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New York

  • February 19, 2019

    US Bank Can’t Save RMBS Suit, Keeps 2nd Chance In Another

    New York’s highest court handed down mixed rulings on Tuesday in a pair of residential mortgage-backed securities cases pitting U.S. Bank against a Credit Suisse-owned deal sponsor, saying that the bank can’t relate its way around a problem in one case but isn’t doomed by a key purported procedural misstep in the other.

  • February 19, 2019

    KPMG Bosses Squeezed Me From Day 1, Cooperator Says

    An accountant who left the Public Company Accounting Oversight Board for KPMG and agreed to testify against his former colleagues told a Manhattan jury on Tuesday that his supervisors at the Big Four auditing powerhouse began pressing him for regulatory secrets starting on his first day on the job.

  • February 19, 2019

    New NYC Discrimination Guidance Focuses On Hairstyles

    New York City’s Commission on Human Rights is putting employers on notice that banning or restricting hairstyles that are associated with black people is a form of racial discrimination. 

  • February 19, 2019

    Biotech Co. Says $3.6M Award Wrongly Calculated

    A biotechnology company urged a New York federal court not to enforce an arbitration award issued to a trading firm over an alleged breach of a financing agreement, arguing that the $3.6 million award was improperly calculated based on the value of stock warrants that are actually worthless.

  • February 19, 2019

    4 Suits Target Trump's Border Emergency Declaration

    The American Civil Liberties Union, environmental groups, Texas landowners and 16 states have already filed lawsuits challenging President Donald Trump’s declaration of a national emergency on the U.S.-Mexico border as an unconstitutional overreach of executive authority, and more have vowed to join their ranks. Here, Law360 examines the cases being made against the administration.

  • February 19, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A New Jersey utility’s $19.2 million settlement of a fatal gas explosion suit and medical malpractice litigation over the death of Jefferson Airplane singer Marty Balin lead Law360’s Tort Report this week, an occasional feature that compiles recent personal injury and medical malpractice news items that may have flown under the radar.

  • February 19, 2019

    High Court Denies Hearing For NFL Diabetes Bias Suit Again

    The Supreme Court on Tuesday once again declined to review a suit by a New York woman who says the National Football League discriminated against her son because he has diabetes.

  • February 19, 2019

    Ex-CEO Accused Of Bilking Western NY Health Referral Co.

    The former CEO of eHealth Global Technologies has been charged with fraud by federal prosecutors in Rochester, New York, who accuse him of using a recruiting outfit purportedly owned by his wife to bill his former company $455,000 and take a cut of the proceeds, according to a Tuesday release.

  • February 19, 2019

    Squire Patton Adds 2 Ex-Congressmen To Lobbying Wing

    Major lobbying firm Squire Patton Boggs LLP said Tuesday it had landed two former high-ranking House members for its Washington, D.C., office, joining a slew of K Street law firms staffing up in the wake of record turnover in Congress.

  • February 19, 2019

    Latino Workers, Enviros Sue EPA To Force Paint Stripper Ban

    The U.S. Environmental Protection Agency has failed to properly regulate a paint-stripping chemical, leaving users at risk of heart attack, asphyxiation and other health issues, a Latino workers group and environmentalists said in a lawsuit filed Tuesday.

  • February 19, 2019

    Real Estate Rumors: Pablo Peon, KD Sagamore, PineBridge

    Former race car driver Pablo Peon has reportedly sold a Florida Nissan dealership for $11 million, a KD Sagamore Capital venture is said to be seeking $95.97 million for a New York condo project, and asset management shop PineBridge Investments has reportedly leased 57,333 square feet in Manhattan.

  • February 19, 2019

    NYC Real Estate Week In Review

    Greenberg Traurig LLP and Dentons were among more than a dozen law firms that helped with the largest New York City real estate deals hitting public records last week, a group of transactions that spanned four boroughs.

  • February 19, 2019

    SEC Says Guilty Plea Warrants Win On Civil Fraud Claims

    The U.S. Securities and Exchange Commission told a New York federal court Friday that a guilty plea by a man who participated in a pump-and-dump scheme entitles the agency to a quick win on most claims in its parallel civil suit.

  • February 19, 2019

    More Ex-LeClairRyan IP Attys Defect To Pepper Hamilton

    Adding to a string of recent departures from LeClairRyan, a team of intellectual property attorneys has joined Pepper Hamilton LLP’s second office in New York, the firm said Tuesday.

  • February 19, 2019

    AT&T Wants Out Of Suit Over Early Retirement Benefits

    AT&T Services Inc.'s pension plan has asked a New York federal court to grant it a quick win in a proposed class action from two former employees who claim they were wrongly denied retroactive early retirement benefits.

  • February 19, 2019

    Royal Park Loses 2nd Cert. Try In BNY Mellon MBS Suit

    Royal Park Investments SA/NV’s bid for class certification in its suit against The Bank of New York Mellon Corp. over failed mortgage-backed securities was denied for the second time by a New York federal judge who found that the investors’ claims did not satisfy class action commonality requirements.

  • February 19, 2019

    SEC Can't Ignore State Action On Fiduciary Rules

    Several states are positioned to outlaw self-interested trades in the broker-dealer business, pressuring the U.S. Securities and Exchange Commission to raise professional standards beyond a proposal released last year that falls short of the strict fiduciary duties some policymakers want.

  • February 19, 2019

    McKinsey Pays $15M For Failing To Disclose Ch. 11 Conflicts

    The U.S. Trustee’s Office announced Tuesday it has reached a $15 million settlement with consulting giant McKinsey & Co. over allegations McKinsey failed to adequately disclose possible conflicts of interest in a trio of major bankruptcies.

  • February 19, 2019

    Justices Deny NY Station's Bid To Review FCC Channel Move

    The U.S. Supreme Court on Tuesday denied a petition for writ of certiorari from a New York-area television station that sought review of the D.C. Circuit's support of a Federal Communications Commission decision to assign it a higher broadcast channel as a result of the transition to digital broadcasting.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

Expert Analysis

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • An Important Class Issue The High Court Left Unresolved

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    In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • Identifying Jurors Who Are Susceptible To The Reptile Strategy

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    A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

  • The Many Elements Of Protection For Pre-Existing Conditions

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    As discussion and debate about health coverage continues following the recent Affordable Care Act decision in Texas v. U.S., it is useful to appreciate that what may be referenced in the singular as protection for pre-existing conditions is in fact a collection of multiple provisions working in concert, say Catherine Livingston and Elena Kaplan of Jones Day.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • 10th Circ. Engages Superstorm Scalia With New 'Monsoon'

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    The Tenth Circuit's recent extraterritorial application of securities law against Traffic Monsoon LLC and its founder was arguably inconsistent with the statutory text being examined. This case could bring the crux of Justice Antonin Scalia’s opinion in Morrison v. National Australia Bank back to the U.S. Supreme Court, says Timothy Work of Steptoe & Johnson LLP.

  • Retailers At Risk From New Glyphosate Liability Theories

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    As Monsanto faces the first bellwether trial in the federal multidistrict litigation over its herbicide glyphosate, consumer groups' pursuit of other companies in the glyphosate supply chain and scientific debate over the chemical's toxicity mean that more lawsuits are likely, say attorneys with Hunton Andrews Kurth LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.