New York

  • October 20, 2017

    $120M State AG Deal With GM Preludes More State Actions

    General Motors Co.'s $120 million settlement with attorneys general of 49 states and the District of Columbia ending allegations that the automaker hid a potentially fatal defect in its cars represents a trend that's likely to grow of state attorneys general banding together to pursue product liability claims against manufacturers.

  • October 20, 2017

    SunEdison Ch. 11 Plan Foes Seek Info On Rights Offering

    Two affiliated investors accusing SunEdison Inc. of using an exit financing agreement to buy creditor support for its Chapter 11 plan asked a New York bankruptcy court on Thursday to compel the renewable energy giant to hand over documentation related to the deal.

  • October 20, 2017

    2nd Circ. Freezes Order For Gov't To Produce DACA Docs

    A Second Circuit judge on Friday granted the Trump administration’s bid for an emergency pause to a New York federal judge’s order that it provide copies of documents relevant to its move last month to phase out the Deferred Action for Childhood Arrivals program.

  • October 20, 2017

    NFL Moves To Speed Up Elliott Suspension Case

    The NFL and players' union on Friday disagreed about whether to speed up an ultimate ruling on Dallas Cowboys running back Ezekiel Elliott's six-game domestic violence suspension after a judge temporarily halted it from taking effect days earlier.

  • October 20, 2017

    Investors Say Skechers Overstated Projected Sales Growth

    A Skechers investor hit the shoe company with a putative stock-drop class action in New York federal court Friday, alleging it overstated its projected sales growth despite knowing that a slowdown at a port would hurt its shipping abilities, ultimately causing shares to fall 31.5 percent.

  • October 20, 2017

    Trump Admin Fights Dem AGs' Bid To Restore ACA Subsidies

    The Trump administration on Friday urged a California federal judge not to quickly restore funding for Affordable Care Act subsidies that reduce copays and deductibles, arguing that a new lawsuit from Democratic attorneys general is procedurally improper.

  • October 20, 2017

    Deutsche Bank Trader Scores Hearing On DOJ Case Taint

    The government will have to prove that its indictment for one of two former Deutsche Bank traders in a Libor-rigging suit wasn't based on testimony compelled by U.K. authorities, according to a New York federal judge's finding that a lawyer may have tainted the case.

  • October 20, 2017

    Tech Expert Gets 16 Months In Bitcoin Bank Bribery Scheme

    A tech expert who was convicted in a scheme to co-opt a credit union to process illegal bitcoin-dollar exchanges was sentenced Friday to 16 months in prison by a New York federal judge, who granted him a “substantial variance” from the guidelines for his relatively small role and positive personal characteristics.

  • October 20, 2017

    Ex-Katten Atty Betrayed Client, Feds Say As Trial Starts

    Former Katten Muchin Rosenman LLP partner Evan Greebel's conspiracy trial began in Brooklyn federal court Friday with accusations he betrayed his pharmaceutical company client's trust through a greedy plot with Martin Shkreli, the company's then-CEO who was convicted of securities fraud in August.

  • October 20, 2017

    12 States Back Calif. Ban On Large-Capacity Magazines

    Twelve states and Washington, D.C., on Thursday urged the Ninth Circuit to back a California law that would prevent the ownership of large-capacity magazines, saying that they aren’t necessary for the type of self-defense covered by the Second Amendment.

  • October 20, 2017

    Weil Gotshal Reps First Data In $760M BluePay Deal

    Weil Gotshal & Manges LLP is advising payment processor First Data Corp. in its $760 million cash acquisition of technology-focused payment processor BluePay Holdings Inc. from its current owners, which include private equity firm TA Associates and Blue Pay’s management, the firms said Friday.

  • October 20, 2017

    Patriarch Partners Calls TransCare Doc Request Too Broad

    Private equity firm Patriarch Partners pushed back Thursday in New York bankruptcy court against a bid for document discovery and testimony by the Chapter 7 trustee for bankrupt medical transporter TransCare Corp., saying the request is overbroad and unnecessary.

  • October 20, 2017

    SEC Says Charity President Committed $9M Securities Fraud

    The U.S. Securities and Exchange Commission on Thursday sued the financial adviser to an education and health care foundation established by an elderly woman in Manhattan federal court, alleging he stole $9 million from the charity after becoming its president upon her death.

  • October 20, 2017

    To Lure Amazon HQ, Cities Dangle Tax Incentives

    Amazon closed its request for proposals to find a site for its second corporate headquarters Thursday, with various North American metropolitan areas, including New York City, Austin, Texas, and Philadelphia, vying for a deal that could be worth tens of billions of dollars over the next decade.

  • October 20, 2017

    Levitt & Boccio Works On $200M Related-Amerco NYC Deal

    The Related Cos. has finalized its $200 million purchase of several Manhattan properties from Amerco Real Estate Co. as the firm moves forward with plans for mixed-use development in the area, a matter that Levitt & Boccio LLP worked on, according to multiple documents filed in New York on Friday.

  • October 20, 2017

    Toymaker Says Intel Duped It Into Buying Dangerous Chips

    MGA Entertainment Inc. has filed suit in New York state court accusing Intel Corp. of encouraging the toymaker to develop a light-up electronic wristband with a chip it planned to discontinue, knowing the component overheats and could have burned MGA’s young clientele.

  • October 20, 2017

    Ex-SEC Atty Bolsters Nelson Mullins Securities Bench

    A former chief counsel in the U.S. Securities and Exchange Commission’s enforcement division who has spent about 30 years litigating and advising clients on securities matters has joined Nelson Mullins Riley & Scarborough LLP from Brown Rudnick LLP.

  • October 20, 2017

    Bosch Unit Wins NY Apt. Seizure In $2.7M Award Row

    Bosch home appliance arm BSH Hausgeräte GmbH has convinced a New York federal judge to order the seizure of a Turkish man’s Manhattan apartment, as the German company seeks to enforce a $2.7 million award against the man over a stock deal that went south.

  • October 20, 2017

    2nd Circ. Sends Momentive Ch. 11 Back For Interest Revisions

    The Second Circuit reversed one aspect of the confirmed Chapter 11 plan of silicone maker Momentive Performance Materials Inc. on Friday, saying a New York bankruptcy court wrongly calculated the interest due on notes held by senior secured creditors and telling it to try again.

  • October 20, 2017

    Banks Want Newest Round Of SIBOR-Rigging Suit Dismissed

    Dozens of banks that have been accused of manipulating the Singapore Interbank Offered Rate and another key rate have asked a New York federal judge to toss the newest version of the lawsuit against them, saying the proposed class representatives don’t even exist anymore.

Expert Analysis

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • The Current Fight Against Contraband Art And Antiquities

    Stephen Juris

    Federal and state authorities’ increased focus on the art and antiquities markets — seen this summer with Hobby Lobby’s much-publicized forfeiture of a large collection of ancient Mesopotamian tablets and cylinder seals — presents significant challenges for both legitimate and less scrupulous dealers and collectors, say Stephen Juris and Brian Remondino of Fried Frank Harris Shriver & Jacobson LLP.

  • Fair Use With Dr. Seuss

    Tal Dickstein

    Because of their unique style and wide appeal, elements of Dr. Seuss’ books have been borrowed by other authors who claim their works are protected parody. A review of these cases, including a decision last month in the Southern District of New York, provides helpful guidance on how the fair use defense applies to parodies, says Tal Dickstein of Loeb & Loeb LLP.

  • FERC Order Signals States Can't Delay Pipeline Rulings

    James Bowe Jr.

    Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.