New York

  • November 22, 2017

    Bankrupt NY Contractor Seeks OK For $135M DIP Loan

    A New York construction contractor that filed for bankruptcy earlier this month asked a judge on Wednesday to approve a $135 million debtor-in-possession financing the debtor says is critical to keep up work on open projects while it sorts out its finances in court.

  • November 22, 2017

    Bumpy Ride Ahead For Uber After Data Breach

    Heavy legal traffic lies ahead for Uber as the ride-sharing giant reckons with fallout from a massive hack that exposed personal data of 57 million users worldwide. The $70 billion company is at risk for enforcement actions in the U.S and around the globe for waiting over a year to disclose an October 2016 breach that the company paid hackers $100,000 to keep quiet.

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    Arent Fox Still Can't Get Access To Docs In Malpractice Suit

    A New York federal judge said Tuesday he sees no problem with a magistrate judge’s recommendation denying Arent Fox LLP access to communications between a former client suing the firm for malpractice and that client’s other attorneys.

  • November 22, 2017

    Shkreli Deal Legit, Investor Says Ex-Katten Atty Told Him

    A former commodities trader and investor in one of Martin Shkreli's hedge funds and pharmaceutical company Retrophin Inc. told jurors Wednesday of how former Katten Muchin attorney Evan Greebel assured him that an allegedly sham deal to pay him off for his investment was aboveboard.

  • November 22, 2017

    CWA Pushed Verizon To Transfer Nonstriker: NLRB Judge

    A National Labor Relations Board judge has ruled that a New York chapter of the Communications Workers of America flouted federal labor law when it tried to force Verizon to transfer a worker who refused to participate in a strike.

  • November 22, 2017

    3 Highlights From The FIFA Corruption Trial So Far

    More than two years after U.S. authorities rocked the world of international soccer by unveiling a global corruption investigation into it, the first trial stemming from the investigation kicked off in a federal court in Brooklyn this month, providing a clearer picture of the alleged corruption, while bringing witness intimidation allegations akin to a mob trial. Here, Law360 looks at three highlights from the first two weeks of the trial.

  • November 22, 2017

    2nd Circ. Won't Revive Ad Suit Against Slingbox Maker

    A Second Circuit panel on Wednesday affirmed a lower court’s dismissal of a proposed class action accusing Sling Media Inc. of adding unwanted advertisements to its Slingbox mobile streaming service, concluding that the consumers did not plausibly allege a deceptive act or practice on Sling’s part.

  • November 22, 2017

    Perkins Coie Hires ‘Wolf Of Wall Street’ Lead Prosecutor

    Perkins Coie LLP has added New York Gov. Andrew Cuomo’s former special counsel for public integrity — who prosecuted securities frauds depicted in the film “The Wolf of Wall Street” — as a partner at the firm’s white collar and investigations practice, according to a statement.

  • November 22, 2017

    Cities And States Brace For Loss Of SALT Deductions

    As the work of reforming the federal tax code took a temporary timeout for Thanksgiving, opponents of legislation that would fully or partly eliminate deductions for state and local taxes didn’t let up in their fight, despite increasingly long odds they would succeed in changing lawmakers' minds when they return from their break.

  • November 22, 2017

    FCC Not Cooperating In 'Fake' Comments Probe, NY AG Says

    New York Attorney General Eric Schneiderman blasted the Federal Communications Commission in a letter Tuesday, saying the agency has refused to cooperate in an investigation into allegedly false comments on its upcoming net neutrality order.

  • November 22, 2017

    Restaurant Groups Sue To Stop NYC Fast-Food Deduction Law

    The National Restaurant Association and its legal affiliate on Tuesday sued New York City to invalidate a statute that would require fast-food businesses to forward voluntary deductions from workers’ paychecks to nonprofits like the “Fight for $15” campaign, saying it tramples on the First Amendment’s protections against compelled speech.

  • November 22, 2017

    ChinaCast Reaches Deal To Advance Ch. 11 Plan Confirmation

    ChinaCast Education Corp. and a private equity firm sitting on a $66 million judgment against the defunct company asked a New York bankruptcy court Tuesday for a second chance at approval of a settlement, which would see them team up to pursue $30 million worth of the debtor’s insurance policies.

  • November 22, 2017

    American Securities Sells SeaStar Solutions In $875M Deal

    Dometic Group has agreed to pay $875 million to buy SeaStar Solutions from American Securities LLC, the companies said Wednesday, adding to the Swedish recreational vehicle company's portfolio a provider of vessel control, fuel systems and system integration to the marine industry.

  • November 21, 2017

    Palm Families Make Final Bid For $71M In Licensing Fees

    Family members behind the famous Palm steakhouse in Manhattan said Tuesday in closing trial arguments that they were cheated out of $71 million in intellectual property licensing value by the cousins who built a single trendy outpost into an empire, and certain family members essentially relied on a lack of scrutiny to stick to an extremely low status-quo licensing fee.

  • November 21, 2017

    Ex-Swiss Banker Acquitted Of Helping US Tax Evaders

    A New York federal jury on Tuesday acquitted a former Swiss banker of what prosecutors alleged was a criminal conspiracy to help U.S. taxpayers hide millions of dollars in undeclared income in offshore bank accounts to dodge taxes.

  • November 21, 2017

    SEC Sues Long Island Town, Ex-Official For Securities Fraud

    The U.S. Securities and Exchange Commission on Tuesday hit the Long Island town of Oyster Bay and its former top elected official with a securities fraud suit alleging that they concealed from investors the town’s indirect guarantees of more than $20 million in private loans to a local businessman who ran concessions and restaurants at town facilities.

  • November 21, 2017

    DOJ Accuses Doc Of Faking Prescriptions To Get Opioids

    A pain management doctor in Amherst, New York, was arrested on Tuesday and charged with fraudulently obtaining opioids by writing and receiving prescriptions for at least two patients already deceased at the time he prescribed the drugs, according to documents released by the U.S. attorney’s office.

  • November 21, 2017

    Ex-Ecuador Soccer Boss' Son Says He Helped Launder Bribes

    The son of the former leader of Ecuador's national soccer organization told jurors at the FIFA corruption trial on Tuesday about laundering his father's kickbacks from a sports marketing company, and choked up empathizing with other ex-soccer officials who are on trial.

  • November 21, 2017

    9th Circ. Blocks 6 States From Hawaii Travel Ban Suit

    The Ninth Circuit on Monday blocked Massachusetts, California, New York and three other states from intervening in Hawaii’s challenge to the Trump administration’s third travel ban, telling the states to make their case in amici briefs instead.

Expert Analysis

  • How Blockchain Could Change The Energy Industry: Part 2

    Caroline Stewart

    Incorporating blockchain technology into the energy marketplace poses considerable challenges. Blockchain developers must proceed in the face of regulatory uncertainty, while regulators must address reliability, stability and security concerns. But in the end, it is likely that the opportunities will outweigh the obstacles, says Caroline Stewart of Vinson & Elkins LLP.

  • How Shell Companies Launder Money In Luxury Real Estate

    Neil Axler

    The past decade has seen dramatic increases in the purchase prices of luxury residential real estate in New York and Florida as well as in the proportion of properties purchased through shell companies. Law enforcement officials are concerned that foreign criminals may be using the U.S. real estate market to launder dirty money, say attorneys with Stout Risius Ross LLC.

  • SDNY Case Raises Provocative Questions On US Jurisdiction

    Louis Rothberg

    U.S. v. Reza Zarrab, set to start trial this month in the Southern District of New York, is likely to affect the manner in which entities and individuals decide to comply with the Office of Foreign Assets Control's secondary sanctions and represents a critical interpretive question regarding the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.

  • How Blockchain Could Change The Energy Industry: Part 1

    Caroline Stewart

    Blockchain technology has expanded far beyond cryptocurrencies and into the energy sphere, enabling peer-to-peer payment and potentially catalyzing distributed energy resources. But full integration of blockchain will require confronting a complex energy regulatory landscape, as well as reliability, security and stability concerns, says Caroline Stewart of Vinson & Elkins LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • The Battle Over 3rd-Party Releases Continues

    Matthew Kelsey

    Bankruptcy courts have taken divergent approaches to analyzing whether they have jurisdiction to approve nonconsensual third-party nondebtor releases. While the New York bankruptcy court's recent decision in SunEdison provides another data point for the debate, it leaves some questions unanswered, say attorneys with Gibson Dunn & Crutcher LLP.