New York

  • February 15, 2017

    $4.3M NBC Production Assistant OT Deal Gets Initial OK

    NBCUniversal Media LLC and a group of parking production assistants alleging unpaid overtime in two separate class actions received preliminary approval of a $4.26 million settlement from a New York magistrate judge on Wednesday.

  • February 15, 2017

    Reporter's Atty Hints Fox News Under Federal Investigation

    Fox News may be under federal investigation in connection with the sexual harassment claims that led to a series of lawsuits against the company and its former CEO Roger Ailes, an attorney for a former Fox reporter said in a New York hearing Wednesday, according to reports.

  • February 15, 2017

    'Shadow Insurance' Classes Ask 2nd Circ. To Revive Claims

    A policyholders attorney asked the Second Circuit on Wednesday to revive proposed class claims against Metropolitan Life Insurance Co. and AXA Life Insurance Co. over “shadow insurance” transactions, saying the insurers never disclosed that the tactic falsely inflated company finances.

  • February 15, 2017

    10 State AGs Urge Senate To Reject Vessel Discharge Bill

    New York Attorney General Eric T. Schneiderman and nine other state attorneys general called on U.S. Senate leaders Wednesday to reject legislation they say would dramatically weaken states' authority to protect waterways against pollution from commercial shipping vessels.

  • February 15, 2017

    NY Hospital Loses Med Mal Case For Flouting Court Orders

    A New York appeals court on Wednesday said an estate suing for medical malpractice won its case by default since New York-Presbyterian Hospital/Columbia University Medical Center and others failed to comply with the trial judge's discovery orders, which warranted sanctions harsher than a fine.

  • February 15, 2017

    Nissan Dealership Sales Reps Seek Cert. In FLSA Suit

    Sales representatives for the Nissan dealership of Star Auto Group asked a New York federal judge on Tuesday to grant conditional certification in a Fair Labor Standards Act case alleging they were paid less than minimum wage and shorted commission. 

  • February 15, 2017

    Ex-BNY Mellon Staffer Bilked $7M From Bank, Feds Say

    Manhattan federal prosecutors on Wednesday charged a former employee of a Bank of New York Mellon unit with embezzling $7.1 million over 13 years, which he used to pay for perks like luxury cars, vacations and an outdoor swimming pool.

  • February 15, 2017

    Alston & Bird Nabs Duane Morris Bankruptcy Pros In NY

    Alston & Bird LLP has a hired a pair of former Duane Morris LLP attorneys with expertise in financial restructuring and bankruptcy issues to join its New York office and help meet growing client demand for both skill sets, the firm announced Wednesday.

  • February 15, 2017

    2nd Circ. Won’t Give New Life To ‘Project Runway’ TCPA Suit

    A lower court judge correctly declined to certify a class of consumers alleging robocalls to hype the TV show “Project Runway” violated the Telephone Consumer Protection Act because no list of called numbers existed, a Second Circuit panel said on Wednesday.

  • February 15, 2017

    Target Lands Partial Win In Online Advertiser Suit

    A New York federal judge has let Target Corp. escape numerous counterclaims filed by a former business partner that provided services to the retailer’s online advertisers, though the judge declined to grant Target’s quick win request on its claim the advertising servicer owed it more than $9 million in revenue.

  • February 15, 2017

    Pastor, Tech Whiz Blame Coin.mx Boss As Bribery Trial Opens

    New Jersey pastor Trevon Gross and tech expert Yuri Lebedev told a Manhattan federal jury Wednesday that Anthony Murgio, the founder of Coin.mx who has pled guilty in the bribery and fraud case, is to blame for an illegal scheme to take over a credit union for bitcoin payment processing.

  • February 15, 2017

    SunEdison Seeks 4th Ch. 11 Plan Exclusive Filing Extension

    Solar company SunEdison Inc. asked a New York bankruptcy court on Tuesday to again extend its right to file a reorganization plan without competing proposals for an additional 30 days, saying a "modest" extension should allow it to finish addressing issues over proposed transactions and settlements involving two yieldcos.

  • February 15, 2017

    Conflicted Kirkland Team Hangs On In Turkish Trader Case

    A Kirkland & Ellis team representing a Turkish businessman accused of money laundering and breaking U.S. sanctions on Iran can stay in the case despite a maze of conflicts surrounding the firm’s work for banks named in the government's case, a New York federal judge ruled Wednesday.

  • February 15, 2017

    Ariz. Man Settles SEC’s Real Estate Fraud Claims

    The U.S. Securities and Exchange Commission said Tuesday it has netted a $500,000 settlement from an Arizona man accused of scamming real estate investors by taking undisclosed management fees and pawning off most the work on an unvetted broker who was later imprisoned on unrelated charges.

  • February 15, 2017

    Post-Spokeo Trends Offer Clues For Standing In Privacy Suits

    Federal courts in New York and Los Angeles came to opposite conclusions last month in trying to apply the U.S. Supreme Court's Spokeo ruling to high-profile privacy cases, yet attorneys see in those decisions hints as to how courts will decide whether plaintiffs suffered real harm in alleged invasions of privacy or unauthorized releases of personal information.

  • February 15, 2017

    REIT Broadstone Net Lease Prices $150M Debt Offering

    Rochester, New York-based real estate investment trust Broadstone Net Lease Inc. on Tuesday said that it has priced a $150 million private offering of senior unsecured notes to help diversify its exposure to lenders and lengthen its debt maturity schedule.

  • February 15, 2017

    Copyright Law Profs Blast ReDigi Music Ruling At 2nd Circ.

    Two dozen copyright law professors urged the Second Circuit on Tuesday to overturn a district court’s $3.5 million judgment against music sharing service ReDigi for infringing Capitol Records' copyrights, saying the decision undermines the law's careful balance between the rights of copyright holders and purchasers.

  • February 15, 2017

    Real Estate Rumors: Brian Itzkowitz, Allegiant, Trimfit

    An entity managed by New York lawyer Brian Itzkowitz is said to have bought a Florida development site for $31 million, Allegiant Real Estate has reportedly loaned $60 million to Walter & Samuels for a Manhattan school, and retailer Trimfit is said to have more than tripled its space in Manhattan.

  • February 15, 2017

    Uber EATS Couriers Blast Bid To Arbitrate Classification Suit

    Uber EATS bicycle couriers bringing a proposed class action over alleged Fair Labor Standards Act violations urged a New York federal judge Tuesday to reject Uber’s bid to compel arbitration, saying they were coerced into assenting to arbitration agreements and didn't know what they were agreeing to. 

  • February 15, 2017

    Facebook Birth Video Copyright Claims Are Tossed

    A New York federal judge on Wednesday dismissed copyright infringement claims against ABC, NBC, Yahoo and COED Media, saying their use of video and screen grabs from a birth streamed over Facebook Live fell squarely within fair use.

Expert Analysis

  • 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.

  • Door Closing On 'Unavailability' Insurance Exception: Part 2

    Scott M. Seaman

    Historically, decisions applying New Jersey law have applied the "unavailability of insurance" exception in the context of some asbestos and environmental coverage claims, but the already narrow exception may potentially be further limited in the near future, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Gawker Breaks News 1 Last Time

    Danielle Donovan

    In bankruptcy court, releases are more controversial than a sex tape. That’s why Gawker’s recently approved Chapter 11 liquidation plan, which provides for releases of Gawker’s current and former employees and independent contractors, is a treasure trove, says Danielle Donovan of Weil Gotshal & Manges LLP.