New York

  • April 09, 2020

    Fairway Markets Says COVID-19 Crisis Justifies Exec Bonuses

    Fairway Markets has told a New York bankruptcy court that the difficulty of running a grocery chain in Chapter 11 and in the face of the COVID-19 pandemic justifies its proposal to pay $2.3 million in executive bonuses.

  • April 09, 2020

    Wegmans Hit With Cake Mix Label Class Action

    Supermarket chain Wegmans Food Markets Inc. was hit on Thursday with a proposed class action alleging that its brand vanilla cake mixes are misleadingly labeled and have less vanilla than the labels claim.

  • April 09, 2020

    Gas Co. Targets Depository Trust Co. In $2B Award Fight

    A Spanish natural gas company sought information Wednesday from The Depository Trust Company as it pursues litigation in England to enforce a more than $2 billion arbitral award against Egypt, stemming from a gas supply dispute.

  • April 09, 2020

    Legg Mason Investor Seeks To Block Vote On Franklin Merger

    Legg Mason Inc and its board of directors were hit Wednesday by an investor's lawsuit seeking to block a shareholder vote on the company's proposed acquisition by fellow asset management firm Franklin Resources Inc. subsidiary Alpha Sub Inc.

  • April 09, 2020

    NY Bills Seek Property Tax Relief Amid COVID-19 Pandemic

    New York lawmakers have introduced several bills that would provide tax relief amid the novel coronavirus pandemic, including measures to allow deferring or suspending property tax payments and extending some tax abatement deadlines.

  • April 09, 2020

    Wesco Aircraft Ditches Investor Suit Over $1.9B Merger

    Wesco Aircraft Holdings Inc. and several former executives escaped securities fraud claims over its 2019 merger with Platinum Equity Advisors LLC after a New York federal judge found that Wesco’s alleged misstatements were not actionable.

  • April 09, 2020

    2nd Circ. Asks NY High Court To Clarify Bias Coverage Rules

    The Second Circuit on Thursday asked New York's highest court to decide whether Philadelphia Indemnity Insurance Co. must cover a Brooklyn mental health center's costs to defeat a suit alleging it refused to serve a deaf woman.

  • April 09, 2020

    BofA, JPMorgan, RBS Agree To $25M Settlement In Libor Suit

    JPMorgan Chase, Bank of America and RBS have agreed to shell out a combined $25.5 million to settle bondholders' claims that they rigged the London Interbank Offered Rate, according to a bid for initial approval of the deal filed in New York federal court Wednesday.

  • April 09, 2020

    Ex-Fox Execs Deny New Charges In FIFA Bribery Case

    Two former 21st Century Fox executives on Thursday denied a host of new charges in the sprawling FIFA corruption probe that accuse them of leveraging their involvement in a scheme to bribe South American soccer officials to help the media giant secure broadcasting rights to the 2018 and 2022 World Cups.

  • April 09, 2020

    Real Estate Investment Co. Accused Of Misusing $3M

    A group of foreign investors and a domestic affiliate have accused real estate investment platform Prodigy Network LLC in New York federal court of violating their subscription agreements by engaging in shady business practices and misappropriating $3 million to pay for its CEO's personal expenses.

  • April 09, 2020

    Convicted Developer Wants Out Of COVID-19 ‘Death Sentence’

    Chinese real estate developer Ng Lap Seng has asked a federal judge to grant him compassionate release from prison, saying his age and health conditions put him at a high risk of death if he is infected with the novel coronavirus.

  • April 09, 2020

    'Apprentice' Outtakes Relevant In Fraud Suit Against Trump

    Unaired footage from two episodes of "The Celebrity Apprentice" is relevant to a proposed class action claiming Donald Trump scammed investors into buying worthless stakes in marketing company American Communications Network prior to becoming president, a federal judge ruled Thursday.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    Trump, Kids Can't Send Class's Fraud Claims To Arbitration

    A New York federal judge on Wednesday rejected a bid from President Donald Trump and three of his children to arbitrate a putative class action alleging that they conned thousands into investing in worthless business ventures using the Trump name.

  • April 08, 2020

    2nd Circ. Won't Ruffle Key Theory As Goldman Case Plows On

    The Second Circuit was split on whether to decertify a class of Goldman Sachs investors on Tuesday, but unanimous in declining to augment a key theory on which the class is asserting securities claims against the investment bank.

  • April 08, 2020

    Barstool Says Insults Thrown At Rapaport Not Defamatory

    The acrimonious feud between actor and comedian Michael Rapaport and often off-color sports and pop culture blog Barstool Sports continued Tuesday as Barstool told a New York federal court Rapaport does not deserve a quick win in a lawsuit stemming from fallout over a dropped deal for a podcast on Barstool's Sirius XM radio station.

  • April 08, 2020

    HUD Delays Immigrant Rent Aid Rule Amid FOIA Suit, Virus

    The U.S. Department of Housing and Urban Development told a Manhattan federal court on Wednesday it would delay implementing a new rule under fire by public defenders who say it will cut rental assistance for immigrant families with "devastating, permanent" impact.

  • April 08, 2020

    Rite Aid To Pay $4.8M To Settle DOJ Cold Medicine Claims

    Rite Aid Corp. agreed to pay a $4.75 million penalty to resolve claims that its employees violated federal drug law by incorrectly recording information about customers who bought cold medicines containing pseudoephedrine, which can be used to illegally manufacture methamphetamines, the U.S. Department of Justice announced Wednesday.

  • April 08, 2020

    Real Estate Rumors: RedSky, Knotel, Starwood

    RedSky Capital is reportedly hoping to sell 14 buildings in a Miami opportunity zone, Knotel is said to be seeking to give up roughly 20% of the space it leases, and Starwood Capital has reportedly landed $76.16 million in financing for a Miami Beach office and retail project.

  • April 08, 2020

    Separate Cells Ordered For 2 ICE Detainees Amid Virus

    U.S. Immigration and Customs Enforcement must give two vulnerable detainees at the Buffalo Federal Detention Facility in Batavia, New York, their own cells to protect them from the coronavirus, a New York federal judge ruled Wednesday.

  • April 08, 2020

    Bid Rigging Harmed Business Deal, $44M Suit Claims

    Sussman Sales Co. says it is owed $44 million after a business partner broke their contract when the partner was confronted about allegedly rigging bids for contracts within the New York City school system. 

  • April 08, 2020

    Pa. Officials Tell Airbnb, Expedia To Enforce Virus Rental Ban

    Owners of short-term rental units could face enforcement action if they continue to advertise properties for rent on sites run by Airbnb Inc. and Expedia Group in violation of a statewide order shutting down non-life sustaining businesses over the COVID-19 outbreak, officials in Pennsylvania warned on Tuesday.

  • April 08, 2020

    Clinton Calls Gabbard's Defamation Suit Politically Motivated

    Hillary Clinton said Tuesday that a “Russian asset” comment she made on a podcast was not clearly aimed at Rep. Tulsi Gabbard. and that even if it was, it was an opinion and can’t support Gabbard’s $50 million defamation suit, which the former presidential nominee said is an attempt to grab “political headlines.”

  • April 08, 2020

    Fall Out Boy Settles IP Suit Over Llama Puppets

    A year after a puppet studio accused Fall Out Boy of exploiting the image of a pair of llama puppets, with one fittingly named Royal Tea, the pop-punk band has settled the allegations.

  • April 08, 2020

    NY AG Seeks Additional Sackler Family Financial Info

    The New York attorney general on Tuesday asked a bankruptcy court to resume discovery into the finances of the Sackler family, who owns Purdue Pharma LP, saying that her office has already unearthed important information about money transfers the family has made.

Expert Analysis

  • What COVID-19 Means For Opportunity Zone Projects

    Excerpt from Lexis Practice Advisor
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    Opportunity zone project owners nervous about upcoming deadlines can expect some leniency from the U.S. Department of the Treasury in light of the current pandemic conditions; but raising capital will likely get harder, says Jessica Millett at Duval & Stachenfeld.

  • CARES Act May Propel Gig Economy Employment Law Shift

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    The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

  • Electric Utilities May Need Policy Help For COVID-19 Losses

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    The closure of businesses, schools and government agencies due to COVID-19 has made it difficult for electric power providers to recover their authorized revenue requirement, so proactive policy solutions may be needed to protect ongoing provision of electricity service, say attorneys at Holland & Knight.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Opinion

    In #MeToo Era, Victims Must Have Choice Over NDAs

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    States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Social Distance And Livestreams: Protecting Music Copyright

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    As social distancing forces musical performances to be streamed live online, artists and music publishers can continue to generate income by firmly enforcing their copyrights and ensuring compliance with licensing requirements, say Tal Dickstein and Nathalie Russell of Loeb & Loeb.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Potential Federal Vs. State Conflicts Due To COVID-19

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    When President Donald Trump decides it's time to kick-start the economy, governors will need to be prepared to answer some hard questions, like whether refusing to reopen nonessential businesses while managing the COVID-19 crisis in their states would be in violation of federal law, say David Blake and Kristina Arianina at Squire Patton.

  • Novolex Case Brings Lessons On R&W Insurance

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    A New York state court dispute between Novolex and a few of its insurers concerning coverage under a representations and warranties policy for a $267 million loss offers a rare glimpse into how a court might interpret acquisition agreements and insurance policy provisions, say attorneys at Hunton.

  • Filling Void Of Consumer Collections Limits Amid Pandemic

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    Attorneys at Cleary examine a series of state and federal proposals that may fill the current lack of restrictions on consumer debt collection during the global pandemic, as well as enforcement risks arising from COVID-19-related defaults.

  • Insurers Working Remotely Should Beware Bad Faith Setups

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    Because the current shift to remote work during the coronavirus pandemic may lead to an uptick in bad faith time-limited settlement demands, insurance carriers must remain diligent about reviewing and responding to mail promptly, says Michael Longo at Goldberg Segalla.

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • COVID-19 May Shape NY Business Interruption Insurance Law

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    If the New York State Legislature does not clarify whether business interruption insurance coverage extends to the current coronavirus pandemic — for example, by passing Assembly Bill A10226 introduced last month — then the battle will ultimately play out in the courts, says Massimo D'Angelo at Adam Leitman.

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