New York

  • June 30, 2017

    Feds Say Brit Raised $37M For Fake Bitcoin, Office Cos.

    A British man who allegedly raised $37 million from investors for a bitcoin trading company and a coworking startup that turned out to be fakes was hit with criminal fraud charges and an asset freeze in New York federal court on Friday.

  • June 27, 2017

    Costco Overcharged NY Taxes On Discounted Items, Suit Says

    A Costco Wholesale Corp. shopper hit the retailer with a putative class action in New York federal court on Monday, claiming it owes tens of millions of dollars for violating Empire State tax laws when it charged consumers sales tax for discounted items based on their full price.

  • June 26, 2017

    Dunkin’ Donuts Selling Patties, Not Steak, Suit Says

    Dunkin’ Donuts is misleading consumers by advertising steak sandwiches that do not contain steak and serving inferior beef patties instead, a proposed class action filed in New York federal court alleged Sunday.

  • June 21, 2017

    Textbook Publishers Bring Infringement Suit Over Counterfeits

    A group of publishers hit educational products provider Follett Corp. and related companies with a copyright and trademark infringement suit in New York federal court Wednesday, alleging that they don't do enough to weed out counterfeit books, leading to them regularly buying and selling fakes.

  • June 21, 2017

    Marblegate Picks New Fight With EDMC After 2nd Circ. Loss

    Marblegate Asset Management LLC, a lender to Education Management Corp. whose challenge to the troubled for-profit education firm’s restructuring plan was thwarted by the Second Circuit, has filed a new suit to make the borrower pay its debts under an alternate legal theory.

  • June 20, 2017

    Reed Smith Says It Was Blocked From Attys' Fees In SAC Deal

    Reed Smith LLP filed suit against Wohl & Fruchter LLP in New York state court Monday over a $135 million settlement between Elan Corp. shareholders and SAC Capital Advisors LP, saying the firm blocked Reed Smith from participating in the case in order to keep the attorneys' fees for itself.

  • June 19, 2017

    3 Accused Of Selling Fake Damien Hirst Works

    Manhattan prosecutors on Monday announced the indictment of three art dealers who sold around $400,000 worth of counterfeit Damien Hirst artworks, one of whom previously went to prison for the same scheme.

  • June 19, 2017

    Aeropostale Sues Purchasers Over $1.3M Vendor Deposit

    Clothing retailer Aeropostale on Friday told a New York bankruptcy court the companies it retained to sell off its inventory are violating their contract by failing to return a $1.3 million vendor deposit.

  • June 15, 2017

    NYC Eatery Says Its TM Doesn't Tread On Condiment Co.'s

    A New York City restaurant chain known for its “roadhouse” style atmosphere asked a federal judge Thursday to clear it of trademark infringment accusations by a condiment maker that sells a brand of barbecue sauce under the same name, saying there was no likelihood of confusion between the two.  

  • June 15, 2017

    DOD Hit With FOIA Suit For Docs Linked To Iranian Terrorism

    A law firm suing a U.S. Department of Defense agency claims that documents being withheld would link acts of terror against American soldiers in Iraq to a funding network that involves the Iranian government, terrorist organization Hezbollah and several European banks.

  • June 13, 2017

    Alitalia Files For Ch. 15, Hinting Disruption To US Operations

    Italian airline Alitalia on Monday asked a New York bankruptcy court to protect its U.S.-based assets and recognize the insolvency proceedings that began last month in its home country, saying it is facing imminent disruption of its U.S. operations.

  • June 12, 2017

    NYC Helicopter Tour Co. Owners In $3.5M Row

    The co-owner of a Manhattan helicopter tour company hit her partner with a lawsuit filed in New York state court on Friday on behalf of shareholders, accusing him of misappropriating millions of dollars of company funds, including making unauthorized investments in new companies, home remodeling expenses and purchasing designer shoes.

  • June 8, 2017

    'Phantom Pain' Device Maker Misled Investors, Suit Says

    A maker of devices that treat post-amputation "phantom pain" was hit with an investor suit Wednesday in New York federal court for allegedly making false and misleading statements to the investing public to cover up “egregious mismanagement” at the company.

  • June 8, 2017

    NY Hotel Cos. Exploit Immigrant Women, Suit Says

    A Manhattan staffing service and a collection of property management companies should be held liable for underpaying, overworking and coercing recently arrived immigrant women living in the country without legal permission employed as hotel concierge workers, according to a complaint filed on Wednesday in federal court.

  • June 6, 2017

    CEO Of Freight, Drink Cos. Fudged Financials, SEC Says

    The U.S. Securities and Exchange Commission hit a former CEO and a company he ran with a lawsuit in New York federal court on Tuesday alleging that he used a sham company as a dumping ground for unwanted liabilities from the motor freight and beverage businesses he was hired to turn around.

  • May 31, 2017

    Altegrity Ch. 11 Manager Sues Ex-CEO Over Cyberattack

    Altegrity Inc.’s Chapter 11 plan administrator has filed suit in New York court against the bankrupt risk and information service firm’s former CEO, saying her neglect of cybersecurity led to Altegrity’s ruin.

  • May 30, 2017

    King & Spalding Hit With Suit Over Representation Of ZTE

    Form Holdings Corp. sued King & Spalding LLP and two of its partners in New York state court on Friday alleging their previous defense of Chinese telecommunications firm ZTE Corporation against breach of non-disclosure claims “reeked of deceit, obstruction and abuse.”

  • May 30, 2017

    BuzzFeed Hit With Defamation Suit Over Trump Dossier

    Three Russian bank owners named in a controversial dossier alleging the country has compromising information about President Donald Trump have slapped BuzzFeed Inc. with a defamation suit in New York state court, blasting the media organization for publishing the reports despite admitting that they contained unverified allegations.

  • May 26, 2017

    Radar Sues For FBI Docs In Billionaire Sex Trafficking Case

    National gossip website Radar says the FBI should give up its investigative records of a wealthy and well-connected financier who was previously accused of sex trafficking, in a lawsuit filed in New York federal court Thursday.

  • May 25, 2017

    21st Century Oncology To Restructure $1.1B Of Debt In Ch. 11

    Facing a bloated balance sheet and difficulties attributed to lower reimbursement rates and health care regulation penalties, global cancer treatment center operator 21st Century Oncology sought Chapter 11 protection on Thursday in New York bankruptcy court to implement a prearranged plan that would chop its $1.1 billion debt in half.

Expert Analysis

  • Ensuring Compliance With Sprinkler Laws In NYC

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    In New York City, Local Law 26/04 requires that owners of buildings above a certain size must install sprinklers on all floors by July 1, 2019. Landlords' counsel should be mindful of whether form leases are updated to address this requirement, and tenants' counsel should be savvy of where issues and costs arising out of the requirement may be lurking in a typical lease, says Daniel Suckerman of Lowenstein Sandler LLP.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • Health Republic’s Curious Liquidation: Part 12

    James Veach

    Health Republic's liquidator has stated that claimants will not be paid until Health Republic's disputed claims against and from the federal government are resolved. Policyholders and other creditors should not be told to wait through a claims adjudication process only to find that potentially barely any money may remain to pay even a small portion of approved claims, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • New York's Expert Discovery Rules Are Archaic

    Mark Shifton

    In nearly all jurisdictions, expert discovery is recognized as an important and necessary part of any civil case. In contrast, New York state courts do not permit expert discovery as most civil litigators know it, even in complex cases that primarily hinge on expert testimony, say Mark Shifton and Milena Shtelmakher of Seiger Gfeller Laurie LLP.

  • 2nd Circ. Libor Ruling Helps Subjects In Int'l Investigations

    Gregory O’Connell

    The Second Circuit's Allen decision Wednesday tilts the scales toward subjects and targets in multinational investigations. U.S. prosecutors could be forced to get involved in international investigations earlier than they might like, say Gregory O’Connell and Peter Sluka of De Feis O’Connell & Rose PC.

  • How Industry Is Responding To FERC On State Policies

    Stephen Hug

    In May, the Federal Energy Regulatory Commission held a conference focused on the interplay between state policy goals and the organized energy markets in the eastern U.S. The subsequent comments from more than 70 interested parties reflect a basic lack of consensus among industry participants on the best approach going forward, say attorneys with Bracewell LLP.

  • Why 2nd Circ. Review Of Sexual Orientation Claim Matters

    Raymond Wendell

    Considering the U.S. Supreme Court may soon determine whether Title VII prohibits sexual orientation discrimination, it's tempting to view the Second Circuit's recent decision to reconsider en banc Zarda v. Altitude Express as having little long-term consequence. But this question's history and the interests at stake caution against underestimating its importance, say Raymond Wendell and Katharine Fisher of Goldstein Borgen Dardarian & Ho.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?