New York

  • June 30, 2020

    Aeromexico Announces Ch. 11 Restructuring Amid Pandemic

    Mexican airline Aeromexico announced Tuesday that it has filed a voluntary Chapter 11 petition in New York bankruptcy court, joining the list of airlines to acknowledge that the COVID-19 pandemic has negatively impacted their business.

  • June 30, 2020

    Key Senators Want To Add New Federal Judgeships This Year

    The Republican chairman of the Senate Judiciary Committee was joined by the panel's Democrats on Tuesday in calling to create new federal judgeships for the first time in nearly 20 years, but the idea needs broader GOP support to move forward.

  • June 30, 2020

    NY Courthouses To Check Body Temps: 100° Or Less To Enter

    New York state court officials on Tuesday announced that attorneys and other visitors will soon be required to submit to a body temperature check by officers at courthouse doors — if the thermometer reads over 100 degrees, no entry will be permitted.

  • June 30, 2020

    Cuomo Signs Partial Eviction Moratorium Bill

    New York legislation signed Tuesday night by Gov. Andrew Cuomo extends the protections of an eviction moratorium for some tenants, the latest twist in the gradual reopening of New York's housing courts.

  • June 30, 2020

    Sea Tow Says Ex-Franchise Used Ch. 11 For Fraud Scheme

    Marine salvager Sea Tow Services on Tuesday told a New York federal judge that a pair of former franchisees and their son engaged in a fraudulent scheme to try to reclaim their terminated franchise agreement through an "orchestrated bankruptcy."

  • June 30, 2020

    Wind Farm Owner Says Texas Co.'s Deception Cost It Millions

    A unit of Spanish energy conglomerate Acciona alleged on Tuesday that a Texas wind farm developer lied about securing land needed for a project to make it seem as if the venture was on track when it was actually falling way behind schedule, which cost $7 million to correct.

  • June 30, 2020

    2nd Circ. OKs $20M Award For Madoff Investor Class Attys

    The Second Circuit on Tuesday rejected the last objection to a nearly $20 million fee award for counsel of an investor class that received a $1 billion settlement for money lost through Bernard Madoff's Ponzi scheme.

  • June 30, 2020

    States Criticize EPA Push To Maintain Particulate Matter Regs

    A coalition of states including Maryland and New York told the U.S. Environmental Protection Agency that fine and coarse particulate matter pollution kills thousands of people each year and the agency is wrong not to tighten its rules to better protect public health.

  • June 30, 2020

    Gov't Can't Hold Detainee Indefinitely Without Security Risk

    A New York federal judge has ordered the federal government to release a Palestinian man indefinitely held in immigration detention after completing a terrorism-related prison sentence, ruling he poses no security risk and there is no legal basis to hold him.

  • June 30, 2020

    Halkbank Case May Be A Slog In The COVID-19 Age

    An attorney for Turkey's state-owned Halkbank on Tuesday told a New York federal judge it didn't envision being ready for trial over an alleged multibillion-dollar scheme to evade American sanctions targeting Iran until the spring of 2022, citing the difficulties brought on by the COVID-19 pandemic.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    Discovery Paused In Pol's $435M Defamation Beef With CNN

    A Manhattan federal judge said Tuesday that California Republican Rep. Devin Nunes must wait to take discovery of CNN in his $435 million suit alleging the news network defamed him with an allegedly false report that said he traveled to Ukraine to "dig up dirt" on presumptive Democratic presidential nominee Joe Biden.

  • June 30, 2020

    Skadden Steers $700M IPO For Goldman Sachs SPAC

    A special purpose acquisition company sponsored by Goldman Sachs started trading Tuesday after raising $700 million in an initial public offering steered by Skadden Arps Slate Meagher & Flom LLP.

  • June 30, 2020

    2nd Circ. Sinks Airport Hotel Challenge To Chef's $1M OT Win

    The operator of a hotel near New York's John F. Kennedy International Airport can't escape paying an ex-chef more than $1 million in his suit claiming he was shorted on overtime, after the Second Circuit refused Tuesday to "second-guess" the lower court's finding that he qualified for the pay. 

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    NY Judge Blocks Trump's Niece From Releasing Tell-All Book

    A New York state judge on Tuesday temporarily barred President Donald Trump's niece and her publisher Simon & Schuster from releasing her purportedly damning tell-all book "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man."

  • June 30, 2020

    Mexican Retailer Grupo Famsa Seeks To Exit Ch. 11 In August

    Mexican retail chain Grupo Famsa told a New York bankruptcy judge Tuesday it already has a nearly 99% vote in favor of its prepackaged plan to swap out $59 million in notes for longer-term ones, and that it hopes to emerge from Chapter 11 by the middle of August.

  • June 30, 2020

    MSG Entertainment Hires First GC After April Spinoff

    Madison Square Garden Entertainment Corp. has handed the job of general counsel to an attorney with years of experience in the entertainment industry, including at Metro-Goldwyn-Mayer Studios Inc., the company said Monday, about two months after it became a standalone business.

  • June 30, 2020

    NY Law Firm Hits Hartford With COVID-19 Coverage Suit

    New York law firm Siegel & Siegel PC has hit Hartford Casualty Insurance Co. with a proposed class action alleging the insurer has wrongfully denied coverage of losses incurred thanks to the coronavirus pandemic, joining the ever-growing number of businesses across the country making similar claims.

  • June 30, 2020

    Ex-King & Spalding Atty Says Benefits Cutoff Violated Law

    A former King & Spalding LLP global finance partner says the Reliance Standard Life Insurance Company violated federal law and ignored medical evidence when it cut off his benefits after he suffered blood and lung complications stemming from a gene mutation.

  • June 30, 2020

    Loeb, Shumaker Loop Cook Up $100M BurgerFi Merger

    American restaurant chain BurgerFi agreed to a $100 million merger with private equity affiliated blank check company OPES Acquisition Corp., the companies said Tuesday, in a deal guided by Loeb & Loeb and Shumaker Loop & Kendrick.

  • June 29, 2020

    Latest Ex-FIFA Boss Dodges Prison And Will Forfeit $950K

    A former FIFA vice president on Monday avoided prison for his role in international soccer's massive bribery scandal, after a New York federal judge sentenced him to time served.

  • June 29, 2020

    Chinese Investor Sues Grocery GC Over Soured EB-5 Bid

    A New York attorney — and the grocery store and subsidiary that he represents — were hit with a lawsuit in Manhattan federal court accusing the lawyer of tricking a Chinese investor into shelling out cash into the company for an EB-5 visa that never came to fruition.

  • June 29, 2020

    Twitter Turns 'Blind Eye' To Saudi Arabia Torture, Suit Says

    Prominent Saudi Arabian political dissident Ali Al-Ahmed hit Twitter Inc. with a lawsuit on Monday, accusing the social media giant of enabling and turning a "blind eye" to Saudi Arabia's efforts to suppress, torture, terrorize and murder dissenters.

  • June 29, 2020

    2nd Circ. Rejects Challenge To SEC's Regulation Best Interest

    With only a few days left before its compliance date, the U.S. Securities and Exchange Commission's Regulation Best Interest was upheld by a Second Circuit panel unswayed by arguments that the new rule governing standards of conduct for broker-dealers doesn't do enough to protect investors.

Expert Analysis

  • Do Climate Change Nuisance Suits Belong In Federal Court?

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    Lawsuits brought by cities, counties and states against fossil fuel companies in state courts over the effects of climate change are becoming more common, but splits among federal circuits on whether such litigation belongs in federal courts will need to be resolved by the U.S. Supreme Court, say attorneys at King & Spalding.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Justices' Cert Snub Perpetuates Commodities Act Uncertainty

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    The U.S. Supreme Court's decision Monday not to review Atlantic Trading v. BP means that we will have to wait for another matter to address the Second Circuit's interpretation of tests designed to determine when a Commodity Exchange Act trade occurred domestically, says Katherine Cooper at Murphy & McGonigle.

  • 4 Telehealth Concerns For Care Management After COVID-19

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    Care management organizations shifting to telehealth platforms due to COVID-19 should pay close attention to legal trends and developments in data protection, contract limitations, use of licensed providers and reimbursement policies, say Sarah Blumenthal and Richard Harris at Ropes & Gray.

  • NY Needs Policy Alignment To Meet Energy Storage Goals

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    New York can't realize its ambitious plan to create a zero-carbon emission electrical system by 2040 without a major increase in energy storage capacity, which will be difficult without harmonizing state and federal laws and regulations, say attorneys at Barclay Damon.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • March Trading Halts May Complicate Securities Class Actions

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    Trading restrictions used to mitigate COVID-19 market volatility in March may have had the unintended consequence of hampering price discovery, which could in turn impede market efficiency analysis in securities class actions, say consultants at Cornerstone Research.

  • Lessons On Force Majeure Application From Past Crises

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    Decisions after 9/11 and the Great Recession show strict interpretation of force majeure clauses, but courts are more likely to excuse nonperformance while pandemic-related anxieties are still running high, say Robert Travisano and Robert Lufrano at Epstein Becker. 

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • Reopened NY Courts Change COVID-19 Eviction Landscape

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    Now that New York state courts have reopened, landlords may have more flexibility in the default notices that they can send, and tenants should possibly view potential lease terminations with a greater degree of urgency, says Jesse Schneider at Davis & Gilbert.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • State Of Enviro Enforcement After Trump's Deregulatory Order

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    Attorneys at Sidley outline the interplay between President Donald Trump's recent executive order on deregulation during the pandemic and the U.S. Environmental Protection Agency's COVID-19-related guidance, and offer practical considerations for enforcement actions proceeding against the new backdrop.

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