New York

  • June 26, 2017

    Divergence In Materiality Tests Narrower Than It May Seem

    Although the Second Circuit on Wednesday used strong language when it rejected a First Circuit test for assessing the materiality of certain financial information omitted from company registration statements, experts say the alternative laid out by the court sets an equally high bar for IPO investor suits.

  • June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    Elsevier Wins $15M Judgment Against Pirate Research Site

    Elsevier Inc., a major publisher of scientific information, has won a $15 million default judgment in its New York federal copyright suit against Sci-Hub, an online database that allows users to bypass Elsevier’s paywalls and access works for free.

  • June 23, 2017

    Ivanka Trump To Be Deposed In Italian Shoe Trade Dress Suit

    Ivanka Trump must sit for a deposition in a dispute with an Italian shoe company accusing her brand of copying its design for a high-heeled suede sandal, a New York federal judge said Friday.

  • June 23, 2017

    Gay Bias Is Sex Discrimination, EEOC Tells 2nd Circ.

    Responding to a request by the Second Circuit to weigh in on the case of a deceased skydiving instructor who claimed he was fired over his homosexuality, the U.S. Equal Employment Opportunity Commission said Friday that discrimination on the basis of sexual orientation is prohibited by Title VII.

  • June 23, 2017

    Stalking Horse Fight Heats Up In Joe's Crab Shack Ch. 11

    The bankrupt parent company of Joe's Crab Shack traded barbs Friday with hospitality giant Landry's Inc. over the debtors’ choice to stick with a $50 million stalking horse bid from another competitor instead of accepting a $55 million offer from Landry’s ahead of a proposed Chapter 11 auction.

  • June 23, 2017

    GM Deal Could Settle Hundreds Of Ignition Switch Claims

    General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.

  • June 23, 2017

    Real Estate Rumors: Extell, Equity Office, HUD

    Extell Development is close to reaching a deal for $900 million in construction financing for its Central Park luxury condo project, Blackstone unit Equity Office has reportedly leased 46,884 square feet at the Willis Tower to engineering firm ESD, and the U.S. Department of Housing and Urban Development is said to have loaned $72.6 million for a Baltimore multifamily project.

  • June 23, 2017

    Bankrupt Hospital Laundry Co.'s $125M Sale To KKR OK'd

    A New York bankruptcy judge on Friday approved the $125 million sale of Angelica Corp. to a KKR & Co. LP affiliate, saying he was satisfied the medical laundry and linen management company had fielded the best offer to continue as a going concern when it emerges from Chapter 11.

  • June 23, 2017

    NY Reaches $1M Settlement With Infosys Over Visas, Taxes

    The New York attorney general’s office has reached a $1 million settlement with India-based IT consulting company Infosys to resolve claims that the company ran afoul of U.S. visa requirements by failing to pay the prevailing wage to H-1B workers and to pay proper taxes to New York state.

  • June 23, 2017

    Bankrupt BCBG Seeks Go-Ahead For $131M Asset Sale

    BCBG Max Azria Group LLC asked a New York bankruptcy court Friday to approve a $131 million sale of intellectual property, stores and other assets, with a hearing for the clothing retailer's Chapter 11 plan slated for next month.

  • June 23, 2017

    Ex-BigLaw Atty Taps Proskauer For Post-Verdict Defense

    Robert Schulman, the former Hunton & Williams LLP patent lawyer convicted of insider trading on a Pfizer deal, has tapped a Proskauer Rose LLP appellate partner for his post-verdict defense, a Thursday filing said.  

  • June 23, 2017

    Terror Victims Say Arab Bank Is Liable For Funding Extremists

    Attorneys representing victims of Palestinian militant attacks seeking to pursue claims against a Jordanian bank for allowing funding to get through to the militants urged the U.S. Supreme Court on Tuesday to revive their case, saying the bank can be held liable because money flowed through its New York branch.

  • June 23, 2017

    Polsinelli Nabs Litigation, Arbitration Ace From Hogan Lovells

    Polsinelli PC hired a commercial litigator with nearly three decades of experience in domestic and international consumer class action and arbitration experience from the ranks of Hogan Lovells to join its New York office, the firm has announced.

  • June 23, 2017

    2nd Circ. Again Refuses To Let Ex-Atty Skate On Fraud Rap

    The Second Circuit on Friday rebuffed the latest long-shot bid from a disbarred attorney to void his 12-year-old fraud conviction for aiding an advance-fee scheme, and warned of sanctions if he persists with future appeals.

  • June 23, 2017

    Court Affirms Tossing Of Hospital Visitor's Suit Over Injury

    A woman claiming that a hospital was liable for her shoulder injuries after she broke the fall of a patient she was visiting did not have a good enough expert report to substantiate her claims, a New York state appeals court ruled Thursday.

  • June 23, 2017

    Industrial Manufacturer Blank Check Co. Raises $225M In IPO

    Hennessy Capital Acquisition Corp. III, a blank check company with plans to capitalize on a revival in U.S. manufacturing, has raised $225 million after pricing an initial public offering on Thursday under guidance from Ellenoff Grossman & Schole LLP.

  • June 23, 2017

    Bitcoin Case Defendant Says No Actual Loss To Victim Banks

    A tech expert who was convicted in a scheme to co-opt a credit union to process illegal bitcoin dollar exchanges told a New York federal judge on Friday that the government’s loss calculation for sentencing is “outrageously overblown” because none of the victim banks lost money or even risked losing money.

  • June 23, 2017

    DC Circ. Panel Backs NY In Suit Over Pipeline Permit Delay

    A D.C. Circuit panel on Friday nixed Millennium Pipeline Co.'s suit claiming New York environmental regulators were dragging their feet on issuing a water quality permit for a natural gas pipeline, saying the delay hasn’t cognizably harmed the company.

  • June 23, 2017

    German Drivers' Bid For Jones Day VW Docs Ruled Too Broad

    A New York federal judge on Friday rejected a bid by prospective plaintiffs to subpoena Jones Day for documents from the law firm's investigation of Volkswagen AG and its emissions scandal to use in their future suits in Germany against the embattled carmaker, saying their request was too broad.

Expert Analysis

  • Policyholders Must Assess Outside Counsel Guidelines

    John Scordo

    Insurers will often attempt to restrict the activities and fees of defense attorneys through the use of outside counsel guidelines. Such guidelines are not unilaterally binding and, if improperly applied, can raise the possibility of ethical violations if attorneys adhere to the restrictions in the guidelines against their better professional judgment, says John Scordo of K&L Gates.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 2 Diverging Standards On Disclosing Interim Financial Info

    Kevin LaCroix

    With the Second Circuit's opinion in Stadnick v. Vivint Solar, we now have a situation where two federal appellate courts have promulgated differing standards to determine when companies making initial public offerings must disclose interim financial information. The question is whether we have a “split between the circuits” of the kind that might attract the attention of the U.S. Supreme Court, says Kevin LaCroix of RT ProExec.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Why The Corrosion Exclusion Remains Strong: Part 2

    Philip Silverberg

    The Second Circuit's decision in Lantheus v. Zurich last year represents a strong rebuke of the narrow definition of "corrosion" advanced by some in the insurance industry. Also reinforced is the principle that anti-concurrent causation language means exactly what it says, say attorneys with Mound Cotton Wollan & Greengrass LLP in the final part of this article.

  • Why The Corrosion Exclusion Remains Strong: Part 1

    Philip Silverberg

    Policyholders and their counsel often see a coverage declination under a corrosion exclusion as an invitation to argue that some other cause was responsible for a loss even when corrosion plays a central role. However, many courts have rejected such attempts to read a corrosion exclusion out of its policy, say attorneys with Mound Cotton Wollan & Greengrass LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • What To Know About New NYC 'Fair Workweek' Laws

    Aaron Warshaw

    Under local legislation set to be become effective in November, retail and fast food establishments in New York City may soon face costly and confusing pay and scheduling requirements. However, several factors could impact ultimate implementation of the laws, say Aaron Warshaw and Nicole Welch of Ogletree Deakins Nash Smoak & Stewart PC.

  • How The FCA Is Weeding Out Medicare And Medicaid Fraud

    Sarah Coyne

    If Medicare and Medicaid managed care is a garden, then false claims are the weeds. Accordingly, the government is ratcheting up its enforcement efforts in the managed care arena (the garden) using the False Claims Act (the weed killer). One particularly illustrative example is the recent settlement agreement reached in Miller v. CareCore National, say Sarah Coyne and Jon Kammerzelt of Quarles & Brady LLP.