New York

  • August 23, 2019

    Trump Calls 2nd Circ. Ban On Twitter Blocks 'Misconceived'

    President Donald Trump on Friday asked the full Second Circuit to take another look at an appeal panel’s earlier ruling that the president violated the First Amendment by blocking critics on Twitter, calling the panel’s decision “fundamentally misconceived.”

  • August 23, 2019

    Insurer Slams Realtor’s Bid To Remand Harvey Coverage Suit

    Insurance company AmRisc LLC asked a federal judge not to move a Houston-based real estate company’s suit seeking more than $1 million from insurers for Hurricane Harvey damage to state court, saying arbitration disputes belong in federal court.

  • August 23, 2019

    Feds Attack Huawei's Bid To Dodge Trade Secret Theft Case

    Prosecutors have urged a Seattle federal judge to reject Huawei's bid to skirt criminal charges alleging the Chinese chipmaker stole trade secrets from T-Mobile, saying Huawei's claim that it is the victim of a politically motivated prosecution is baseless.

  • August 23, 2019

    Fees On Crypto Purchases Didn't Breach Contract: Chase

    Chase Bank outlined its affirmative defenses in an answer to a proposed class action in New York federal court brought by customers who say the bank ambushed them by billing their credit card cryptocurrency purchases as expensive cash advances without notice, arguing that damages suffered are "a result of their own conduct."

  • August 23, 2019

    Punitives Axed In Suit Over NY Patient Wrongly Declared Dead

    A New York appellate panel has affirmed the dismissal of a punitive damages claim in a suit accusing health care providers of wrongly pronouncing a cardiac arrest patient dead, saying under the circumstances of the case the alleged conduct wasn’t reckless or malicious.

  • August 23, 2019

    SEC Urges Court To Keep Crypto Wizard's Funds Frozen

    The U.S. Securities and Exchange Commission on Thursday fought to uphold its asset freeze against cryptocurrency company Veritaseum Inc.’s owner, whom it accuses of scamming investors out of $15 million, telling a New York federal judge the freeze was necessary to prevent the suspected transfer of funds abroad.

  • August 23, 2019

    Avenatti Wants Stormy Daniels Fraud Case Moved To Calif.

    Michael Avenatti on Thursday asked a New York federal judge to transfer charges that he embezzled book deal funds from his former client, adult film actress Stormy Daniels, to California, saying they are essentially the same as the client fund theft rap the embattled attorney is facing in Orange County.

  • August 23, 2019

    Real Estate Rumors: Telefonica, Unqork, Neuro Skills Centre

    Spanish telecom company Telefonica is reportedly hoping to get $100 million with the sale of three Santiago, Chile, buildings, software firm Unqork is said to be subleasing nearly 40,000 square feet in New York, and the Centre for Neuro Skills has reportedly leased 24,500 square feet at an under-construction building in California.

  • August 23, 2019

    Judge Says Lehman Mortgage Suit Stays In Bankruptcy Court

    A New York federal judge Friday denied a bid by mortgage lenders to move a suit against them by failed investment bank Lehman Brothers Holdings Inc. into district court, saying the bankruptcy court can handle the claims more efficiently.

  • August 23, 2019

    2nd Circ. Goes Into Fact-Finding Mode On Trump Subpoenas

    The Second Circuit on Friday asked two banks to disclose if they are in possession of Donald Trump's tax returns, as it ponders the legality of demands for the Republican president's banking records by congressional Democrats investigating international money laundering.

  • August 23, 2019

    Crypto Co. Seeks To Escape Suit Over Fake Trading Platform

    Cryptocurrency exchange Xtrade urged a New York federal court Thursday to throw out an investor suit seeking millions of dollars in compensation for the alleged botched rollout of a trading platform, blaming a 2018 crypto market crash for the investors’ losses.

  • August 23, 2019

    Chinese E-Commerce Co. Tries To Sink Merger Suit, Again

    Chinese e-commerce company Dangdang Inc. has urged a New York federal judge to dismiss a lawsuit over its 2016 take-private merger for the second time, saying the suit's revival on appeal did not fix its jurisdictional deficiencies.

  • August 23, 2019

    DOL Hits Fiduciary Services Co. With Stock Overpayment Suit

    The U.S. Department of Labor has accused Professional Fiduciary Services LLC in New York federal court of violating federal benefits law, saying it caused an employee stock ownership plan to shell out almost $27 million more than the fair market value of the company's stock.

  • August 23, 2019

    Publishing Giants Sue Audible Over Text Captions

    The country’s major book publishers are suing audiobook giant Audible over a planned feature that will allow listeners to read text captions, calling it “quintessential” copyright infringement.

  • August 22, 2019

    Software Co. Wants AIG To Cover Deal In $6M Spoofing Scam

    Investment software manager SS&C Technologies Holdings Inc. is asking a New York federal court to declare that insurer AIG must cover the cost of a settlement over the company's unwitting role in a $6 million heist that wiped out one of its clients.

  • August 22, 2019

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

    A $56 million medical malpractice verdict partly against the brother of a former New York governor and a suit filed by a woman whose daughter was allegedly bitten by entertainer Wayne Newton’s pet monkey lead Law360’s Tort Report this week, an occasional compilation of recent personal injury and medical malpractice news items that may have flown under the radar.

  • August 22, 2019

    Aegerion Pharma's Ex-CEO Objects To Ch. 11 Plan

    The ex-CEO of Aegerion Pharmaceuticals filed objections to the company’s Chapter 11 plan Thursday, saying he and other former executives were disenfranchised by the plan’s “gerrymandered” creditor categories.

  • August 22, 2019

    Avenatti Plans To Target Nike In $20M Extortion Trial

    Embattled celebrity attorney Michael Avenatti on Thursday signaled that he intends to go on the offensive against Nike Inc. at his upcoming trial on charges of trying to extort more than $20 million from the sportswear giant.

  • August 22, 2019

    Exec Slams Fyre Fest Attendees' Bid To Pull Him Back In Suit

    The chief marketing officer of the bankrupt company behind the disastrous Fyre Festival has blasted Geragos & Geragos APC's attempt to rope him back into a $100 million proposed class action, claiming the firm made "knowingly false statements" when it accused him of lying about representing himself.

  • August 22, 2019

    2nd Circ. Says Lower Court Erred In Philip Morris Death Suit

    The Second Circuit on Thursday said a lower court erred when it prevented a man whose wife died of lung cancer from establishing at trial Philip Morris' past statements that it intentionally manipulated the nicotine content of its cigarettes to make them more addictive.

  • August 22, 2019

    AmeriGas Topples 11 States' Antitrust Claims In Propane MDL

    The Missouri federal judge overseeing multidistrict litigation accusing propane giants of working together to fix prices knocked out state claims from nearly a fourth of the United States this week after finding that they were time-barred.

  • August 22, 2019

    Police Suit Over Ford SUV Fumes Fails, Judge's Report Says

    A New York federal judge on Thursday recommended dismissal of class claims alleging that Ford Explorers modified for law enforcement exposed Empire State cops to carbon monoxide fumes, finding that the automaker clearly disclaimed liability for vehicles used for business or commercial purposes.

  • August 22, 2019

    Fund Seeks $83M For Chinese Co.'s Alleged Bond Default

    A Chinese milk powder and chemicals company has defaulted on its short-term bond payments and now owes an Asia-focused hedge fund $83 million for the fund's full investment plus interest, the hedge fund told a New York state court.

  • August 22, 2019

    Emmet Marvin Helps With $125M JPMorgan Manhattan Loan

    JPMorgan has loaned $125 million to a pair of entities affiliated with Ogden Cap Properties LLC for a property on East 31st Street in Manhattan's Murray Hill neighborhood, a matter Emmet Marvin & Martin LLP worked on, according to records made public in New York on Thursday.

  • August 22, 2019

    Soccer Leagues Say Rival Can't Claw Back Copy Of Feds Deal

    The former head of the North American Soccer League’s board of governors should not be allowed to claw back an unsigned version of a cooperation agreement he worked out with New York federal prosecutors, a federal judge heard.

Expert Analysis

  • Perspectives

    Sealing Marijuana Convictions Is A Win For Justice System

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    As a result of a novel class action, hundreds of New Yorkers' old convictions for marijuana-related crimes are being sealed, an important step toward a more equal justice system where the needless collateral consequences of marijuana criminalization are eliminated, says Manhattan District Attorney Cy Vance Jr.

  • Key Policy Rescission Considerations For Insurers

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    When insureds make misrepresentations that materially affect policy underwriting decisions, insurers can seek policy rescission, but they should pay attention to state-specific considerations, especially in the context of compulsory insurance, say Nicole Crowley and Christian Cavallo of Goldberg Segalla.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • New Clarity On Expert Testimony In Pa. State Courts

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    The Pennsylvania Superior Court recently ruled that the forum state's law governs the sufficiency of expert testimony in Pennsylvania. The T.M. v. Janssen Pharmaceuticals case highlights the importance of detailed attention to procedural rules, say Louis DePaul and Carolyn Boucek of Eckert Seamans.

  • Superfund Redevelopment At 20: Continuing Challenges

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    Even as the U.S. Environmental Protection Agency's Superfund Redevelopment Initiative celebrates its 20th anniversary, two key barriers to success remain, and are unlikely to change — the program’s chronic underfunding and the statute’s unforgiving liability scheme, says Linda Larson of Nossaman.

  • Outlook Hazy For Cannabis TMs Under Unlawful Use Doctrine

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    In two recent trademark infringement cases, federal courts in New York and Florida reached opposite conclusions in applying the U.S. Patent and Trademark Office’s interpretation of the unlawful use in commerce doctrine to the cannabis industry, providing little clarity, let alone predictability, as to future application of the doctrine, says Marsha Gentner of Dykema. 

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Recent Breach Shows Importance Of Securing Biometric Data

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    The recent Suprema data breach — which could have exposed more than 1 million people's biometric data — is a reminder to all organizations in possession of biometric data to ensure that they comply with recently enacted and ever-evolving legislation across the U.S., say Molly DiRago and Daniel Waltz of Troutman Sanders.

  • Considering Disclosure Risks In Sensitive Product Recalls

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    The New York Supreme Court's recent decision in Otsuka America v. Crum & Forster highlights the balancing act between comprehensive disclosures during product recall efforts and the use of those communications in subsequent insurance or personal injury lawsuits, say Syed Ahmad and Geoffrey Fehling of Hunton.

  • California Tax Takes: A Tool To Fight Underpayment Penalties

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    If the California Legislature adds tax claims to the ambit of the state False Claims Act, taxpayers would need to evaluate their potential exposure to the large corporate understatement penalty or consider challenging the penalty as an excessive fine, pursuant to the recent U.S. Supreme Court decision in Timbs v. Indiana, say attorneys at Reed Smith.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • State Net

    Calif. Emissions Agreement A Model For State-Industry Deals

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    Bypassing the Trump administration, California recently reached a deal with four automakers to improve fuel efficiency and reduce carbon emissions. The agreement could set a precedent for how state governments and industry can work together to address major issues, says Lou Cannon of State Net Capitol Journal.

  • Ohio's Payday Lending Regs May Inform Other State Efforts

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    With the U.S. Consumer Financial Protection Bureau's rules to rein in payday lending on hold indefinitely, state legislatures seeking to fill the regulatory void may look to the successes and failures of Ohio's Fairness in Lending Act, elements of which recently went into effect, say attorneys at Isaac Wiles.

  • How New Bill Boosts Renewable Projects On Federal Lands

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    If passed by Congress, a new bipartisan bill is expected to slash permitting delays for renewable energy projects across the U.S. The resulting regulatory certainty would be a win both for industry and for the growing group of states that have set ambitious climate change mitigation goals, say Ed Hild and Robert Burns of Buchanan Ingersoll.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.