New York

  • February 21, 2020

    Purdue Picks Ex-USDA Head As Monitor In Bankruptcy

    Purdue Pharma LP announced on Friday that it has tapped former U.S. Secretary of Agriculture Tom Vilsack to monitor compliance with an injunction in the OxyContin maker's ongoing Chapter 11 bankruptcy proceedings.

  • February 21, 2020

    Cuomo To Share Some Driver Data With Immigration Agencies

    New York Gov. Andrew Cuomo said Friday he is willing to share the state’s Department of Motor Vehicles database with immigration agencies, but he said he wouldn't share Social Security numbers because doing so would make it as easy as “shooting for fish in the barrel” to arrest undocumented drivers.

  • February 21, 2020

    Bloomberg Frees 3 Workers From Confidentiality Pacts

    Democratic presidential hopeful Michael Bloomberg said Friday that his eponymous company will stop using nondisclosure agreements in settlements resolving sexual misconduct claims and that three women who accused him of making inappropriate remarks will be allowed to speak publicly if they wish.

  • February 21, 2020

    Real Estate Rumors: Amazon, CCRE, Brightwork

    Amazon reportedly could pay close to $1 billion for the Lord & Taylor building if it reaches a deal, CCRE and KeyBank are said to have loaned $324 million for a New York multifamily portfolio and Brightwork Real Estate has reportedly sold a Florida Wawa property for $7 million.

  • February 21, 2020

    NY Gov.'s Bill Aims To Jumpstart Green Energy Project Siting

    New York Gov. Andrew Cuomo on Friday unveiled sweeping legislation aimed at accelerating the siting and development of renewable energy projects in order to meet the Empire State's ambitious climate change and decarbonization goals.

  • February 21, 2020

    Ad Watchdog Asks FTC To Review Co.'s CBD Health Claims

    The National Advertising Division has recommended that the Federal Trade Commission review a CBD company's claims that its dietary supplement helps treat cancer, Alzheimer’s disease and a host of other medical conditions, saying the company has not substantiated a range of claims about its CBD oil.

  • February 21, 2020

    NY Drug Biz Says Insurer Can't 'Flee' Coverage Of Legal Fees

    A New York drug distributor told a Rochester federal court that Hiscox Insurance Co. shouldn't be allowed to "flee from its coverage obligations" in a case seeking to force the insurer to advance costs for an upcoming trial over the drug distributor's alleged role in the opioid epidemic.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    RMBS Investors Challenge US Bank's Early-Win Effort

    A set of investment vehicles that bought more than $665 million worth of notes in residential mortgage-backed securities trusts overseen by US Bank told a New York federal judge on Thursday not to be swayed by the bank’s recent attempt to dodge a breach of contract dispute.

  • February 21, 2020

    A-Rod Venture Drops $66M On Manhattan Apartment Building

    A venture of Alex Rodriguez’s investment firm A-Rod Corp., real estate agency Modlin Group and Stonehenge NYC’s Ofer Yardeni has purchased a New York Midtown East apartment building for more than $66.2 million, according to an announcement from the companies on Friday.

  • February 21, 2020

    USPTO's Ban On Cannabis TMs Defies High Court, Atty Says

    The U.S. Patent and Trademark Office cannot continue to ban trademarks for illegal drugs like marijuana in light of the U.S. Supreme Court's recent rulings on "immoral" trademarks, according to a founder of the New York State Bar Association's committee on cannabis law.

  • February 21, 2020

    'Pharma Bro' Martin Shkreli Drops Suit Against Trial Witness

    “Pharma bro” Martin Shkreli dropped his fraud case against a witness at his criminal trial who is also the son of a former investor, according to a filing in New York federal court Thursday.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    CBS Investors In #MeToo Suit Must Show Moonves Hurt Stock

    A Manhattan federal judge on Friday said a potential class of investors targeting CBS Corp. in relation to the #MeToo movement must prove former CEO Les Moonves made reassuring statements before revelations about his own alleged sexual misconduct tanked CBS shares.

  • February 21, 2020

    Weinstein Jury Appears Split On Top Sexual Assault Charge

    The jurors in Harvey Weinstein’s New York sexual assault trial strongly suggested Friday they were deadlocked on the top charge of predatory sexual assault but united on three other rape and sexual assault counts.

  • February 21, 2020

    Rachael Ray Dog Food Once Again Ducks False Ad Suit

    The makers of Rachael Ray Nutrish dog food have escaped claims they deceived buyers by labeling the food as "natural" despite it having traces of weed killer, as a New York federal judge found that the trace amounts of herbicide are far below the U.S. Food and Drug Administration's allowances.

  • February 21, 2020

    Fusion Connect Says Feds Can't Collect $2.1M Amid Ch. 11

    Defunct phone and internet provider Fusion Connect Inc. is asking a New York bankruptcy court to reject an attempt by federal prosecutors to collect on $2.1 million in unpaid civil penalties, saying the agency is using an overly broad reading of bankruptcy law.

  • February 21, 2020

    Hecla Investor Wants Docs On Not-So-Golden $462M Mine Buy

    A Hecla Mining Co. investor told the Delaware Chancery Court on Thursday she wants the company's records to determine if its officers mishandled Hecla's $462 million purchase of three gold mines in Nevada that were supposed to be lucrative but turned out to be duds.

  • February 21, 2020

    Anheuser-Busch Wants Out Of 'Reflexive' Shareholder Suit

    Anheuser-Busch InBev SA/NV and two of its executives are seeking to end a proposed securities class action alleging fraud over a proposal to lower dividend payments to shareholders, telling a New York federal judge that such lawsuits are predictable, but that this one failed to show the beer company actually misrepresented anything.

  • February 21, 2020

    Calif. Private AG Law: Coming To A State Near You?

    New York, Massachusetts and a handful of other states may soon follow California’s lead and empower workers to bring wage, discrimination and other employment lawsuits on the state’s behalf, blunting the arbitration agreements many businesses have adopted to ward off costly class actions.

  • February 20, 2020

    Ex-AIG Legal Worker Settles SEC's Insider Trading Claim

    A former AIG Inc. legal department employee and his father have settled U.S. Securities and Exchange Commission claims that they bought stock in Validus Holdings Ltd. based on the son's inside knowledge that AIG planned to buy the company, the agency said.

  • February 20, 2020

    Suspension Put On Ice For Atty Who Blasted Judges, Courts

    A New York appellate court vacated its one-year suspension of an attorney it found made "relentless insults and attacks" against federal judges and courts and who also disclosed sealed information about a defendant as part of an extortion plot because the underlying matter still has not been resolved.

  • February 20, 2020

    Del. Judge May Dictate Fix For Zohar-Tilton Ch. 11 Dispute

    A Delaware bankruptcy judge left open the possibility Thursday of a court-fashioned alternative to competing plans for meeting a bankrupt creditor group’s demand for sales of nondebtor companies controlled by business turnaround mogul Lynn Tilton’s Patriarch Partners LLC.

  • February 20, 2020

    Attys For INTL FCStone Units Nab $65K In Fees In Award Fight

    Subsidiaries of financial services company INTL FCStone Inc. were awarded more than $65,000 in attorney fees for securing confirmation of $5 million in arbitration awards against a fuel distributor, after a New York federal judge ruled Wednesday that the amount was reasonable.

  • February 20, 2020

    Apotex Suit Against Pfizer Unit Teed Up For State Court

    Apotex Corp. will get another chance to show that Hospira Inc. reneged on the pair’s exclusive drug supply agreement and instead formed a monopoly, as the New York federal judge who recently axed the bulk of Apotex’s allegations decided a state court should hear the remaining claims.

Expert Analysis

  • Perspectives

    Justice Denied For A NY Domestic Violence Survivor

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    New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Don’t Bet On Constitutionality Of Daily Fantasy Sports In NY

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    A New York state court's recent decision in White v. Cuomo that daily fantasy sports are unconstitutional means that while the services may continue to legally operate, they face an uncertain future until the state’s highest court weighs in or the Legislature amends the constitution, say attorneys at Faegre Drinker.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • Using IRS Supervisory Approval Rules To Fight Tax Penalties

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    A full understanding of the IRS' internal penalty approval rules can enable advisers to help taxpayers avoid penalties in many instances where the IRS has failed to meet its procedural obligations, say attorneys at McDermott.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • Peloton Suit Shows Sync Licensing Is Next Copyright Horizon

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    A New York federal court's recent decision that the publishers' refusal to license music did not violate antitrust law in Downtown Music Publishing v. Peloton demonstrates that innovators cannot rely on a blanket public performance license and that copyright law is in need of reform, says Sekou Campbell of Culhane Meadows.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Consumer Finance Poised For Greater Scrutiny From States

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    As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

  • 3 Rulings Show When Litigating Wage Claims Is Worth It

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    Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

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