New York

  • June 24, 2020

    Trump's Brother Seeks To Block Niece's Book About President

    President Donald Trump's brother filed for a temporary restraining order Wednesday in New York state court seeking to block the publication of a book by his niece, claiming its publication would violate a 2001 nondisclosure agreement she signed related to an estate settlement.

  • June 24, 2020

    Recently Sentenced Forex Fraudster Owes CFTC $3.8M

    A South Carolina man has been ordered to pay $3.8 million in fines and restitution to the U.S. Commodity Futures Trading Commission, less than a week after he was sentenced to two years in prison for running a fraudulent foreign exchange investment scheme.

  • June 24, 2020

    Real Estate Rumors: Symphony, Zar, SBA Communications

    Symphony Residential has reportedly paid $16.9 million for a Florida apartment complex, Zar Property NY is said to have leased out 4,750 square feet in New York to a French economic development agency, and SBA Communications is reportedly seeking approval to build a Florida headquarters that's larger than the company had originally planned.

  • June 24, 2020

    Cuomo's Eviction Moratorium Went Too Far, Landlords Say

    New York Gov. Andrew Cuomo overstepped his authority when issuing a 60-day moratorium on evictions amid the COVID-19 pandemic, and the governor's order denies landlords their contractual right to court, a lawyer representing landlords challenging the order told a federal judge on Wednesday.

  • June 24, 2020

    Judge Revives Photog's Suit Over Embedded Instagram Posts

    A Manhattan federal judge on Wednesday revived a copyright lawsuit against Mashable over its use of "embedded" Instagram posts, reversing her own previous ruling that Instagram's terms of service gave the news website the right to use a photographer's image.

  • June 24, 2020

    Ex-Fox Rothschild Atty Calls Sex Assault Suit 'Implausible'

    A former Fox Rothschild LLP attorney has urged a New Jersey federal judge to toss claims that he sexually assaulted a legal aide, saying she filed the claims too late and is attempting to mischaracterize a consensual relationship with an "implausible, fallacious and defamatory" suit.

  • June 24, 2020

    Pryor Cashman Atty Pleads Not Guilty To Torching Cop Car

    A suspended Pryor Cashman attorney pled not guilty Wednesday to a seven-count indictment for allegedly torching a vacant, vandalized NYPD car during protests against police brutality, as a chorus of participants spoke out on the conference call to express support.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 23, 2020

    Debt Relief Co. Will Pay $3.6M To Consumers, NY AG Says

    New York's attorney general announced on Tuesday that her office would pay out nearly $3.6 million to consumers allegedly defrauded by a financial services company after the firm paid that sum to the office nearly 10 years after it previously settled allegations that it ran afoul of state law.

  • June 23, 2020

    Pret A Manger 'Natural' Label Is False Advertising, Buyer Says

    The sandwich chain Pret A Manger slaps the label "natural" on many of its marketing efforts while selling products that contain genetically modified organisms and synthetic ingredients, a consumer said Tuesday in a New York federal court proposed false advertising class action.

  • June 23, 2020

    NBC, Rory McIlroy Hit With TM Suit Over 'Golfpass' Service

    NBCUniversal Media LLC, its Golf Channel and professional golfer Rory McIlroy stole the name and concept of their "Golfpass" subscription service from a golf club app developer, monopolizing the market for online tee time bookings, according to a trademark infringement suit filed Tuesday in Manhattan federal court.

  • June 23, 2020

    Courts In NYC To Begin Phase 2 Of Reopening Plan

    The New York State Unified Court System announced Tuesday that New York City courts will on Wednesday begin Phase Two of the state's reopening process, increasing the presence of nonjudicial staff in courthouses, though most cases will continue to be heard virtually.

  • June 23, 2020

    Mortgage Servicer Agrees To $17M Relief In NY Settlement

    Caliber Home Loans Inc. will offer loan forgiveness worth $17 million in response to the New York state government's findings that it unfairly pushed some struggling borrowers into interest-only loan modification plans without explaining the risks, New York's attorney general announced Tuesday.

  • June 23, 2020

    Walmart Accused Of Misrepresenting Toddler Formula

    Walmart Inc. has been slapped with a proposed class action in New York federal court accusing it of misrepresenting a line of powdered infant formula products and misleading parents across the country into making the wrong nutritional choices.

  • June 23, 2020

    Shareholder Suit Over GTx And Oncternal Merger Tossed

    A New York federal judge on Tuesday dismissed a proposed class action filed against merged biopharmaceutical companies GTx Inc. and Oncternal Therapeutics Inc. that alleged they misrepresented the details of their 2019 merger.

  • June 23, 2020

    Ex-Davis Polk Atty's Counsel Allowed To Exit Race Bias Suit

    A New York federal judge granted an attorney's request Tuesday to stop representing a former Davis Polk & Wardwell LLP associate who alleged the firm discriminated against him for being Black, finding that claims of unpaid legal fees and diverging views on strategy were enough to warrant a shakeup. 

  • June 23, 2020

    Chinese Fintech Co. Must Face Securities Suit, Investors Say

    A Chinese fintech company should have to face investors' claims it misrepresented its financials in advance of its 2019 initial public offering, the company's shareholders said Monday.

  • June 23, 2020

    Conn. Diversion Of Clean Energy Funds OK, 2nd Circ. Says

    The Second Circuit refused Tuesday to revive a case by Connecticut electric ratepayers that alleged state lawmakers unconstitutionally transferred funds from clean energy and efficiency programs to the state's general fund to fill a budget gap.

  • June 23, 2020

    Russian Telecom Didn't Aid DOJ Bribery Probe, Investors Say

    A proposed class of investors has shot back at a Russian telecommunications company's efforts to dodge accusations that it made $420 million in bribes to officials in Uzbekistan, telling a New York federal judge the company lied to investors about cooperating with a U.S. Department of Justice investigation.

  • June 23, 2020

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

    As a regional surge in COVID-19 prompted states like Florida to step up enforcement of restrictions, over the past week other regions continued to advance reopening plans amid signs the virus' spread is slowing.

  • June 23, 2020

    Asset Manager Says Nigeria Subpoenas Must Be Quashed

    A Manhattan asset manager urged a New York federal court on Monday to quash subpoenas allowing Nigeria to target it for information relating to alleged bribes former officials took from a British Virgin Islands engineering firm, saying "strong grounds" exist to vacate the order.

  • June 23, 2020

    2nd Circ. Mulls Bail In Attorneys' 'Unimaginable' Molotov Case

    A Second Circuit panel voiced bewilderment on Tuesday at the alleged behavior of two attorneys accused of torching a vacant, vandalized police car amid protests against police brutality, as it considered whether to overturn two judges' previous decisions to release them to home confinement.

  • June 23, 2020

    JPMorgan Looks To Ax Firm's $10M Suit Over Fund Transfer

    JPMorgan Chase has urged a New York federal court to toss a law firm's $10 million negligence suit, as the banking giant says it was simply complying with court orders when it froze the firm's accounts and dispersed money to satisfy a judgment in an underlying case.

  • June 23, 2020

    Real Estate Rumors: Bank Hapoalim, Aspen Dental, Delavaco

    Bank Hapoalim has reportedly loaned $19.6 million for a Brooklyn mixed-use project, Aspen Dental is said to be seeking a subtenant for its 51,000 square feet in Chicago and Delavaco Group CEO Catherine DeFrancesco has reportedly bought a Miami commercial building for $17 million.

  • June 23, 2020

    Purdue Gets OK For $6.5M Investment In Overdose Drug

    A New York bankruptcy judge gave Purdue Pharma permission Tuesday to invest $6.5 million in a company working on an over-the-counter opioid-overdose drug, saying that keeping the development effort going was an appropriate use of the opioid-maker's money.

Expert Analysis

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Preclusion In Trademark Cases After High Court Lucky Ruling

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    The U.S. Supreme Court's decision last week in Lucky v. Marcel — noting that principles counseling against preclusion take on particular force in the trademark context due to ever-changing market realities — may provide ammunition for losing parties in later actions, say Jennifer Lee Taylor and Eoin Connolly at MoFo.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Gov't Amicus Efforts Show Antitrust Policy Via Advocacy

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    Under President Donald Trump, the U.S. Department of Justice's Antitrust Division has filed an increasing number of amicus briefs in an effort to influence antitrust law, revealing enforcement priorities and policy positions even where they don't persuade courts, say attorneys at McDermott.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • Lessons From SEC's Bribery Claim Against Ex-Goldman Exec

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    The U.S. Securities and Exchange Commission's recent charge against a former Goldman Sachs U.K. executive over his role in a bribery scheme illustrates the importance of Foreign Corrupt Practices Act diligence that goes beyond representations of employees and others with an interest in a transaction, say John Murray and Shrutih Tewarie at Foley Hoag.

  • Litigating Lending Agreements During And After Pandemic

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    When faced with potential disputes over funding obligations in deals agreed to — but not closed — before the pandemic, parties should carefully review key lending agreement provisions, such as force majeure and conditions precedent, say Andrew Kratenstein and Chelsea Cosillos at McDermott.

  • NY Housing Ruling Raises Bar For Retroactive Economic Regs

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    By striking down a portion of the Housing Stability and Tenant Protection Act as unconstitutional with its recent decision in Regina Metropolitan v. New York State Division of Housing & Community Renewal, the New York Court of Appeals is imposing a rigorous requirement upon the Legislature to justify any retroactive effect for future economic legislation, say attorneys at Kaplan Hecker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • What NY's Eviction Moratorium Means For Landlords, Tenants

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    In light of New York's recently extended moratorium on commercial and residential evictions, landlords should not send default notices that threaten eviction, though they are otherwise fair game and should not be ignored by tenants, says Jesse Schneider at Davis & Gilbert.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Coffee Chain Fraud Spotlights Governance Issues Amid Crisis

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    The recent Luckin Coffee accounting fraud underscores the need for robust series processes and controls to prevent and detect financial misconduct as corporate growth slides and employment falls, say professionals at K2 Intelligence.

  • #MeToo's Unexpected Implications For Shareholder Litigation

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    Attorneys at Debevoise discuss forms of shareholder litigation arising from the #MeToo movement, some early cases expressing skepticism of the claims, and recent actions that suggest renewed interest by plaintiffs and increased risk for companies.

  • Practical Strategies For Markman Hearings Amid COVID-19

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    New patent litigation difficulties introduced by the COVID-19 pandemic come with the opportunity to revisit options and strategies for Markman proceedings, particularly given that courts have expressed openness to new and innovative ways to keep cases moving forward, says Edward Tulin at Skadden.

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