New York

  • November 21, 2019

    Trump Not Immune From Investigation, Vance Tells High Court

    President Donald Trump isn’t immune from an investigation into acts he committed while a private citizen, New York County District Attorney Cyrus Vance told the Supreme Court on Thursday, disputing Trump’s attempts to quash a subpoena for his tax returns.

  • November 21, 2019

    Doc Can't Sue Insurer Over Fraud Reports, Top NY Court Says

    New York’s highest court ruled Thursday that a doctor can’t sue Nationwide for reporting him to state authorities for insurance fraud, saying a state public health law cited by the doctor doesn’t allow for private lawsuits.

  • November 21, 2019

    Arbitration Cybersecurity Protocol Outlines Best Practices

    A new cybersecurity protocol for international arbitration unveiled Thursday aims at providing guidance to arbitrators, institutions and arbitration users on topics including baseline security measures, while making clear that it's the responsibility of all involved in an arbitration to address this increasingly important issue.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    Verizon Sues NY Town Over Rejected Telecom Facility Permit

    Verizon Wireless asked a New York federal court Thursday to overturn a Putnam County town's decision denying its request for permission to build two public utility wireless facilities, arguing that denials of the necessary zoning variances and wetlands permit are "unreasonable and unsupportable."

  • November 21, 2019

    DOJ Can't DQ Munger Tolles In Sprint, T-Mobile Merger Fight

    A New York federal judge on Thursday shot down a bid by the U.S. Department of Justice to intervene in several states' effort to block Sprint and T-Mobile's planned merger, saying that it was "inexcusable" that the attempt to disqualify the states' lead counsel at Munger Tolles & Olson was filed so late.

  • November 21, 2019

    Union Fund Gets Green Light To Expand Ocwen ERISA Suit

    A union pension fund’s trustees can add to their ERISA lawsuit accusing Ocwen Financial Corp. of profiting off the 2000s financial crisis by pushing homeowners into foreclosure, a New York federal judge ruled Thursday.

  • November 21, 2019

    2nd Circ. Says Teamsters Must Arbitrate Airline CBA Fight

    The question of whether the merger of Atlas Air Inc. and Southern Air Inc. means their Teamster-represented pilots must negotiate a joint contract with the combined company should be decided in arbitration, the Second Circuit ruled Thursday, rejecting the union's argument that the dispute belongs before a federal mediation board. 

  • November 21, 2019

    Pharma Co. Wins $16.7M At Trial Over Inflated Ad Costs

    A New York federal jury on Wednesday found that a Florida-based marketing company overcharged the U.S. arm of a large Mexican pharmaceutical and cosmetics company nearly $16.7 million when placing its ads on Spanish-language television across the country.

  • November 21, 2019

    USA Today Shunned Grieving Mom, Pregnancy Bias Suit Says

    USA Today told a sales executive she was too "negative" when she returned to work following her infant son's death and fired her when she became pregnant again a few months later, according to a suit filed in New York federal court Thursday.

  • November 21, 2019

    Ex-Investment Manager Pleads Guilty To FATCA Fraud

    A former investment manager with shuttered English brokerage firm Beaufort Securities has pled guilty in a New York federal court to defrauding the U.S. by violating the Foreign Account Tax Compliance Act, according to the U.S. Department of Justice.

  • November 21, 2019

    Ex-BigLaw Atty Guilty In Crypto Money Laundering Trial

    A Manhattan federal jury on Thursday found former Locke Lord LLP corporate partner Mark S. Scott guilty of helping "CryptoQueen" Ruja Ignatova, the fugitive head of the global OneCoin cryptocurrency scam, launder $400 million and lie to banks.

  • November 21, 2019

    FCA Applies To Fed Banks In Wells Fargo Suit, 2nd Circ. Says

    The Second Circuit revived a long-running whistleblower case against Wells Fargo on Thursday after ruling that the False Claims Act can apply to those who defraud the lending programs of Federal Reserve banks.

  • November 21, 2019

    NY Ride-Hailing Co. Secures $1M In Ch. 11 Financing

    Bankrupt ride-hailing service Juno USA LP received permission Thursday from a Delaware judge to access $1 million in post-petition financing as it pursues a wind-down of its American operations.

  • November 21, 2019

    Investcorp Makes $800M Play For 126 Industrial Properties

    Investcorp on Thursday unveiled an $800 million deal for a portfolio of 126 industrial properties that span five states, marking just the latest real estate investment for the firm. 

  • November 21, 2019

    Media-Focused PE Shop Taps Kirkland For $775M Fund Group

    Middle-market private equity shop ZMC, advised by Kirkland & Ellis, said Thursday it has completed fundraising for its third group of funds after picking up $775 from limited partners, with plans to target investments in tech-enabled media and communications companies.

  • November 20, 2019

    Restatement Looks To Resolve Divisive Int'l Arbitration Issues

    Highlights of the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration were unveiled on Wednesday during New York Arbitration Week, with presenters touching on a variety of thorny topics in the practice area, including manifest disregard of the law and a statute allowing parties to seek discovery for proceedings abroad.

  • November 20, 2019

    $12.4M NYC Bus Crash Award Slashed On Appeal

    A New York appellate court on Wednesday cut a $12.4 million jury verdict to $3.6 million in a suit accusing a New York City Transit Authority bus of negligently hitting a motorist and causing his spinal cord injuries, saying an award for pain and suffering was too high.

  • November 20, 2019

    Orioles Can Arbitrate TV Profits Dispute With Nationals

    Four New York Supreme Court justices unanimously ruled Tuesday that the Baltimore Orioles can ask the American Arbitration Association to resolve its dispute with the Washington Nationals over profits from their regional sports TV network.

  • November 20, 2019

    Skeptical Rakoff Says ICE Arrest Power 'Unusual'

    U.S. District Judge Jed Rakoff appeared skeptical Wednesday of the federal government's position that U.S. Immigration and Customs Enforcement officers have full, unreviewable discretion to arrest suspected unauthorized immigrants wherever officers see fit.

  • November 20, 2019

    Trump NY Trial Court Pick Reports $9M Net Worth

    President Donald Trump's nominee to a federal trial seat in New York would leave a nearly $4 million-a-year-job at Collier Halpern & Newberg LLP to join the bench, according to financial disclosures filed with the U.S. Senate.

  • November 20, 2019

    Real Estate Rumors: Blackstone, Federal Realty, Argentic

    Blackstone has reportedly leased out about 110,000 square feet in Illinois to Bosch, Federal Realty Investment Trust is said to have paid $85 million for a Brooklyn shopping center, and Argentic has reportedly loaned $30.5 million for properties in Brooklyn and Queens.

  • November 20, 2019

    NY Asserts Immunity To Tribal Fishing Rights Suit

    New York has told a federal judge that its sovereign immunity should defeat three Shinnecock Indian Nation members’ suit claiming the state and a county have illegally prosecuted them for fishing near the tribe’s Long Island reservation, while the tribe members argued that state officials aren't entitled to such protection.

  • November 20, 2019

    Robbins Geller, Funds Push To Keep Lead In ATM Investor Suit

    Pension funds represented by Robbins Geller Rudman & Dowd LLP and the Kendall Law Group PLLC fought back Tuesday in New York federal court against a motion to reassess their appointment as lead plaintiffs in a case alleging that ATM manufacturer Diebold Nixdorf Inc. misrepresented to shareholders the success of its acquisition of a German competitor.

  • November 20, 2019

    Ex-Fox Commentator Fights Atty's Bid To Nix Defamation Suit

    A former Fox News guest commentator who filed a $118 million defamation suit against a lawyer but whose own legal counsel missed a deadline to serve the initial complaint has urged a Texas federal court not to toss the case, as he would lose out on his claim.

Expert Analysis

  • NYC Ballot Measure Likely Signals Modest Land Use Changes

    Author Photo

    On Nov. 5, New York City approved a ballot measure establishing precertification notice for land use applications and granting more time to community boards to review them. The changes are not revolutionary, but the rules established by the City Planning Commission will determine their ultimate impact, say Ross Moskowitz and Eva Schneider at Stroock.

  • Will College Athletes Be Deemed Employees Soon?

    Author Photo

    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • Health Care Fraud Lessons For Lawyers Advising Doctors

    Author Photo

    The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

  • FAA Efforts Aim To Reduce Drone Jurisdictional Disputes

    Author Photo

    Local and state laws concerning drones are widespread, but so, too, are confusion and disagreement over the extent of federal jurisdiction in this area. The Federal Aviation Administration's forthcoming remote identification rules may help resolve some of these conflicts, says Mark Dombroff of Fox Rothschild.

  • The Force (Majeure) May Be With ND Oil And Gas Lessees

    Author Photo

    The North Dakota Supreme Court's recent ruling in Pennington v. Continental Resources, applying force majeure to both primary and secondary oil and gas lease terms, is good news for lessees, as courts in other states have disagreed on this issue in recent years, say attorneys at K&L Gates.

  • 4 Duty-To-Monitor Takeaways For Fiduciaries In ERISA Ruling

    Author Photo

    A Pennsylvania federal court's recent opinion in Scalia v. WPN provides guidance on the duty of Employee Retirement Income Security Act fiduciaries to monitor their service providers, an issue that has been largely unexplored in other cases and lacks regulatory guidance from the U.S. Department of Labor, say Charles Kelly and Michael Joyce at Saul Ewing.

  • How To Hire Lateral Partners More Effectively

    Author Photo

    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • High Court Hears DACA: Procedure, Practicalities, Predictions

    Author Photo

    At oral argument last week, the U.S. Supreme Court justices seemed likely to rule that the Trump administration had sufficient reasons to rescind the Deferred Action for Childhood Arrivals program, which would leave the lives of DACA recipients and their families in limbo, says Jaclyn Kelley-Widmer at Cornell Law School.

  • Justices Mull Interplay Of ERISA, Securities Laws In IBM Case

    Author Photo

    At recent U.S. Supreme Court arguments in IBM v. Jander, the justices grappled with the Employee Retirement Income Security Act’s difficult application and its intersection with federal securities laws in considering whether plan fiduciaries must disclose inside information about publicly traded companies, say attorneys at King & Spalding.

  • Using Multiple-Attorney Depositions After Finjan Ruling

    Author Photo

    The recent patent case, Finjan v. Cisco Systems, in which a California federal court prohibited two-attorney questioning in a deposition where the parties failed to agree to it in advance, indicates that it may be better to ask permission than forgiveness when employing this deposition strategy, say attorneys at Finnegan.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

    Author Photo

    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

    Author Photo

    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

    Author Photo

    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

    Author Photo

    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • How Food Label Class Actions Fare In Calif. Vs. NY

    Author Photo

    While food marketing class actions have declined in California and increased in New York over the past few years, an examination of Ninth and Second Circuit case law shows why New York appears to be a less favorable forum for food plaintiffs overall, say attorneys at FaegreBD.