New York

  • June 25, 2020

    2 Firms Guide Tech-Focused SPAC's Planned $525M IPO

    Guided by Cleary Gottlieb Steen & Hamilton LLP and Maples and Calder, a technology-focused special purpose acquisition company led by veterans of the tech and fintech sectors said Thursday it's planning to raise about $525 million in its initial public offering.

  • June 25, 2020

    Warburg Pincus PE Vet Joins Curtis As Corporate Atty

    Curtis Mallet-Prevost Colt & Mosle LLP said it has added to its New York office a corporate attorney who worked most recently at private equity firm Warburg Pincus, where he was based in Beijing and served as managing director and general counsel for China and Southeast Asia.

  • June 25, 2020

    Loeb & Loeb Adds Senior Tax Partner In New York

    Loeb & Loeb LLP has expanded its domestic and international tax practice, adding a former Eversheds Sutherland partner to its New York office.  

  • June 25, 2020

    Bayer Ducks Suit Over Birth Control Device Defect Claims

    A New York federal judge on Thursday threw out claims from three women alleging a birth control device made by Bayer Corp. was defective and caused them a slew of injuries, saying the women's claims are preempted by federal law.

  • June 25, 2020

    Investor Says Majority Stakeholder Drained Phone Refurb Biz

    The partial owner of a once-thriving phone refurbishment startup told a New York federal court that his business is being run into the ground by a majority investor that he says bought a stake in the startup just to inflate its own related business.

  • June 25, 2020

    South Korean Shipper Seeks Docs To Enforce $22M Award

    A South Korean shipping company is urging a New York court to let it subpoena several banks as it pursues information needed to enforce a $22.4 million arbitral award against a bankrupt Chinese company that it won following a dispute stemming from a soured chartering deal.

  • June 25, 2020

    2nd Circ. Revives Claim Google Broke Kids Content TM Pact

    The Second Circuit on Thursday revived a suit by the owner of children's entertainment platform Googles accusing internet giant Google of violating a settlement that bars the tech company from competing in the multimedia children's market, ruling that the district court wrongly dismissed the suit on grounds that Googles' owner lacks standing.

  • June 25, 2020

    EPA Accepts Defeat On Barring Grant Recipients As Advisers

    The U.S. Environmental Protection Agency has abandoned a controversial policy that prevented scientists who receive agency grants from serving on its advisory committees that weigh in on policy, following a series of courtroom defeats.

  • June 25, 2020

    SEC Chief Asked Trump For Berman's Job Days Before Ouster

    The head of the SEC revealed to Congress on Thursday that he told the president he was interested in taking Manhattan U.S. Attorney Geoffrey Berman's job roughly a week before U.S. Attorney General William Barr abruptly announced Berman's departure.

  • June 25, 2020

    Telegram Agrees To Pay SEC $18.5M To End Offering Claims

    Encrypted messaging company Telegram Group Inc. has agreed to pay an $18.5 million civil penalty to end U.S. Securities and Exchange Commission allegations it conducted an unregistered digital asset securities offering, the federal regulator told a Manhattan judge Thursday.

  • June 25, 2020

    Constellation Sells Brandy, Wine Brands In 2 Deals For $385M

    Constellation Brands said Thursday that it has agreed to sell its Paul Masson Grande Amber Brandy brand and its Nobilo Wine brand in two deals totaling $385 million, as part of an ongoing plan by the alcohol giant to pare down its portfolio.

  • June 24, 2020

    Investors Fight Cannabis Co. Sundial's Bid To Nix IPO Suit

    A proposed class of investors in Canadian cannabis company Sundial Growers asked a New York federal judge on Tuesday not to toss their suit accusing the company of concealing issues of cannabis quality ahead of its $143 million initial public offering.

  • June 24, 2020

    Windstream Defends Ch. 11 Plan From Noteholders

    Windstream Holdings Inc. on Wednesday defended its Chapter 11 plan in New York bankruptcy court from claims by unsecured noteholders that the plan grants first-lien creditors unjustified claims on the cable company's assets.

  • June 24, 2020

    Ex-BigLaw Atty's In-Person Depo Bid Tossed As 'Tomfoolery'

    A New York federal judge on Wednesday ripped a fired King & Spalding associate's demand for in-person depositions in his wrongful termination suit against the law firm as "tomfoolery," saying the current coronavirus health crisis makes such in-person meetings too dangerous.

  • June 24, 2020

    NY Court Partly Reverses Slash Of $2.5M Med Mal Award

    A New York appeals court on Wednesday added $400,000 back to a slashed $2.5 million jury verdict in a suit accusing a doctor of injuring a woman's intestine during a procedure, saying the judge's decision to cut the verdict to $650,000 was partially unwarranted.

  • June 24, 2020

    EY Bias Accuser's Arbitration Cost Dispute Sent To Arbitrators

    A New York federal judge rejected a former Ernst & Young real estate bigwig's attempt to nix an arbitration agreement based on a fee allocation order in the arbitration of her sex bias claims, finding her arguments about the agreement's enforceability should be handled by arbitrators as well.

  • June 24, 2020

    Vereit To Pay SEC $8M Over American Realty Fraud Claims

    Vereit Inc. will pay the SEC $8 million to resolve the agency's claims of accounting fraud that sent the former chief financial officer of the real estate investment trust, formerly known as American Realty Capital Properties, to prison for 18 months.

  • June 24, 2020

    NY Looks To Push BitLicense Program At 5-Year Mark

    New York's financial services regulator plans to roll out a provisional licensing option for cryptocurrency startups and is adopting a streamlined process for cryptocurrency companies it oversees to offer new coins, initiatives that come as the state's cryptocurrency licensing regime marks its fifth anniversary.

  • June 24, 2020

    NY, NJ, Conn. To Require Quarantine For Virus Hotbed Visitors

    Travelers coming into New York, New Jersey and Connecticut will have to quarantine for two weeks if they are arriving from areas hit especially hard by coronavirus pandemic, the governors of the three states announced Wednesday.

  • June 24, 2020

    Comscore Investor's Strife Claims Can't Save Stock-Drop Suit

    A Manhattan federal Judge on Wednesday tossed a proposed securities class action against analytics company Comscore Inc. and two of its executives that alleged they hurt shareholders by obscuring internal strife at the company.

  • June 24, 2020

    Industrial Part Maker Hits Ch. 11 With $250M Debt-Swap Plan

    Industrial metal brush and seating manufacturer Jason Industries Inc. hit Chapter 11 Wednesday with a plan in hand to deleverage its balance sheet by $250 million through a debt-for-equity swap.

  • June 24, 2020

    Regeneron Paid Kickbacks To Boost Eye Drug, Feds Say

    Federal prosecutors in Massachusetts accused New York pharmaceutical company Regeneron Pharmaceuticals on Wednesday of paying tens of millions of dollars in illegal kickbacks through a foundation to get doctors to prescribe its injectable eye disease drug.

  • June 24, 2020

    2nd Circ. Pushes Back On Eagles Lineman's Drug Ban Suit

    Philadelphia Eagles lineman Lane Johnson's admission that he took a banned substance could undermine his challenge to a 10-game suspension despite claims the NFL and its players' union failed to disclose side deals amending the league's policy, a Second Circuit panel suggested during arguments Wednesday.

  • June 24, 2020

    NY Says Shinnecock Rehashing Old Arguments In Fishing Suit

    A state agency has urged a New York federal court to reject recent arguments from members of the Shinnecock Indian Nation that "merely regurgitate" prior points in a case regarding their right to fish near the tribe's Long Island reservation.

  • June 24, 2020

    Natural Foods Co. Execs Want To Ax Federal Derivative Suit

    Executives of natural foods company Hain Celestial asked a New York federal court Tuesday to end shareholder litigation alleging securities fraud, contending that they had already fought off similar allegations and shouldn't have to go through those motions again.

Expert Analysis

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Risk Management Concepts For Public-Private Crisis Projects

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    As businesses new to public-private partnerships consider coronavirus-related disaster relief contracts, there are a number of issues general counsel and chief risk officers for these companies should consider that need not be a serious burden on operations, says Jordan Strauss at Kroll.

  • NY Order Kicks Power Grid Modernization Into High Gear

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    The New York Public Service Commission's recent order directing investor-owned utilities to rapidly review their distribution and local transmission infrastructure represents a turning point in the state's efforts to update its electric grid for green energy — so interested stakeholders must weigh in soon, says Kevin Blake at Phillips Lytle.

  • NYC COVID-19 Lease Guarantee Law May Be Unconstitutional

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    A New York City law signed into law Tuesday cancels personal guarantees executed in conjunction with commercial leases when tenants default on rent due to COVID-19, setting up a potential clash between the city's police powers and the U.S. Constitution's contracts clause, says Massimo D'Angelo at Adam Leitman.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • 2 New Accounting Fraud Cases Offer Lessons For Boards

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    Luckin Coffee and TAL Education Group — two high-profile Chinese companies listed in the U.S. — recently announced suspected cases of colossal revenue fraud, and these case studies may help companies recognize the germinating seeds of accounting fraud, say Fabian Roday at Fangda Partners and William Fotherby at Meredith Connell.

  • Opinion

    COVID-19 Relief Should Include Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Zoom Probe Offers Clues On NY's New Data Security Law

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    Perhaps the most interesting part of the recent agreement between Zoom and the New York attorney general is the requirement that Zoom implement a comprehensive, written information security program — the terms of which resemble provisions in the state's new SHIELD Act, say Erik Dullea and Megan Herr at Husch Blackwell.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Opinion

    It's Time To Fix New York's Notary Problem

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    Eliminating New York's notarized affidavit requirement for court submissions, or at least allowing remote notarization, would reduce the time and expense associated with securing a notary and minimize stress for lawyers and their clients, say Russell Yankwitt and Dina Hamerman at Yankwitt.

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