New York

  • August 9, 2017

    Search For Mueller Conflict A Futile Effort, Ethics Expert Says

    The long roster of lawyers involved in the Trump-Russia morass may prove to be a boon for ethics scholars eager for fresh material, but don’t expect the investigation to turn on a legal conflict with the man spearheading the probe, New York legal ethics expert Stephen Gillers said Wednesday.

  • August 9, 2017

    Chinese Woman Assaulted By Border Officer Wins Damages

    A Chinese woman assaulted by a U.S. Customs and Border Protection officer who falsely suspected she was a drug smuggler was awarded a fraction of the $10 million in damages she sought, after a New York federal judge recently found that her testimony was not credible.

  • August 9, 2017

    Italian Sentenced To 1 Year For Click Fraud Scheme

    An Italian man convicted of breaking into a computer to obtain information to fuel a global “click fraud” scheme to defraud advertisers was sentenced to a year in prison by a Brooklyn federal judge Wednesday.

  • August 9, 2017

    SEIU Seeks 2nd Circ. Rehearing In Anti-Bias Law Row

    The Service Employees International Union Local 32BJ on Tuesday asked the Second Circuit for a full panel review of its failed challenge to the New York State Human Rights Law applied when unions are accused of discriminatory activity in their role as collective bargaining representatives, saying the panel decision rejecting preemption strays from other case law.

  • August 9, 2017

    Upstate NY Developers Say WTC Reversal Dooms Case

    A former SUNY president and five men associated with upstate New York developers have asked a Manhattan federal judge to toss the corruption case against them in light of a recent reversal in what they call a similar case against a World Trade Center contractor.

  • August 9, 2017

    TM Owner ‘Throws Shade’ At Viacom Over New Show

    Viacom Inc. was hit with a trademark lawsuit on Tuesday over Funny or Die late-night show “Throwing Shade” — a name a New Jersey man says he already locked up for a reality show.

  • August 9, 2017

    KIT Fraud Suspect, Lawyer Not Allowed To Dump Each Other

    Manhattan U.S. District Judge Paul G. Gardephe declined Wednesday to let hotel entrepreneur Omar Amanat split with his lawyer after an unusual hearing in which both men doubted their ability to work together on Amanat's defense against criminal charges that he looted KIT Digital Inc.

  • August 9, 2017

    SEC Bars Ex-Barclays Exec From Associating With Stock Pros

    Former Barclays PLC director Steven McClatchey, who gave his plumber inside information in exchange for cash, was barred by the U.S. Securities and Exchange Commission from associating with securities professionals and from penny stock offerings, the agency announced Tuesday.

  • August 9, 2017

    Developer Scores $60M In Loans For NYC Residential Project

    New York-based real estate developer Edward J. Minskoff Equities Inc. has landed $60 million in financing for a planned residential project in Manhattan's West Village neighborhood from Riemer & Braunstein LLP-led CIT Bank NA, according to property records made available Wednesday.

  • August 9, 2017

    Law Profs Urge NY’s Top Court To Take On $10B Saudi Appeal

    Experts in New York state civil procedure said Wednesday that a New York appellate court incorrectly dismissed a Saudi contractor’s $10 billion fraud suit against Barclays PLC by misinterpreting the state’s standards for when a case is filed too late.

  • August 9, 2017

    Real Estate Rumors: Forkosh, Coastline, Est4te Four

    Forkosh Development Group is said to be selling a New York rental building for $110 million, two members of Coastline Management Group have reportedly sold a Florida apartment complex for $13.5 million, and Est4te Four has reportedly bought a New York office condo from New York REIT for $135 million.

  • August 9, 2017

    TV Tout In $131M ForceField Stock Fraud Gets 15 Months

    A New York federal judge on Wednesday sentenced a stock promoter and trader who took to the airwaves — and took a kickback — to tout ForceField Energy Inc. to 15 months in prison, saying that the trader, motivated by greed, fooled himself into believing there was nothing wrong with his conduct.

  • August 9, 2017

    CMS Insider Trading Cooperator Settles Case With SEC

    A former analyst at Deerfield Management Corp. who pled guilty to criminal charges relating to a scheme to trade on tips from an insider at the Centers for Medicare & Medicaid Services has agreed to help the U.S. Securities and Exchange Commission with its related investigation.

  • August 9, 2017

    Syracuse VA Hit With $2M Suit Over Treatment Of Burns

    A man has sued the U.S. government in New York federal court for $2 million, alleging that medical professionals at a Syracuse Veterans Affairs facility failed to properly treat his burns, causing infections and necessitating additional treatment.

  • August 9, 2017

    ABA Partners With NYC Legal Orgs To Showcase City

    For the American Bar Association’s 2017 annual meeting this weekend — its first in New York City in almost a decade — the organization will for the first time ever open up its legal education programs to nonmembers, an initiative meant to give attendants a taste of some of the benefits that come with participation in the ABA, the organization’s president told Law360.

  • August 8, 2017

    China North Investors Win Cert., $33M Default Judgment

    A New York federal judge certified a class of China North East Petroleum Holdings Ltd. investors and awarded them about $33 million in a default judgment Tuesday after the oil company failed to appear in court in more than a year and a half in a long-running securities fraud suit.

  • August 8, 2017

    Toyota Clears Acceleration Defect Hurdle As Monitoring Ends

    Toyota Motor Corp. closed a chapter Tuesday in the saga over claims it hid acceleration defects, when the government said in New York federal court that the monitoring period laid out in a $1.2 billion deferred prosecution agreement in 2014 had come to a close.

  • August 8, 2017

    Judge Nudges Along Dispute Over $1.8B Exxon, Shell Award

    A New York federal judge on Monday took another stab at ending a monthslong spat over discovery as Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries look to confirm a $1.8 billion arbitral award, giving Nigeria's state-owned oil company until Sept. 30 to finish turning over certain documents.

  • August 8, 2017

    PBGC, Creditors Object To Hospital Laundry Co.'s Ch. 11 Plan

    Unsecured creditors and the Pension Benefit Guaranty Corp. have both objected to Angelica Corp.’s proposed Chapter 11 plan, calling a release-of-liability clause in the medical laundry and linen management company’s plan far too broad to pass muster.

  • August 8, 2017

    Chadbourne Calls Revised Sex Bias Complaint 'Prohibited'

    Chadbourne & Parke LLP urged a New York federal court Monday to order female attorneys in a $100 million gender discrimination suit to revise their recently amended complaint, which added Norton Rose Fulbright as a defendant, saying it contained additional elements that were "prohibited" by the court from being included.

Expert Analysis

  • Monthly Column

    Sentencing Lessons From Jenkins Child-Porn Case

    Daniel Wenner

    While Jenkins is a case involving possession and transportation of child pornography, the Second Circuit's recent decision can be helpful when attempting to obtain a below-guidelines sentence in other types of cases, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • Investor Recovery Strategies Following ANZ Securities

    Serena Hallowell

    After the U.S. Supreme Court's decision in ANZ Securities, the rise in parallel individual suits is poised to go national. Securities defendants may come to regret the opinion, though it may feel like a victory today, say attorneys with Labaton Sucharow LLP.

  • Shareholders Want More Climate Change Risk Disclosure

    Jane Montgomery

    Shareholders recently voted for more disclosure of future climate change impact on ExxonMobil's business outlook. This raises two questions, say Jane Montgomery and David Loring of Schiff Hardin LLP: What climate risks do investors want to know about? And how can a business disclose them?

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Petrobras Strikes Heavy Blow Against Use Of Event Studies

    J.B. Heaton

    In Petrobras, the Second Circuit rejected the practice of using statistically unreliable event studies to establish — without consideration of other evidence — that alleged securities fraud had no impact on the stock price of the accused fraudster, says J.B. Heaton of Bartlit Beck Herman Palenchar & Scott LLP.

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Takeaways From 2nd Circ.'s Petrobras Ruling

    Brad Karp

    The Second Circuit’s decision last week in Petrobras has significant implications for litigation concerning securities that are traded in the over-the-counter market. Litigation involving debt securities is particularly likely to be affected, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.