New York

  • October 6, 2017

    HSBC FX Exec Said 'I Think We Got Away With It,' Jury Hears

    Jurors in the trial of former HSBC foreign currency exchange executive Mark Johnson on Friday heard nearly 20 recorded phone calls surrounding a $3.5 billion forex deal that prosecutors say defrauded oil and gas developer Cairn Energy PLC, with Johnson saying at one point, “I think we got away with it.”

  • October 6, 2017

    Forest Labs To Pay $4M To End Gender Bias Suit

    Forest Laboratories Inc. agreed to pay $4 million to settle claims by a group of female employees who had accused the company of widespread gender discrimination, ending years of litigation in the dispute, according to a proposal filed in New York federal court Friday.

  • October 6, 2017

    GE, Eaton, Carrier To Pay NY State $1.5M In Landfill Suit

    General Electric Corp., Eaton Corp., Carrier Corp. and Transportation Consultants have agreed to pay New York state a combined $1.5 million to settle a suit alleging hazardous waste contamination at a landfill near Syracuse in the 1970s, according to documents filed Friday in New York federal court.

  • October 6, 2017

    Judge Unlikely To Dismiss Ex-Katten Atty Conspiracy Count

    A New York federal judge on Friday said she was not inclined to dismiss a conspiracy count against a former Katten Muchin Rosenman LLP attorney despite the fact Martin Shkreli, the leader of the alleged conspiracy, was acquitted on that charge.

  • October 6, 2017

    States Add Claims To Suit In Fight To Save DACA

    The battle over Deferred Action for Childhood Arrivals has ramped up in both the courts and Congress, with 16 states filing an amended complaint seeking to block the Trump administration from ending the deportation protection program and a Republican senator floating legislation to help participants.

  • October 6, 2017

    Convicted Ex-SAC Manager Asks Full 2nd Circ. For Rehearing

    Former SAC Capital insider trader Mathew Martoma urged the full Second Circuit on Friday to rehear his appeal after a split appeals court panel upheld his conviction for insider trading, arguing that the panel overruled its own precedent and replaced it with a test that dramatically departs from Supreme Court rulings.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    Feds Lose Bid To Exclude AIG's Evidence In $306M Tax Fight

    A New York federal judge on Friday denied the government’s motion requesting the exclusion of evidence that insurance giant American International Group sought to introduce in an almost decadelong $306 million tax fight.

  • October 6, 2017

    Atty Indicates Willingness To Settle Suit Against Cuneo Gilbert

    Attorney Preetpal Grewal indicated a willingness Friday to settle her Manhattan federal court suit against her former employer Cuneo Gilbert & LaDuca LLP, which began as a sweeping national-origin bias complaint but has been pared down to a spat over her employment agreement.

  • October 6, 2017

    Ice Cube’s Hoops League Cries Foul, Says Rival A $6.6M Ponzi

    A basketball league founded by actor and rapper Ice Cube said a rival league suing it over allegedly stolen proprietary information and a breached contract is actually a $6.6 million Ponzi scheme that hasn’t played a single game since its 2014 founding and urged a New York federal judge to toss the suit.

  • October 6, 2017

    Ecuadorean Firm Can't Escape Arbitration, Hyundai Unit Says

    A Hyundai unit has blasted an Ecuadorean engineering firm's bid to escape its $18.9 million arbitration claim stemming from a power plant construction project gone awry, telling a New York federal court that the firm's lawsuit "tells a truncated story" that omits material facts.

  • October 6, 2017

    L'Oreal Can't Cut Most Claims In Keratin Class Action

    L'Oréal was unable to convince a New York federal judge Thursday to dismiss a raft of claims from a class action in which buyers of keratin shampoos and sprays say they were defrauded by false advertising, but did persuade the judge that two unjust-enrichment claims should be trimmed.

  • October 6, 2017

    Breitburn Shareholders Fume Over 5th Ch. 11 Delay Request

    Fed-up shareholders and unsecured creditors of defunct Breitburn Energy Partners LP have blasted the debtor’s fifth request to extend its Chapter 11 deadline as lazy and deceitful, asking a New York bankruptcy court to let them implement their own plan to open up the bidding process to anyone who’s interested.

  • October 6, 2017

    Real Estate Rumors: New York REIT, Optima, Lennar

    New York REIT is reportedly close to a deal to sell multiple Garment District properties for $155 million, Chicago developer Optima could get $190 million with the sale of an apartment tower in the city, and Lennar has reportedly dropped $40 million on a former Florida golf course where it hopes to build 690 homes.

  • October 6, 2017

    Private Aviation Co. Snags $117.5M From Investors

    Membership-based aviation company Wheels Up said Friday that it raised $117.5 million in equity capital during a recent funding round as it looks to grow its fleet and expand into new markets.

  • October 6, 2017

    Energy Networking Site Creator Gets Year And A Day For Hack

    The creator of a Texas oil and gas industry professional networking website who sold the company for $51 million, then hacked in to steal information while launching a competitor, was sentenced to a year and a day in prison by a Manhattan federal judge on Friday.

  • October 6, 2017

    Romania Says Venezuela Ruling Applies In $250M Award Row

    Romania told a New York federal court Thursday that the standards used by the Second Circuit in its decision to reverse the confirmation of a $188 million award against Venezuela apply to its push to vacate a $250 million arbitration award in favor of a pair of Swedish food investors.

  • October 6, 2017

    NCAA Basketball Bribe Case Calls Amateurism Into Question

    College basketball is reeling from criminal corruption charges over schemes involving sports agents and shoe company executives that flout National Collegiate Athletic Association amateurism rules, but some experts say the case raises questions over the efficacy of the amateur system as college basketball has become a billion-dollar business.

  • October 5, 2017

    Gov't Backs Strict FCA First-To-File Bar In Allergan Case

    The federal government urged the Second Circuit on Wednesday to overturn a decision allowing a whistleblower False Claims Act case against Allergan Inc. to move forward despite a similar suit having already been filed, saying the FCA first-to-file bar should have required the case to be dismissed.

  • October 5, 2017

    Judge Dismisses ERISA Suit Against L-3 Execs

    A New York federal judge on Wednesday tossed a proposed class action that accuses two of L-3 Communications Corp.’s top executives of breaching their fiduciary duty to participants in the company’s retirement savings plan, finding that the complaint didn’t fix a flaw that previously sunk securities fraud claims against the executives.

Expert Analysis

  • Real Estate Industry In Anti-Money Laundering Crosshairs

    Kevin Shepherd

    An advisory issued this week by the Financial Crimes Enforcement Network offers glimpses into FinCEN’s strategy to combat money laundering in the residential real estate sector — a strategy that may have significant adverse implications for U.S. real estate lawyers, says Kevin Shepherd of Venable LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • When Employer Rules Against Recording May Violate NLRA

     Matthew LaGarde

    When considering the impact of the recent decisions of the National Labor Relations Board and the Second Circuit in Whole Foods v. NLRB, it is important to remember that the National Labor Relations Act’s protections are not limited to the unionized workforce, say Matthew LaGarde and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Extending The Murky Divide Between Warranty And Insurance

    Brian Casey

    A West Virginia federal court's recent decision in Bare v. Innovative continues a slowly developing trend that a product can be a warranty, and not insurance, even if the product's benefit payment is indirectly triggered upon the occurrence of what is otherwise a traditional insurance peril, say Brian Casey and Jon Gillum of Locke Lord LLP.

  • The Top Employment Cases Of 2017, So Far

    Nonnie Shivers

    While the U.S. Supreme Court’s upcoming decision in the class action waiver case it will hear this October represents unequivocally the biggest thing 2017 will see in terms of employment law, several other cases and developments so far in 2017 are also worthy of discussion, says Nonnie Shivers of Ogletree Deakins Nash Smoak & Stewart PC.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.