New York

  • November 18, 2017

    Alleged Threat Against Witness Holds Up FIFA Bribery Trial

    A Brooklyn federal judge overseeing the FIFA corruption trial held off on Friday on expected testimony from a government witness over allegations he was threatened on the stand by one of the defendants, who is accused of making a throat-slitting gesture after the defendant’s attorney said it may force him to move for a mistrial.

  • November 17, 2017

    Salsa Co. Continues Push Against ICC Arbitration Provider

    A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.

  • November 17, 2017

    Gun Atty's Counsel Hired Him For Pistol Permit, Judge Told

    Barry I. Slotnick, the lawyer tasked with defending New York City gun-license attorney John Chambers against charges of paying bribes to police for firearms permits, hired Chambers for help with his own pistol permit, a Friday letter says.

  • November 17, 2017

    Aussie Mining Services Co. Seeks US Bankruptcy Cover

    A subsidiary of Australia's BIS Industries Ltd. filed for Chapter 15 protection in New York bankruptcy court on Friday as part of a $750 million debt-to-equity swap that will see a handful of BIS' lenders take control of the mining services contractor.

  • November 17, 2017

    Trader Wants SEC Attys DQ’d Over Alleged Privilege Breach

    A trading firm that the U.S. Securities and Exchange Commission sued for allegedly giving foreign fraudsters access to U.S. markets asked a federal court in Manhattan on Thursday to throw the SEC’s trial team off the case, saying it seems to have had access to privileged attorney-client emails for two whole years.

  • November 17, 2017

    15 States Tell 4th Circ. Travel Ban 'Imperiling' Industries

    Fifteen states and the District of Columbia urged the Fourth Circuit to preserve a Maryland federal court’s block on President Donald Trump’s travel ban preventing nationals of several predominantly Muslim countries from entering the U.S., saying the restrictions hurt tourism and recruitment of international talent.

  • November 17, 2017

    Shiboleth Calls Latest Malpractice Suit Tardy

    The third time is not the charm for a malpractice and fraud suit brought against Shiboleth LLP by ex-client Luv n’ Care Ltd., the firm told a New York federal court Thursday, saying the latest claims were filed years too late.

  • November 17, 2017

    Mainstreet Inks $425M Deal For 42 Health Care Centers

    Mainstreet Health Investments said Friday that it will snap up fellow real estate investment company Care Investment Trust LLC and its 42 health care facilities from diversified holding company Tiptree Inc. for $425 million, amid a bid to rebrand itself as Invesque Inc.

  • November 17, 2017

    Simply Potatoes Have Unexpected Margarine, Consumers Say

    Post Holdings Inc. has misrepresented that its Simply Potatoes Mashed Potatoes are “made with real butter” when the products unexpectedly contain less-healthy margarine as well, according to a proposed class action filed Friday in New York federal court.

  • November 17, 2017

    'Long Siege' For Ex-Dewey Controller Ends With No Jail

    The former controller at Dewey & LeBoeuf LLP saw the end to what his attorney called a “long and arduous siege” on Friday when he was sentenced to 100 hours of community service after cooperating in the prosecution of his ex-colleagues for more than three years.

  • November 17, 2017

    Ex-Plastic Surgeon, Doc Arrested For Unlicensed Surgeries

    A plastic surgeon who lost his license a decade ago and a licensed physician have been arrested for allegedly performing more than 60 illegal plastic surgeries over the course of four years, the New York attorney general announced Thursday.

  • November 16, 2017

    FIFA Witness Estimates He Agreed To Pay $160M In Bribes

    A former sports media and marketing executive estimated Thursday during cross-examination in the FIFA corruption trial that he and his company had agreed to pay around 30 individuals approximately $160 million in bribes to control South American soccer marketing rights, the revelation of which provided a clearer picture of the scope of alleged corruption in international soccer. 

  • November 16, 2017

    Big Banks Face Wider Treasury Auction-Fixing Suit

    A lawsuit accusing 20 of the biggest Wall Street banks of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury was expanded late Wednesday night with the filing of an amended complaint that alleges two interrelated conspiracies.

  • November 16, 2017

    Gov't Asks 2nd Circ. To Toss Pfizer's $8.3M Interest Case

    The U.S. on Wednesday slammed Pfizer's appeal to the Second Circuit of a district court order dismissing its $8.3 million interest suit, saying the pharmaceutical giant brought its action in the wrong court and after the proper statute of limitations period had passed.

  • November 16, 2017

    Broker-Dealer Can't Shake Bulk Of 'Hamilton' Resale Suit

    A New York federal judge kept most of investors' $1.8 million suit over losses tied to an alleged $95 million Ponzi scheme based on “Hamilton” ticket resales, agreeing Thursday to cut claims about price manipulation but letting the bulk of the suit stay alive.

  • November 16, 2017

    Fake Atty Who Defrauded Inmates' Families Gets Prison

    A convicted felon who copped to running a fake law firm while pretending to be a licensed attorney and defrauding inmates and their families was sentenced Thursday to one-and-a-half to three years in state prison and has been ordered to pay almost $270,000 in restitution and penalties, according to a statement from New York Attorney General Eric Schneiderman’s office.

  • November 16, 2017

    Real Estate Rumors: Firstbank, FPA Multifamily, Rosenstein

    Firstbank Florida has reportedly loaned $15.75 million for a Florida mixed-use project, an FPA Multifamily venture is said to have paid nearly $40 million for a Chicago-area apartment complex, and hedge fund manager Barry Rosenstein is reportedly listing a New York Hamptons home for $70 million.

  • November 16, 2017

    DOL, First Bankers Strike $16M Deal Settling 3 ERISA Suits

    First Bankers Trust Services Inc. has agreed to pay nearly $16 million to resolve a set of lawsuits alleging it breached its fiduciary duties under the Employee Retirement Income Security Act in purportedly letting three employee stock ownership plans overpay for their own companies’ stock, the U.S. Department of Labor said Thursday.

  • November 16, 2017

    Shkreli Auditor Says Investor Settlements Seemed Legit

    An auditor who did work for Martin Shkreli-founded Retrophin Inc. on Thursday told jurors in the trial of the controversial pharmaceutical executive’s former Katten Muchin attorney that he didn’t believe there was anything wrong with a series of settlements with investors in Shkreli's MSMB hedge funds that prosecutors say were fraudulent.

  • November 16, 2017

    ICC Provider Says Salsa Co.'s Suit Belongs In Federal Court

    The International Chamber of Commerce’s North American arbitration provider said Wednesday it plans to urge a New York federal judge to keep a dispute over whether the provider must halt arbitration between an investor and a salsa company after a Mexican court ordered it stopped.

Expert Analysis

  • 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.

  • What A Solar Eclipse Has To Do With Market Efficiency

    Daniel Bettencourt

    A common criticism of the event study methodology for testing market efficiency is that the number of events is insufficient and that the results cannot be generalized for the entire class period. That's where Albert Einstein and the 1919 total solar eclipse come in, say Daniel Bettencourt and Steven Feinstein of Crowninshield Financial Research.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • A New, Relaxed Standard For Class Cert. In Securities Cases

    Brian Headshot.jpg

    After the Second Circuit’s decision last week in Waggoner v. Barclays, it should be easier for securities fraud plaintiffs to win class certification when their cases involve securities that are not listed on national exchanges, says Brian Lehman of The Lehman Law Group.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • A Look At NYC Bar Association's Task Force On Puerto Rico

    Roger Juan Maldonado

    Last year, the New York City Bar Association created its Task Force on Puerto Rico to monitor and comment on the actions of stakeholders involved in the implementation of the Puerto Rico Oversight Management and Economic Stability Act. The task force's focus has naturally shifted in the aftermath of Hurricane Maria's catastrophic impact, say Roger Juan Maldonado and Neysa Alsina of the New York City Bar Association.