New York

  • 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.

  • June 29, 2020

    Nike Pilfered '6-Point Star' Logo For NBA Apparel, Suit Says

    New York City fashion brand Faded Royalty on Monday accused Nike and Michael Jordan of stealing its "6-Point Star" logo for their NBA 2020 All Star Weekend apparel, according to a copyright infringement suit filed in New York federal court seeking at least $10 million in damages.

  • June 29, 2020

    Biz Groups Get OK To Enter Fight Over Joint Employer Rule

    A New York federal judge on Monday let a business coalition join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.

  • June 29, 2020

    Real Estate Rumors: Kelly Kite, Hackman, WeWork

    Florida developer Kelly Kite is reportedly hoping to rezone a Miami property to allow for more density, a Hackman Capital venture is reportedly close to buying a New York film and television studio in a deal that could be worth roughly $500 million, and WeWork is said to be closing its oldest location, a New York property.

  • June 29, 2020

    Labaton Sucharow To Lead Abiomed Stock-Drop Class Action

    A New York federal judge on Monday tapped Labaton Sucharow LLP to lead a proposed class of investors alleging medical device developer Abiomed Inc. misled them about the company's finances, leading to a drop in stock prices.

  • June 29, 2020

    Home Care Co. Inks $12.5M Deal To End Pay Suit

    A New York-based home health care provider has inked a deal worth $12.5 million to settle a former aide's lawsuit claiming the company stiffed thousands of employees on pay and overtime.

  • June 29, 2020

    Bondholders Say Venezuela Defense In $1.68B Case Falls Flat

    The holders of some $1.68 billion in Venezuelan bonds are arguing that leaked comments made by the country's special attorney general acknowledging the weakness of its legal efforts to protect Citgo undermine arguments from the country's U.S. ambassador that the bonds violate Venezuelan law.

  • June 29, 2020

    Boies Schiller Exits Continue With Litigator's Jump To Mintz

    Mintz Levin Cohn Ferris Glovsky and Popeo PC announced Monday that it hired a New York-based complex civil litigator from Boies Schiller Flexner LLP, becoming the latest law firm to score talent from the litigation boutique amid its restructuring.

  • June 29, 2020

    High Court Won't Hear Claim That McDonnell Applies To FCPA

    The U.S. Supreme Court on Monday passed on a chance to extend its McDonnell ruling, which raised the bar for prosecutors to bring domestic corruption cases, to cases involving the Foreign Corrupt Practices Act.

  • June 29, 2020

    Soy Milk Maker Latest Co. Accused Of Vanilla Fraud

    Consumers filed the latest proposed class action alleging vanilla labeling fraud on Friday, accusing soy milk maker Hain Celestial Group Inc. in New York federal court of mislabeling its product as vanilla and failing to disclose artificial, nonvanilla flavors.

  • June 29, 2020

    Coalition Says Trump Can't Strip Calif. Emissions Authority

    A California-led coalition told the D.C. Circuit on Monday that the federal government overreached when it departed from long-standing practice and rescinded a Clean Air Act waiver that allowed California to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • June 29, 2020

    WWE Looks To Drop 'Fraud By Hindsight' Stock-Drop Suit

    World Wrestling Entertainment Inc. asked a New York federal judge on Friday to toss a proposed stockholder class action that claims the WWE inflated its stock price by hiding that a deal with Saudi Arabia was falling apart, calling the suit an "impermissible fraud-by-hindsight case."

  • June 29, 2020

    Frontier Communications Gets OK For Ch. 11 Plan Disclosures

    A New York bankruptcy judge on Monday approved Frontier Communication Corp.'s Chapter 11 plan disclosures and set the case on course for an August plan confirmation, overriding lienholders who sought more time for discovery.

  • June 29, 2020

    NY Landlords Lose Challenge To Cuomo's Eviction Limits

    A Manhattan federal judge on Monday rejected a bid by landlords to quash New York Gov. Andrew Cuomo's limits on evictions during the COVID-19 crisis, finding the restrictions do not violate landlords' rights under federal law and that the court has no jurisdiction over state law questions they may raise.

  • June 29, 2020

    May It Please The Camera: Zoom Trials Demand New Skills

    As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations.

  • June 29, 2020

    2nd Atty Denies Molotov Charges As Supporters Flood Call

    A second attorney charged with firebombing a vacant NYPD vehicle pled not guilty Monday in Brooklyn federal court during an at-times cacophonous conference call that was mobbed by more than 360 listeners.

  • June 28, 2020

    Will Spotlight On Racial Justice Force More Diverse Juries?

    Experts are expressing confidence that the civil unrest gripping the nation over racial tensions will refuel the push to make juries more diverse, a problem that has vexed the legal industry long before the killings of George Floyd and others by white police officers.

  • June 26, 2020

    Pfizer Says HHS Is Blocking Patient Access To Heart Drugs

    Pfizer Inc. sued the U.S. Department of Health and Human Services on Friday for blocking it from providing financial assistance to Medicare beneficiaries, claiming the agency's incorrect interpretation of two laws prevents many patients from accessing pricey medication for a fatal heart condition.

  • June 26, 2020

    Trump's Brother Tries Again To Block Niece's Tell-All Book

    A Trump family feud booted from Queens County Surrogate's Court gained new life Friday when the president's younger brother sued their niece Mary Trump and Simon & Schuster Inc. in a New York trial court seeking to block publication of her purportedly damning tell-all book.

  • June 26, 2020

    Surveillance Reformers Seize Moment Amid Protests, Virus

    A growing movement for police reform and added scrutiny of privacy in the age of COVID-19 have combined to add momentum to the push for limits on government surveillance.  

  • June 26, 2020

    Investors Can Grill HSBC On 2018 Forex Deal, Judge Says

    A New York federal judge will allow a proposed class of investors accusing several big banks of rigging benchmark foreign exchange rates to question HSBC about its 2018 deal with the U.S. Department of Justice that resolved similar claims of forex market manipulation.

  • June 26, 2020

    COVID-19 IP Catch-Up: Mask Sales & Remote Source Codes

    A Texas federal judge authorized a novel way of reviewing source code during the pandemic, mask makers are still bringing trademark suits, and patent litigation between drugmakers in New York is finally ready to go to trial. Here are some recent intellectual property updates tied to the outbreak that you may have missed.

  • June 26, 2020

    DOJ Strikes Deal Over Withheld Discovery In Census Suit

    The U.S. Department of Justice has reached a settlement with advocacy organizations that challenged the Trump administration's attempt to add a citizenship question to the 2020 Census, after the organizations accused the government of withholding key documents in court.

  • June 26, 2020

    The Week In Bankruptcy: Virus Dominoes Continue To Fall

    As the fourth month of COVID-19 winds down, bankruptcy filings across several industries continue to increase. The tendrils of the economic disruption wrought by the pandemic have worked their way further into the energy and retail sectors and toppled a longtime staple in the family entertainment industry.

  • June 26, 2020

    Gartner Sues Insurer Over $340M Event Cancellation Coverage

    Global research firm Gartner Inc. sued U.S Specialty Insurance Co. in New York federal court, seeking up to $340 million in coverage from canceled events because of COVID-19, alleging the insurer breached its policy terms by avoiding paying for its loss.

Expert Analysis

  • Mortgage Industry Should Prepare For Forbearance Scrutiny

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    Mortgage lenders and servicers should ensure they are aware of the many new federal and state laws emerging for the protection of borrowers during the COVID-19 crisis and be prepared to respond to regulatory inquiries from federal agencies, state attorneys general or licensing authorities regarding their compliance, say attorneys at Troutman Sanders.

  • New Ruling May Aid Syndicated Loan Market Amid Pandemic

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    A New York federal court’s recent holding that syndicated loans are not securities in Kirschner v. J.P. Morgan Chase may head off unnecessary securities litigation concerning the performance of syndicated loans impacted by the COVID-19 crisis at a time when borrowers have a heightened need for liquidity, say attorneys at Cleary.

  • How Cos. Can Adapt To Insurance Industry After COVID-19

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    Policyholders should maintain diligence, carefully assess risks, and thoughtfully rebalance risk transfer and mitigation strategies in order to weather the pandemic's long-term impact on the insurance industry, says Daniel Struck at Culhane Meadows.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • FCA Ruling Shows Importance Of Relator As Original Source

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    The Second Circuit’s recent decision remanding the long-running False Claims Act case U.S. v. Florida Cancer Specialists is an important reminder that whether a relator is an original source is a threshold issue for determining the viability of a qui tam action, says Kenneth Abell at Abell Eskew.

  • SEC's Token Issuer Case May Help Define Crypto Market

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    A New York federal court's upcoming decision on whether digital tokens should be considered securities in U.S. Securities and Exchange Commission v. Kik, on the heels of a similar case against Telegram Group, will likely help clarify the legal status of blockchain tokens, say attorneys at BakerHostetler.

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Opinion

    Copyright Office Should Call For Further DMCA Rebalancing

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    By refusing to endorse a policy that would require websites to permanently ban certain content, the U.S. Copyright Office's recent Digital Millennium Copyright Act report, although laudable, does not go far enough to rebalance competing interests, say Doug Mirell and Josh Geller at Greenberg Glusker.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • A Guide To Executing NY Contracts While Working From Home

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    Although relatively informal and commonly taken for granted, electronic signatures — such as typing a name at the end of an electronic message — may lead to a contract that is valid, enforceable and deemed to satisfy New York's Statute of Frauds, say Martin Siegel and Ally Hack at Warshaw Burstein.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • 'Bridgegate' Further Cabins Public Corruption Prosecutions

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    Last month's "Bridgegate" decision represents the latest remarkable chapter in a 20-year U.S. Supreme Court arc drastically narrowing prosecutors' ability to use previously flexible fraud statutes as tools to curtail putative public corruption by government officials, say Jason Halperin and David Drew at Mintz.

  • NY Shareholder Litigation Dismissal Raises Bar For Plaintiffs

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    The New York Supreme Court Commercial Division's recent dismissal of Culligan Soft Water v. Clayton Dubilier & Rice highlights nuances associated with presuit demand and demand futility in shareholder derivative litigation, and imposes a new hurdle for plaintiffs when there is a change in the company's control, say Ian Kerr and Muhammad Faridi at Patterson Belknap.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

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