New York

  • November 25, 2020

    2nd Circ. Revives Chinese Education Co. Investor Suit

    The Second Circuit revived a securities suit against China-based TAL Education Group on Wednesday after finding investors had sufficiently supported their claims that TAL secretly controlled two companies in which it had invested.

  • November 25, 2020

    NY Court Says Special Needs Patient's Injury Claims Barred

    In a case of first impression, a New York appellate court has ruled that a special needs teen allegedly injured by a hospital can't pursue certain claims, saying a state social services law protecting special needs patients doesn't allow for private lawsuits.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    200,000-Member ERISA Class Certified In TIAA Lending Beef

    A New York federal judge certified a nationwide class of nearly 8,000 retirement plans covering more than 200,000 participants in a lawsuit alleging the Teachers Insurance and Annuity Association unlawfully profited from its retirement loan program, appointing Berger Montague PC and Schneider Wallace Cottrell Konecky LLP class counsel.

  • November 25, 2020

    States, Immigrants Ask NY Judge To Order DACA Resumed

    More than a dozen states and a group of immigrants urged a New York federal judge on Tuesday to order the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals program, and to frequently update the court on its compliance with that order.

  • November 25, 2020

    Real Estate Rumors: LibreMax, Mattos Family, Morgan Stanley

    LibreMax Capital is reportedly hoping to sell a $78.6 million New York loan it made earlier this year, the Mattos family has reportedly paid $20.45 million for a Florida retail property and Morgan Stanley is said to have provided $180 million in CMBS financing for a New York office property.

  • November 25, 2020

    Danish Gov't Fires Back At Bid To Toss $2.1B Tax Fraud Suit

    Denmark's government urged a Manhattan federal judge not to toss its enhanced $2.1 billion tax refund fraud suit, arguing the claims are timely and that counterclaims should be rejected on the same grounds the court denied an initial dismissal bid.

  • November 25, 2020

    Guatemala Pays Teco $37M In Long-Running Power Tariff Suit

    Guatemala has paid $37.4 million to a subsidiary of U.S.-based Teco Energy Inc. to satisfy an arbitral award the country had challenged for seven years in a long-running dispute over electricity tariffs.

  • November 25, 2020

    Qatari Financial Arm Seeks $55M Over 'Flagrant' UAE Bank

    The Qatar Financial Centre Regulatory Authority has asked a New York state court to enforce a 200 million Qatari riyal ($55 million) judgment from its financial court against First Abu Dhabi Bank over its "flagrant and persistent flouting" of an investigation.

  • November 25, 2020

    Manhattan DA Takes Manafort Case To NY's Highest Court

    Manhattan District Attorney Cyrus Vance is moving forward with appealing the dismissal of state fraud charges against former Trump campaign chairman Paul Manafort to New York's highest court, after two lower courts agreed the indictment should be dismissed on double jeopardy grounds.

  • November 25, 2020

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

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Media, Energy-Focused SPACs Raise $561M In Market Debuts

    Two blank-check companies, one led by former Disney executives and the other backed by Apollo Global Management, started trading Wednesday after raising a combined $561 million in initial public offerings.

  • November 25, 2020

    Time's Run Out On Knock-Off Clocks, TM Suit Says

    An Australian company that markets a line of educational clocks called Owlconic says it has no time for knockoffs from a New York teacher supply business that are allegedly being sold on Amazon.

  • November 25, 2020

    2nd Circ. Affirms Tribal Land Win For Oneida Indian Nation

    The Second Circuit has affirmed a lower court's ruling in favor of the Oneida Indian Nation of central New York, agreeing that a member of the tribe unlawfully claimed 19.6 acres of land as a trust for himself and his family.

  • November 25, 2020

    Odebrecht Construction Co. Files For Ch. 15 Bankruptcy In NY

    Brazilian construction firm Odebrecht Engineering and Construction has asked a New York bankruptcy judge to extend U.S. bankruptcy protections to its construction division in a Chapter 15 petition and enforce the terms of its $4.1 billion restructuring plan.

  • November 25, 2020

    NYC Marshals Carry Out First Evictions Since Pandemic Onset

    New York City marshals have begun executing the very first legal residential evictions since the coronavirus pandemic shuttered courts across the state in March, city officials confirmed to Law360, with one Brooklyn family evicted this week.

  • November 25, 2020

    3 Firms Steer $2.2B Simon & Schuster Sale By ViacomCBS

    ViacomCBS Inc. has agreed to sell book publisher Simon & Schuster to Penguin Random House LLC for $2.175 billion, the companies said Wednesday, in a deal that is aimed at accelerating ViacomCBS' push into areas like streaming and was guided by Shearman & Sterling, Davis Polk and Arnold & Porter.

  • November 24, 2020

    NY Justices Say Insurer Can Escape Some Injury Award Costs

    New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

  • November 24, 2020

    Attys In 5Pointz Graffiti Destruction Case Net $2M In Fees

    A New York City real estate developer that destroyed a famed graffiti space known as 5Pointz has agreed to pay attorneys at Eisenberg & Baum LLP, who are representing the artists behind the space, more than $2 million in attorney fees, according to a joint stipulation filed Tuesday.

  • November 24, 2020

    2nd Circ. Reverses 1-800-Flowers Investor's $4.9M Win

    The Second Circuit has overturned a decision in a derivative securities suit ordering a hedge fund with a stake in 1-800-Flowers to cough up the $4.9 million it earned buying and selling company stock, finding that questions remain over who controls the shares in the flower delivery retailer.

  • November 24, 2020

    NY Appeals Court Skeptical In Lyft Minimum Wage Fight

    Lyft faced tough questioning from a New York state appeals panel on Tuesday in its bid to set aside a New York City regulation that created a minimum wage for app-based drivers, with one justice suggesting the city and Lyft merely had different goals for the regulation.

  • November 24, 2020

    NY Judge 'Surprised' By Fee Application In Libor Rigging Case

    A New York federal judge wasn't happy with the amount of hours or law firms on the attorney fee bill she received in the wake of a $187 million deal with JPMorgan and other major financial institutions over claims of interbank rate rigging, but on Tuesday she granted $45 million in fees anyway.

  • November 24, 2020

    Luckin Coffee, Banks Seek Nix Of Shareholder Securities Suit

    Chinese coffeehouse chain Luckin Coffee and its underwriters filed dual motions Monday asking a New York federal judge to dismiss shareholder class action claims that their negligence and misinformation caused the company's stock to plunge following news of hundreds of millions of dollars in fabricated sales.

  • November 24, 2020

    States, Cities Seek Demise Of Trump's Narrowed Water Rule

    A group of states on Monday asked a federal judge to scrap the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction, saying the government failed to study how excluding many previously protected waters would harm water quality and step on states' rights.

  • November 24, 2020

    Cop-Shoving Judge Faces 2nd Ethics Probe Over 2018 Case

    New York state's judicial ethics watchdog will review a Buffalo judge's decision to preside over and rule in favor of an attorney who owed him thousands of dollars, expanding an existing inquiry sparked by his role in a street brawl this summer.

Expert Analysis

  • Opinion

    NY Right To Investigate Trump Consulting Fees For Tax Fraud

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    New York authorities correctly put aside political considerations and took the appropriate first step in any tax fraud investigation by seeking bank and corporate records to investigate potential connections between Trump Organization write-offs and income mirrored by Ivanka Trump's consulting company, says Daren Firestone at Levy Firestone.

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Avoiding Copyright Liability For Tattoo Depiction In Media

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    Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

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