New York

  • June 16, 2017

    Sharp Drops NY Suit Over Chinese TV Maker's Quality Claims

    Sharp Corp. on Thursday voluntarily dismissed its New York federal court suit against a Chinese state-owned electronics manufacturer over the manufacturer's alleged fraudulent misrepresentation of the quality of certain Sharp-branded televisions, a dispute that is currently also the basis of pending arbitration in Singapore and litigation in California.

  • June 16, 2017

    Widower Urges High Court To Revive Jeep Defect Suit

    A man whose wife died from injuries following a 2004 accident in her Jeep Liberty is asking the U.S. Supreme Court to revive his state suit against Daimler AG over defects that subjected the model to a recall in 2003, saying the company’s activities in New York are sufficient to establish jurisdiction.

  • June 16, 2017

    Judge Nixes Delay In $2B Loan Scam Despite Late Discovery

    A New York federal judge on Friday refused to push back the September trial of race car driver Scott Tucker and lawyer Timothy Muir, charged with running a $2 billion illegal payday lending operation, despite a recent turnover by prosecutors of more than 500 hours of audio and millions of pages of spreadsheets.

  • June 16, 2017

    Shkreli Wants Millions In Bail Back For Bills

    Martin Shkreli, the devil-may-care former pharma CEO whose securities-fraud trial is set to start in less than two weeks, asked a New York federal judge on Thursday to release over half of his bail money — $3 million — for pressing legal and tax bills.

  • June 16, 2017

    Reinsurer Exec Says $50M RICO Suit Must Be Arbitrated

    Three reinsurance executives Thursday asked a New York federal court to send a $50 million Racketeer Influenced and Corrupt Organizations Act case against them to arbitration, saying the arbitration clause in the reinsurance agreement applies to them as well as their company.

  • June 16, 2017

    'Why Are You Here?' 2nd Circ. Asks Convicted Former Lawyer

    The Second Circuit expressed deep doubt Friday with a disbarred lawyer who is seeking a writ dissolving his nearly 12-year-old fraud conviction, with two judges bluntly suggesting that his pro bono counsel had no business before them.

  • June 16, 2017

    Bankrupt French Oil Services Co. Gets Interim Payments OK'd

    A New York bankruptcy judge on Thursday granted several initial interim orders in favor of French oil services firm CGG after it filed for Chapter 11 bankruptcy to deleverage a balance sheet by nearly $2 billion, allowing the company to continue operations for the time being.

  • June 16, 2017

    Travelers Says Charney Defamation Suit Costs Not Covered

    Travelers Indemnity Co. on Thursday asked a New York federal court to declare it does not have to pay the costs hedge fund Standard General LP incurred defending a defamation lawsuit by American Apparel’s ousted CEO Dov Charney, saying the suit was over an employment issue and not advertising.

  • June 16, 2017

    Forest Says Namenda Buyers Can't Use Its Own Consultant

    Forest Laboratories LLC on Thursday asked a New York federal court to disqualify Namenda buyers’ expert witness, as he consulted with the drug company for nearly 15 years, including on the patent litigation at the heart of this pay-for-delay proposed class action.

  • June 16, 2017

    Real Estate Rumors: Heyat, Himmel + Meringoff, Encore

    Heyat Hospitality has reportedly sold a Miami hotel for $32 million, Himmel + Meringoff is said to have picked up a Long Island City property for $25 million, and Encore Enterprises has reportedly raised about $147 million through bond sales on the Tel Aviv Stock Exchange.

  • June 16, 2017

    Paralegal In Atty's Pump-And-Dump Scheme Settles With SEC

    A paralegal who was sued by the Securities and Exchange Commission for allegedly serving as a straw director of two companies in a securities lawyer's pump-and-dump scheme has agreed to assist authorities and pay an unspecified amount in disgorgement and penalties, according to papers filed in New York federal court on Friday.

  • June 16, 2017

    NY Hospital Must Face Suit Over Student’s Brain Damage

    A Bronx hospital was denied a quick dismissal Thursday of a lawsuit from a teen who suffered brain damage from a heart attack and alleges nurses and medical staff failed to properly respond to early signs of a blood clot, a known side effect of a contraceptive she was prescribed.

  • June 16, 2017

    Eni, Nigerian Oil Co. Units Move To Enforce $500M Award

    A subsidiary of Italian oil giant Eni SpA and an affiliate of a Nigerian gas company have urged a New York federal court to confirm an arbitral award of over $497 million, plus interest, against a Nigerian state-owned oil company issued in a dispute over a production-sharing contract.

  • June 16, 2017

    Libor Antitrust Plaintiffs To Appeal Foreign Bank Fight

    Investors who say banks broke antitrust laws by selling them securities linked to the London Interbank Offered Rate while secretly rigging the benchmark told a New York federal court Thursday that the investors will appeal a decision that freed foreign banks from the lawsuit.

  • June 16, 2017

    2nd Circ. Judge Asks If Online Shopping Impacts Key TM Test

    Second Circuit Judge Guido Calabresi asked Friday if a Manhattan trial judge should have focused more on the world of online shopping before dismissing millennial women's retailer Joules Ltd.'s  trademark suit claiming infringement against Macy's over its “Maison Jules” clothing line.

  • June 16, 2017

    NY Court Affirms Hospital's Win In Suit Over Teen's Suicide

    A New York state appellate court declined on Thursday to revive a suit accusing a psychiatrist and a hospital of medical malpractice and negligence in the way they handled the case of a 17-year-old who went on to commit suicide after being discharged from the hospital.

  • June 15, 2017

    2nd Circ. OKs Class Cert. Reviews In Flushable Wipes Suits

    Procter & Gamble, Kimberly-Clark and Costco will be allowed to appeal a district court's decision to certify three classes of consumers accusing them of mislabeling bathroom wipes as "flushable" when they can cause plumbing damage, a Second Circuit panel ruled Wednesday.

  • June 15, 2017

    No Rules On Key REIT Metric, Witness Says In Ex-CFO Trial

    A cooperating witness in the prosecution of ex-American Realty Capital Properties Chief Financial Officer Brian S. Block conceded in a New York federal court Thursday that there were no laws, rules or regulations about the reporting of an earnings metric that Block is charged with falsifying in SEC filings.

  • June 15, 2017

    Nixed Enhancements Cut 20 Mos. From Fraudster's Sentence

    An oil and mining investment fraudster who was granted a resentencing by the Second Circuit because of incorrectly applied enhancements had 20 months shaved off his 10-year sentence by a New York federal judge on Thursday.

  • June 15, 2017

    NYC Eatery Says Its TM Doesn't Tread On Condiment Co.'s

    A New York City restaurant chain known for its “roadhouse” style atmosphere asked a federal judge Thursday to clear it of trademark infringment accusations by a condiment maker that sells a brand of barbecue sauce under the same name, saying there was no likelihood of confusion between the two.  

Expert Analysis

  • Solving The Uninsured Driver Conundrum With Technology

    Kymberly Kochis

    Nearly a century after Massachusetts enacted the first law mandating the purchase of auto insurance, and despite laws on the books in almost every state, 12 percent of drivers are still uninsured. Kymberly Kochis and Veronica Wayner of Eversheds Sutherland (US) LLP explore why uninsured driver rates are so high, how states are addressing the issue, and consider prospects for future solutions through technological advances.

  • A Reminder That Market Regulators Are Still Watching

    Clifford Histed

    It is clear that the Trump administration has no intention of relenting when it comes to pursuing complex market manipulation cases, and the U.S. Securities and Exchange Commission’s Lek Securities case is the first tangible example of that, say Clifford Histed and Gilbert Perales of K&L Gates LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Free Speech At Private Universities: Protected Or Not?

    M.C. Sungaila

    Although the First Amendment prohibits the government from infringing on free speech rights, it does not prevent private persons or entities from doing so. Thus, students at private universities have fewer free speech protections than those at public universities. But state laws and university policies may still provide legal cover for students at private institutions, say attorneys from Haynes and Boone LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .

  • NYPSC Shakes Up Net Metering Projects In New York State

    Peter Trimarchi

    The New York Public Service Commission recently issued an order creating a new means of compensating renewable energy projects connected to the state’s electric grid. By replacing the net metering system with a new, more complex scheme for project valuation, the order will quickly change the landscape of renewable energy development and financing in New York, says Peter Trimarchi of Nixon Peabody LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.