New York

  • March 17, 2017

    ‘Stop With The Games,’ Judge Tells Atty In OT Pay Suit

    A New York federal judge has scolded an educational services provider and its attorney in a former manager’s overtime collective action lawsuit, telling them to “stop with the games” after failing to hand over contact information for two witnesses in the case.

  • March 17, 2017

    Pastor, Tech Expert Guilty Of Bitcoin Bank Bribery Scheme

    A Manhattan federal jury convicted New Jersey pastor Trevon Gross and Florida tech expert Yuri Lebedev on Friday on charges that they schemed to co-opt a small credit union in order to make it easier to process unlawful bitcoin-dollar exchanges and to obstruct a government investigation.

  • March 16, 2017

    Businessman Gets Prison For NYPD Gun Permit Bribes

    A Brooklyn businessman and member of a volunteer safety patrol on Thursday was sentenced to nearly three years in prison for bribing members of the New York City Police Department to secure gun permits.

  • March 16, 2017

    Dewey Defense Takes Aim At Cooperator's Plea Change

    A lawyer for a former Dewey & LeBoeuf LLP executive being tried a second time for fraud sought on Thursday to undermine the credibility of a primary government cooperator by grilling him about his change in guilty plea.

  • March 16, 2017

    Judge Says Jury In $2B PwC Malpractice Row 'Confused'

    The New York federal judge presiding at MF Global’s $2 billion professional malpractice suit against accounting giant PricewaterhouseCoopers on Thursday suggested that jurors in the case are probably “enormously confused” by the testimony and suggested the jury be given a primer on the evidence they’ve seen so far.

  • March 16, 2017

    2nd Circ. Affirms Huntington's Win In Actors' Privacy Suit

    Three actors accusing tutoring company Huntington Learning Center of invading their privacy by playing a commercial they starred in repeatedly without consent lost their appeal of a lower court’s dismissal Thursday after the Second Circuit found they signed valid contracts.

  • March 16, 2017

    Etsy Gets Toss Of IPO Securities Fraud Claims

    A New York federal judge on Wednesday tossed a proposed class action against Etsy Inc., ruling that shareholders who allege the company inadequately disclosed risks regarding counterfeit goods that led to a stock plunge after an initial public offering failed to show the online marketplace's actions amounted to fraud.

  • March 16, 2017

    Jimi Hendrix Family Feud Continues With New Suit Over Pot

    Jimi Hendrix’s brother and adopted sister are butting heads in court again, according to a complaint filed in New York federal court Thursday in which the Hendrix estate, run by sister Janie, is accusing brother Leon of infringing estate trademarks with Jimi-branded marijuana edibles and other goods.

  • March 16, 2017

    Pipeline Co. Can’t Sue NY Over Permit Delay, Judge Says

    A New York federal judge on Thursday ruled Constitution Pipeline Co. LLC can't challenge a state regulator's decision to hold off ruling on certain water quality permits for the company’s proposed $683 million natural gas pipeline while an appeal about another permit is pending, saying the pipeline maker hasn’t experienced an injury or imminent threat of harm as a result of the delay.

  • March 16, 2017

    Sheldon Silver Tells 2nd Circ. McDonnell Changes Everything

    An attorney for former New York State Assembly Speaker Sheldon Silver urged a Second Circuit panel Tuesday to reverse his corruption conviction or order a new trial in light of jury instructions made erroneous by the U.S. Supreme Court’s landmark McDonnell decision.

  • March 16, 2017

    American Realty Investors Say Class Cert. Is Easy Call

    TIAA on Wednesday urged a New York federal court to certify a class of American Realty Capital Properties investors on claims that the real estate investment trust's accounting shenanigans sank its stock value, arguing thousands of investors similarly injured by ARCP's statements are a slam dunk for certification.

  • March 16, 2017

    Coin.mx Jury Homes In On Bitcoin Fraud Evidence

    Jurors weighing bribery charges against New Jersey pastor Trevon Gross and Florida tech expert Yuri Lebedev in connection with Coin.mx, a shuttered bitcoin-dollar exchange, completed a fourth day of deliberations Thursday after asking for evidence related to fraud charges Lebedev faces.

  • March 16, 2017

    BakerHostetler Adds Advertising Team From Manatt Phelps

    BakerHostetler said Wednesday that it has brought on an experienced five-member advertising, marketing and digital media law team from Manatt Phelps & Phillips LLP to broaden its privacy, data protection and intellectual property practices as technological developments push the ad and marketing industries to converge.

  • March 16, 2017

    NY Doc Can’t Escape Claims He Botched Colonoscopy

    A divided New York state appeals panel on Wednesday refused to toss a lawsuit alleging that a gastroenterologist damaged a patient’s appendix during a colonoscopy, ruling that the patient raised valid questions as to whether signs of appendicitis were ignored during a follow-up appointment.

  • March 16, 2017

    Port Authority Decision Threatens Bargaining, Union Says

    The union representing the Port Authority of New York and New Jersey's police has sued the agency, alleging its employment dispute panel made a decision that jeopardizes the agency’s obligation to collectively bargain with the cops.

  • March 16, 2017

    Breitbart Stole Immigration Photo, Suit Says

    Conservative website Breitbart News was hit with a copyright lawsuit Wednesday from a photojournalist who claims the site used his image of Mexican immigrants crossing the border without his permission.

  • March 16, 2017

    SDNY Judges Handle 1 In 4 Securities Cases, Data Show

    With the Southern District of New York handling one of every four federal securities cases filed since the end of the financial crisis, big names on the bench including U.S. District Judges Jed Rakoff, Kevin Castel and Lewis Kaplan have led the federal judiciary in the number of cases heard, according to new data.

  • March 16, 2017

    Lehman, Home Loan Bank Gear Up For $150M Swap Suit Trial

    Lehman Bros. Holdings Inc. and Federal Home Loan Bank of New York on Wednesday traded their last pretrial arguments in a case in which Lehman accused FHLB of cheating it out of more than $150 million by undervaluing numerous interest rate swaps that went belly up after the investment bank collapsed in 2008.

  • March 16, 2017

    Bankrupt Retailer Gordmans To Lay Off About 600 Workers

    Just days after filing for Chapter 11 protection with plans to liquidate assets, century-old department store chain Gordmans Stores Inc. sent notices this week saying that it will be laying off close to 600 employees in May when it closes its headquarters and distribution centers.

  • March 16, 2017

    Real Estate Rumors: LargaVista, Fla. Property, Sterling Bay

    LargaVista is said to have bought a warehouse in Long Island City, New York, for $27.1 million, Aviation Inflatables is said to have picked up a building in Sunrise, Florida, for $10.5 million, and Sterling Bay reportedly picked up a 2.2-acre parcel in Chicago for $11.5 million.

Expert Analysis

  • Marblegate's Impact On TIA Guarantee Protections

    James H. Millar

    The Second Circuit's opinion in Marblegate does not explicitly address the specific protections that the Trust Indenture Act provides to guarantees. However, one can conclude that Marblegate is consistent with the statutory language, says James Millar of Drinker Biddle & Reath LLP.

  • Employer Guidance As Courts Consider Trump's Travel Ban

    Elizabeth Espín Stern

    Since Jan. 27, many of the initial questions posed by President Donald Trump's recent executive order banning travel to the United States by foreign nationals from seven countries have been answered by administration representatives, but the controversy about the legality of the order continues and is the subject of multiple court actions, say attorneys at Mayer Brown LLP.

  • The Conundrum With Short-Term Rentals In NYC

    David J. Pfeffer

    Apartment vacation rental websites such as Airbnb are on the rise in densely populated and expensive areas, but these services are often illegal in New York City. Both landlords and tenants need to understand the difference between Class A and Class B dwellings, as well as the circumstances under which New Yorkers can rent out apartment space, says David Pfeffer of Tarter Krinsky & Drogin LLP.

  • Inside Northern District Of California's New Patent Rules

    Sruli Yellin

    While the recent revisions to the Northern District of California's influential patent local rules provide for several small tweaks to the rules governing disclosure of infringement contentions and invalidity contentions, the most notable and significant changes impact damages discovery and the disclosure of damages theories and positions, says Sruli Yellin of Fisch Sigler LLP.

  • Strengthening EPA Water Transfers Rule At The 2nd Circ.

    Ronda L. Sandquist

    In Catskill Mountains Chapter of Trout Unlimited v. U.S. Environmental Protection Agency, the Second Circuit issued a highly anticipated ruling confirming the legality of the EPA's water transfers rule. The decision is significant in that it strongly reinforces the legality of the rule and offers additional assurance to water providers that employ or intend to develop water transfers, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • A New Tool For Obtaining Jurisdiction In New York Courts

    Stephen P. Younger

    In the past, a foreign bank’s use of correspondent bank accounts in the United States to facilitate wire transfers has not necessarily given New York courts a sufficient basis for jurisdiction over the bank. But the New York high court's recent decision in Rushaid v. Pictet & Cie may change that, say Stephen Younger and Sarah Ferguson of Patterson Belknap Webb & Tyler LLP.

  • Roust’s Rapid Road To Chapter 11 Confirmation

    Fredric Sosnick

    The confirmation of Roust Corp.'s prepackaged reorganization plan by the Southern District of New York bankruptcy court less than a week after the company's bankruptcy filing suggests that under appropriate circumstances, the notice period for confirmation of a prepackaged Chapter 11 case could start to run even before the case is commenced, say attorneys with Shearman & Sterling LLP.

  • How New York Workers Can Recover From Insolvent Trusts

    Linda J. Clark

    In Accredited Aides v. Program Risk, an appellate division of the New York Supreme Court recently ruled that employer members of a group self-insurance workers' compensation trust can pursue direct claims for monetary damages. This important precedent provides guidance for consumers in general dealing with deceptive business practices, say Linda Clark and David Cost of Barclay Damon LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.