New York

  • January 9, 2018

    MoFo Will Face Macquarie Again Over IPO Malpractice Claims

    A New York appeals court on Tuesday restarted a malpractice suit brought by investment bank Macquarie Capital USA Inc. against Morrison & Foerster LLP over an alleged failure to raise a red flag about misrepresentations made in Puda Coal’s initial public offering.

  • January 9, 2018

    Flu Shot Text Row Boosts TCPA Defense As Big Ruling Looms

    The Second Circuit last week narrowed liability for health care providers under the Telephone Consumer Protection Act by canning a suit over a single flu-shot reminder text, providing some welcome clarity in a litigation environment anxiously awaiting a ruling in another dispute that could drastically alter exposure under the statute, attorneys say. 

  • January 9, 2018

    Feds Indict NYC Lawmaker For Fraud, Witness Tampering

    New York federal prosecutors on Tuesday charged a Brooklyn state legislator with defrauding New York City and the federal government out of grant and aid funds and leaning on witnesses to lie to the FBI when they caught wind of her schemes.

  • January 9, 2018

    Fox Beats Ex-Exec's Suit Over Leaked Sex Assault Deal

    A New York federal judge on Tuesday dismissed Fox News exec Francisco Cortes’ allegations the company used him as a patsy to look strong on sexual harassment, describing an alleged Paul Weiss Rifkind Wharton & Garrison LLP-led conspiracy against him as “worthy of its own Martin Scorsese thriller.”

  • January 9, 2018

    Cadwalader Out To Sink Six Flags Proxy Malpractice Beef

    Cadwalader Wickersham & Taft LLP on Tuesday invited a skeptical trial judge to spike Daniel Snyder's $17.2 million malpractice suit over fees that the Washington Redskins owner's investment vehicle had to pay UBS for his Six Flags proxy fight, arguing that too much time had elapsed between the alleged malpractice and Snyder's New York lawsuit.

  • January 9, 2018

    Renco Sues Ex-Kaye Scholer Attys Over $214M Verdict

    The Renco Group sued its former attorneys from Kaye Scholer in New York state court Monday, blaming the counsel for an “inconsistent” jury verdict that cost the company and its billionaire owner Ira Rennert $214 million in damages over fraudulent transfers.

  • January 9, 2018

    Real Estate Rumors: WR Berkley, Google, Triarch Capital

    Insurance firm W.R. Berkley is reportedly the buyer of real estate investment trust SL Green's office tower on Lexington Avenue in New York, Google is said to be eyeing space in Chicago for thousands of employees, and Triarch Capital has reportedly picked up a pair of Florida office towers for $22.5 million.

  • January 9, 2018

    Blackstone Grabs Vancouver REIT For $3.05B

    A subsidiary of Blackstone Group LP has agreed to purchase Vancouver-based Pure Industrial Real Estate Trust for CA$3.8 billion ($3.05 billion) including debt, the company said Tuesday.

  • January 9, 2018

    Ex-Deutsche Traders Say Case Hinges On UK Libor Overseers

    Two former derivatives traders at Deutsche Bank argued in a brief filed on Tuesday that prosecutors must call in someone from the U.K. industry association that set the London Interbank Offered Rate in order to prove the traders conspired with others to manipulate the lending benchmark.

  • January 9, 2018

    3 Key D&O Insurance Cases To Watch In 2018

    Courts around the country are set to grapple with critical coverage issues under directors and officers insurance policies in 2018, including at what point a U.S. Securities and Exchange Commission investigation triggers coverage and when an insurer can withhold consent for a policyholder's settlement.

  • January 9, 2018

    Beirut Victims' Kin Tell 2nd Circ. Not To Review Ruling

    Families of the victims of the 1983 Beirut Marine Corps barracks bombing urged the Second Circuit on Monday not to reconsider its decision to revive an avenue for them to potentially seize $1.68 billion linked to Iran’s central bank, saying an appellate panel got it right last year when it ordered a lower court to take another look at whether they could access the funds.

  • January 9, 2018

    Millionaires' Tax Debate Continuing In Cities, States

    With the newly signed federal tax reform law, H.R. 1, widely characterized as disproportionately benefiting the wealthy, the debate over so-called millionaires' taxes is advancing in several state and city jurisdictions, a move that could theoretically take back some of the potential windfall for the affluent.

  • January 9, 2018

    21st Century Oncology Wins Approval For $500M Ch. 11 Plan

    Cancer treatment center chain 21st Century Oncology won approval from a New York bankruptcy court for its $500 million prepackaged restructuring plan on Tuesday, with the company saying the plan has won the support of nearly all of its creditors.

  • January 9, 2018

    'Difficult' DACA Cases Head To 2nd Circ.

    A New York federal judge on Monday granted the Trump administration's bid to immediately appeal a November order allowing key procedural and racial-animus allegations to continue in two cases challenging the impending termination of the Deferred Action for Childhood Arrivals program, sending the "difficult" cases to the Second Circuit.

  • January 9, 2018

    Allen & Overy Regains Appeals Whiz From NY AG

    A former Allen & Overy LLP litigation partner has returned to the fold after two years as assistant solicitor general for the Office of the New York Attorney General, working largely on appeals matters, the firm announced.

  • January 9, 2018

    NYC Seeks Quick Win In Tavern On The Green TM Suit

    New York City on Monday asked a federal court to hand it an immediate win in its trademark suit against Tavern on the Green International LLC, arguing that the successor to the bankrupt operator of the iconic restaurant breached a use agreement and has no right to use the eatery’s name for restaurant franchises.

  • January 9, 2018

    You've Got Restitution, 2nd Circ. Tells AOL Email Poacher

    AOL screen name swindler Jason Smathers is still on the hook for the bulk of $84,000 he owes the former dial-up giant, the Second Circuit said Tuesday, holding that prosecutors don't have to examine whether other payments satisfied his restitution tab.

  • January 9, 2018

    Ace Looks To Nix Coverage For $8M Grubhub Ad Texting Deal

    Ace American Insurance Co. asked a New York federal court Monday to toss a suit that seeks to force the insurer to foot the bill for an $8 million settlement between Grubhub and a proposed class of consumers suing over mass texts, saying two exclusions apply to bar coverage.

  • January 9, 2018

    Uber Agrees To Pay $3M To End Drivers' Service Fees Suit

    Uber Technologies Inc. has agreed to pay $3 million to end a suit alleging it miscalculated the fees it deducted from fares earned by a proposed class of New York state drivers, according to a settlement notice filed Monday in New York federal court.

  • January 8, 2018

    Milberg Joins Sanders Phillips Grossman To Form New Firm

    Leading class action law firm Milberg LLP said Monday it has entered a new partnership with Sanders Phillips Grossman LLC, a plaintiffs firm focusing on mass tort and personal injury cases, to form Milberg Tadler Phillips Grossman LLP.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • The Battle Over 3rd-Party Releases Continues

    Matthew Kelsey

    Bankruptcy courts have taken divergent approaches to analyzing whether they have jurisdiction to approve nonconsensual third-party nondebtor releases. While the New York bankruptcy court's recent decision in SunEdison provides another data point for the debate, it leaves some questions unanswered, say attorneys with Gibson Dunn & Crutcher LLP.

  • What A Solar Eclipse Has To Do With Market Efficiency

    Daniel Bettencourt

    A common criticism of the event study methodology for testing market efficiency is that the number of events is insufficient and that the results cannot be generalized for the entire class period. That's where Albert Einstein and the 1919 total solar eclipse come in, say Daniel Bettencourt and Steven Feinstein of Crowninshield Financial Research.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • A New, Relaxed Standard For Class Cert. In Securities Cases

    Brian Headshot.jpg

    After the Second Circuit’s decision last week in Waggoner v. Barclays, it should be easier for securities fraud plaintiffs to win class certification when their cases involve securities that are not listed on national exchanges, says Brian Lehman of The Lehman Law Group.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • A Look At NYC Bar Association's Task Force On Puerto Rico

    Roger Juan Maldonado

    Last year, the New York City Bar Association created its Task Force on Puerto Rico to monitor and comment on the actions of stakeholders involved in the implementation of the Puerto Rico Oversight Management and Economic Stability Act. The task force's focus has naturally shifted in the aftermath of Hurricane Maria's catastrophic impact, say Roger Juan Maldonado and Neysa Alsina of the New York City Bar Association.