New York

  • September 21, 2017

    NTSB Finds Severe Sleep Apnea In NJ, NY Train Crash Probes

    The engineers behind the New Jersey Transit and Long Island Rail Road train crashes over the past year that caused hundreds of injuries combined and left an attorney dead in one accident were later diagnosed with severe sleep apnea, according to reports made available Thursday by the National Transportation Safety Board.

  • September 21, 2017

    Chadbourne & Parke, Female Partners Fight Over Discovery

    Chadbourne & Parke LLP and the female attorneys accusing the firm of gender discrimination clashed in New York federal court Wednesday over whether Chadbourne should turn over more documents about partner complaints, compensation and the firm's management.

  • September 21, 2017

    Real Estate Rumors: James Dyson, Silverman, Spaces

    James Dyson of the Dyson appliance firm is reportedly paying between $73 million and $83 million for a Park Avenue penthouse in Manhattan, Silverman Group is said to have picked up two Florida industrial buildings for $30.7 million, and co-working firm Spaces is reportedly leasing 40,000 square feet in Chicago.

  • September 21, 2017

    Amazon Takes $20M Tax Carrot To Expand In NYC Inc. is expanding its New York City presence with a 359,000-square-foot office, thanks to $20 million in performance-based tax credits coming the online retail giant's way under a jobs and investment program, the state governor said Thursday.

  • September 21, 2017

    Steptoe & Johnson Partner Tapped To Head CFTC Division

    The U.S. Commodity Futures Trading Commission said Wednesday that a Steptoe & Johnson LLP partner has been appointed to serve as director of the agency's Division of Swap Dealer and Intermediary Oversight.

  • September 21, 2017

    Ex-Broker Skips Court After Telling SEC 'Just Die. Please'

    A Manhattan judge was set on Thursday to order a default judgment against a former broker for subjecting unsophisticated clients to risky trades and spending client money on bar tabs, after the New York man sent a “rude and inappropriate” email to the U.S. Securities and Exchange Commission and skipped court.

  • September 21, 2017

    Lehman Faulty-Mortgage Suit Must Wait, FDIC Says

    The Federal Deposit Insurance Corp. asked a New York bankruptcy court Thursday to hit the snooze button on a suit filed by Lehman Brothers against Guaranty Bank over the sale of shoddy mortgages, saying Lehman must go through an administrative claims process first.

  • September 21, 2017

    Preet Bharara Joins CNN, Dishes On Firing In New Podcast

    Former Manhattan U.S. Attorney Preet Bharara is joining CNN as a contributor, the cable news network said Thursday, one day after the former prosecutor for the first time described in detail his March firing by President Donald Trump.

  • September 21, 2017

    1,300 Bloomberg NY Reps Get Cert. In Unpaid OT Suit

    A New York federal judge on Thursday certified a class of more than 1,300 Bloomberg LP New York-based customer support representatives in a lawsuit accusing the media company of violating state and federal overtime laws, finding that the group has shown that they were all injured by the same action.

  • September 21, 2017

    2nd Circ. Backs Travelers' $1.2M Stolen Booze Loss

    The Second Circuit on Thursday backed a lower court that put Travelers on the hook for a $1.2 million booze theft, saying there was no question who had custody of the bottles or any reasonable dispute over how much they were worth.

  • September 21, 2017

    Dental Supply Co. Escapes Price-Fixing Claims In NY

    Burkhart Dental Supply Co. on Wednesday avoided a suit brought by a proposed class of dentists alleging it and three other dental supply companies engaged in a price-fixing conspiracy, with a New York federal judge saying the company lacked enough of a connection to the state to be sued there.

  • September 21, 2017

    MF Global Asks To Appeal Arbitration Order In Insurer Row

    MF Global asked Wednesday for permission to appeal a New York bankruptcy court's order requiring the defunct brokerage to arbitrate in Bermuda a coverage dispute with its excess insurer, Allied World, saying the decision involves a controlling issue of law and conflicts with two appellate court rulings.

  • September 21, 2017

    Ex-CEO Dodges Paying Full Fees Billed By Paul Weiss, Cooley

    The Second Circuit on Thursday ordered the $6.2 million restitution that Duane Reade Inc.’s former CEO must pay in connection with his 2010 fraud conviction to be pared down, saying he doesn’t have to pay for legal fees billed by Duane Reade counsel Paul Weiss Rifkind Wharton & Garrison LLP and Cooley LLP for monitoring the criminal trial.

  • September 21, 2017

    Swedish Telecom Telia To Pay $1B In FCPA Settlement

    Swedish telecommunications giant Telia Co. AB on Thursday pled guilty in a New York federal court on behalf of a subsidiary to paying massive bribes to government officials in Uzbekistan to enter the market there as part of a worldwide deal that will cost Telia nearly $1 billion.

  • September 21, 2017

    States, Province Want High Court To Nix Water Transfer Rule

    A coalition of seven states and a Canadian province have asked the U.S. Supreme Court to overturn a Second Circuit ruling that upheld a U.S. Environmental Protection Act rule exempting some water transfers from Clean Water Act review, saying that decision found ambiguity in the law when it wasn’t there.

  • September 21, 2017

    CFTC Accuses Brooklyn Programmer Of $600K Bitcoin Scam

    The U.S. Commodity Futures Trading Commission sued a Brooklyn computer programmer on Thursday in Manhattan federal court for allegedly stealing $600,000 in bitcoin from dozens of investors in his company and claiming that he had been hacked in an effort to cover it up.

  • September 21, 2017

    Truffle Tiff Targeting Trader Joe's Oil Expands To 3 Suppliers

    Shoppers who say that Trader Joe's charged them premium prices for imported truffle-flavored olive oil that contains no "black truffle whatsoever" added a California importer and two Spanish food companies Wednesday to a Manhattan class action targeting the grocery giant.

  • September 21, 2017

    Feds Fight Shkreli Bid To Release $5M In Bail Funds

    Brooklyn federal prosecutors pushed back Wednesday against a request by Martin Shkreli to get his hands on his $5 million bail following the controversial former pharmaceutical executive’s remand to custody, saying the funds should be held to satisfy potential financial penalties he faces at sentencing.

  • September 20, 2017

    Patent For Cholesterol Drug Livalo Is Valid, Judge Rules

    Japanese drugmaker Kowa Co. Ltd. won a patent infringement trial against Amneal and Apotex on Wednesday when a New York federal judge delivered the verdict that Kowa’s patent for the statin Livalo was valid and that the defendants were not able to show it was anticipated or obvious.

  • September 20, 2017

    Eaton Beats Investor Suit Over Tax Statement That Hurt Stock

    A New York federal judge dismissed a proposed shareholder class action against Eaton Corp. PLC on Wednesday, saying company officials didn’t defraud shareholders about their desire or ability to sell a major business unit in the wake of a controversial merger that moved its HQ to low-tax Ireland.

Expert Analysis

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Insider Trading After Martoma: Benefits Without Friends?

    Nathan Bull

    The Second Circuit's recent Martoma decision potentially expands the category of persons that, upon the disclosure of confidential information without pecuniary or tangible benefit, may constitute tippers or tippees subject to insider trading liability, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Courts Focus On Insurance Policy Language, Not Case Law

    Syed Ahmad

    A Pennsylvania appeals court's decision in Century v. OneBeacon this month found that OneBeacon owed reinsurance coverage to two insurers for asbestos claims. This decision is the latest in a line of rulings that examines each contract based on its unique terms and rejects reinsurers' prior case law arguments, say attorneys with Hunton & Williams LLP.

  • What Beer Marketers Should Know About State False Ad Laws

    Christian Foote

    Recently, several class actions have sprung up alleging consumers were deceived as to where beer they purchased was produced. These complaints are uniformly met with a motion to dismiss, and in the opinions there are branding insights that all marketers, not just beer makers, can use, says Christian Foote of Carr McClellan PC.