New York

  • February 10, 2017

    2nd Circ. Flips $3.5M Oil Spill Defense Coverage Award

    The Second Circuit on Friday reversed a New York federal court's ruling that a marine pollution insurer must pick up the tab for more than $3.5 million in defense costs that American Commercial Lines Inc. racked up defending claims tied to a massive oil spill, finding the policy is ambiguous as to the extent of the insurer's obligations.

  • February 10, 2017

    NY Appeals Court Upholds NYC Restaurant Salt Warning Rule

    A New York appeals court on Friday affirmed a trial court’s rejection of a challenge to a controversial rule requiring chain restaurants in New York City to alert customers to high-sodium food they serve.

  • February 10, 2017

    Match CEO Nixes NY Taxes, Penalties Based On Dallas Move

    Match.com's CEO is off the hook for hundreds of thousands of dollars in New York state taxes and penalties after a state Division of Tax Appeals decision made public Thursday held that his real home during the years in question was in Dallas, not Manhattan.

  • February 10, 2017

    Skelos, Son Urge 2nd Circ. To Toss Their Convictions

    Former New York Senate Majority Leader Dean Skelos and his son have urged the Second Circuit to toss their corruption convictions for allegedly squeezing illegal payments out of several businesses, saying the jury was given faulty instructions.

  • February 10, 2017

    Citigroup 'Boys' Club' Bias Suit Looks Bound For Arbitration

    A Manhattan federal judge told former Citigroup Inc. financial adviser Erin Daly on Friday that her suit alleging the megabank is a “boys’ club” where she was treated as a “glorified secretary” was almost certainly bound for arbitration before the Financial Industry Regulatory Authority.

  • February 10, 2017

    Dewey Retrial Inches Forward As Juror Troubles Continue

    The fraud retrial of two former Dewey & LeBoeuf LLP executives is off to a slow start after hitting a juror-related roadblock on Friday, the second day of delay in the trial's first week.

  • February 10, 2017

    Real Estate Rumors: Morgan Stanley, NYC Penthouse, Daten

    Morgan Stanley is said to be considering buying 2 million square feet at Hudson Yards, a Greenwich Village penthouse has reportedly sold for more than $40 million, and Daten Group is said to have scored $54 million in financing for a Brooklyn residential project.

  • February 10, 2017

    Health Hires: Arent Fox, Winston & Strawn, Nelson Mullins

    Arent Fox LLP, Winston & Strawn LLP, Nelson Mullins Riley & Scarborough LLP and Nixon Peabody LLP have expanded their health care groups with new partners focusing on regulatory concerns, transactions and litigation.

  • February 9, 2017

    'As Seen On TV' Marketers Seek Default Against Amazon

    The maker of the Snuggie blanket and other TV products told a New York federal judge in a letter Thursday that Amazon.com Inc. had offered the court “blatant misstatements and patent falsehoods” to explain its belated response to allegations it enabled the sale of counterfeit goods.

  • February 9, 2017

    Australian Mining Equipment Co. Files For Ch. 15 Protection

    An Australian company touting itself as one of the world's largest independent mining equipment rental businesses asked a New York bankruptcy court on Wednesday for Chapter 15 protection from potential creditor litigation and recognition of a new reorganization scheme that provides for the exchange of $282.72 million in senior secured notes.

  • February 9, 2017

    Dewey's DiCarmine Was Above The Fray, Jury Hears

    An attorney for former Dewey & LeBoeuf LLP Executive Director Stephen DiCarmine on Thursday told a New York jury that he was uninvolved in the finance and accounting departments at the law firm and had no reason to think any fraud was being committed.

  • February 9, 2017

    Rennert Says MagCorp Jury Should Have Been A Judge

    Billionaire Ira Rennert told a skeptical Second Circuit on Thursday that he should have been allowed to withdraw from a planned Manhattan federal jury trial seven weeks before the selection of jurors who ended up hitting him with a $118 million verdict for looting two of his companies before parking them in bankruptcy.

  • February 9, 2017

    NY High Court Says Attys’ Ethics Flub Doesn’t Kill Fee Deal

    The New York Court of Appeals on Thursday found the failure of a counsel of record and a co-counsel to inform their client of the co-counsel’s involvement in a workplace injury suit did not invalidate a fee deal between them, saying this ethical lapse does not negate an enforceable agreement.

  • February 9, 2017

    Big Apple Circus Receives Bid That Might Keep Show Alive

    Bankrupt non-profit Big Apple Circus Ltd. may have found a path to revive the New York-based show, noting Thursday that a Sarasota, Florida, investment firm placed a winning bid of $1.3 million at auction to purchase the company’s circus equipment, intellectual property and other performance unit assets.

  • February 9, 2017

    Ex-Rabobank Trader, Libor Suit Witness Seeks Time Served

    A former Rabobank trader who admitted to taking part in a scheme to fix Libor rates asked a New York federal court on Wednesday to sentence him to time served, arguing he should avoid further jail time after bolstering the government’s case against other traders as a witness.

  • February 9, 2017

    Design-Build Team Tapped For $1.5B Javits Center Update

    New York’s Empire State Development Corp. has picked several companies to design and build a $1.5 billion expansion of the Jacob K. Javits Convention Center in Manhattan, the companies said on Wednesday.

  • February 9, 2017

    Real Estate Rumors: Cooley, Martin Sweren, Tesla

    Cooley LLP is reportedly in late-stage discussions for space at 55 Hudson Yards in New York, Martin Sweren is said to have paid $17.85 million for a Miami office building that includes a bank branch, and Tesla is reportedly taking 6,500 square feet of additional space in Brooklyn.

  • February 9, 2017

    Sloan Kettering Seeks More Sanctions In Drug IP Case

    The Sloan Kettering Institute again asked a New York federal judge to sanction a biopharmaceutical company and its counsel in a now-dismissed lawsuit over gene therapy patent rights, saying Wednesday the company used protected documents from this case in a newly filed state court matter concerning the same issues.

  • February 9, 2017

    Tower Research Gets Investors' Korean Futures Suit Tossed

    A Manhattan federal judge has tossed a suit by a proposed class of investors who claim that computerized trading firm Tower Research Capital LLC manipulated the prices of Korean futures contracts swapped on an electronic trading system, saying the system is not a registered exchange.

  • February 9, 2017

    Dump Truck Co.'s Post-Union Election Closure Ruled Illegal

    A Brooklyn dump truck company trimmed operations in retaliation for its drivers voting to join the Teamsters and later illegally attempted to resume its full volume of work conditional on its employees rejecting the union, a National Labor Relations Board judge ruled Wednesday.

Expert Analysis

  • Dabbing Into The Financial Side Of Marijuana

    Neda Ghomeshi

    Both the U.S. Department of Justice and the Financial Crimes Enforcement Network have provided guidance for brokers and firms doing business with the cannabis industry, concerning how to avoid prosecution for violating the law. However, even 100 percent compliance does not guarantee total safety from investigation, says Neda Ghomeshi of Hunter Taubman Fischer & Li LLC.

  • The Return Of Patent Opinion Letters

    Matthew A. Werber

    Court rulings in the six months since the U.S. Supreme Court's Halo decision reveal a trend — defendants are more incentivized to seek and rely on timely advice from counsel on noninfringement and invalidity. In 2017, more clients will be seeking formal opinion letters and taking remedial actions early on, says Matthew Werber of SpencePC.

  • New York Revises Cybersecurity Proposal: A Closer Look

    Michael A. Mancusi

    Although the revised version of New York's proposed cybersecurity regulations addresses several areas of concern or confusion for financial services firms, certain questions of scope and liability remain. In addition, the revised proposal's requirements remain extensive, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How NY Developers Request Access To Neighboring Property

    Stanziale_Laurie_TarterKrinsky.jpg

    Construction, repairs and renovations in New York City often require access to neighbors' property. Co-op and condo building boards should take the time to fully understand the different types of access that developers might request, say Laurie Stanziale and Steven Troup of Tarter Krinsky & Drogin LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Long-Arm Jurisdiction In A Post-Daimler Era

    Muhammad U. Faridi

    A New York state court’s recent decision in Ace Decade Holdings v. UBS, dismissing a $500 million fraud suit against Swiss bank UBS, highlights the nuanced issues involved in personal-jurisdiction disputes and demonstrates that Daimler has significantly limited general “doing business” jurisdiction over out-of-state defendants, say Muhammad Faridi and Jordan Engelhardt of Patterson Belknap Webb & Tyler LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • The Prudential Need For Insurer Access To Information

    Jason P. Cronic

    In the recent American Realty class action, the Southern District of New York ruled that confidential information could not be shared with insurers. When courts prevent such disclosure, they significantly hamper insurers' ability to be meaningfully involved in the defense and settlement of claims, say Jason Cronic and Leland Jones IV of Wiley Rein LLP.

  • Proportionality Takes Hold In 2nd Circ.: Takeaways For 2017

    Elizabeth Del Cid

    District courts within the Second Circuit have issued at least 15 decisions in which a discovery ruling was based, at least in part, on the proportionality factors set forth in amended Federal Rule 26(b)(1). In more than half those decisions, courts denied discovery requests on proportionality grounds. Elizabeth Del Cid and Soren Packer of Murphy & McGonigle PC discuss seven takeaways for litigants as the amended rule turns two.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.