire a server who tore into his boss and the man's family in a profanity-laden Facebook post highlights the perils of firing an employee who mouths off, attorneys say. Here are four things they say employers should consider before firing a worker over speech.

  • May 17, 2017

    Ex-Client Hits BakerHostetler With $1.4M Bill For Russia Spat

    Russia-focused investment company Hermitage Capital Management Ltd. asked a New York federal judge on Tuesday to make its former lawyers at BakerHostetler reimburse Hermitage for more than $1.4 million it spent to disqualify the law firm over a conflict of interest posed by its work on a massive tax scam investigation.

Expert Analysis

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Weekly Column

    'Talking Bull': Episode 19, Bring It On

    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 ...

  • Big Stakes In High Court’s Securities Fraud Omissions Case

    Stephen L. Cohen

    Leidos v. Indiana Public Retirement System, which the U.S. Supreme Court will hear this year, presents potentially far-reaching questions, ranging from the U.S. Securities and Exchange Commission’s role in interpreting Section 10(b) to courts’ role in creating a federal common law of disclosure duties, say Stephen Cohen and Daniel McLaughlin of Sidley Austin LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Health Republic’s Curious Liquidation: Part 11

    James Veach

    Because so little information has been provided to the public, it's hard to know if the New York Department of Financial Services missed an opportunity to compromise and resolve issues surrounding the risk corridor and reinsurance programs during the Obama administration, says James Veach of Mound Cotton Wollan & Greengrass LLP in his continued analysis of Health Republic's mysterious liquidation process.

  • ADA Insights From 2nd Circ. 'Needle-Phobia' Decision

    Roland M. Juarez

    Companies still grapple with the bounds of their obligations and how to evaluate possible accommodations under the Americans with Disabilities Act. But a recent Second Circuit opinion provides helpful reminders regarding various aspects of compliance, say Roland Juarez and Lindsay Velarde of Hunton & Williams LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.

  • Health Republic’s Curious Liquidation: Part 10

    James Veach

    James Veach of Mound Cotton Wollan & Greengrass LLP continues his discussion of Health Republic's complicated liquidation process. In this part, he assesses New York Department of Financial Services Superintendent Maria Vullo's written response and testimony, finding that she failed to acknowledge several key facts about how Health Republic's money is being spent.