New York

  • September 24, 2020

    Feds Ask Justices To Ignore Convicted HSBC Banker's Appeal

    Federal prosecutors have urged the U.S. Supreme Court to reject former HSBC executive Mark Johnson's bid for review of his fraud conviction over a $3.5 billion trade, saying taking another party's "right to control" its own assets is a settled form of wire fraud.

  • September 24, 2020

    Financial Services Co. Head Charged In $4.4M Fraud Scheme

    The head of a financial services firm was arrested Thursday and charged in Manhattan federal court with involvement in a securities fraud scheme that scammed at least 18 investors out of about $4.4 million.

  • September 24, 2020

    Goldman Gets Industry Support For High Court Cert. Fight

    Goldman Sachs got support from Wall Street groups, former U.S. Securities and Exchange Commission officials, law professors and others on Thursday in its challenge before the U.S. Supreme Court of class certification in a hotly watched securities class action.

  • September 24, 2020

    Hearst Accused Of Enabling Exec Who Demeaned Workers

    An executive at Hearst Communications mocked and demeaned older and female employees with "little more than a slap on the wrist" from his managers, according to a suit filed in New York state court by a former director who says the conditions led her to quit.

  • September 24, 2020

    Law Grads Fear Tech Troubles Ahead Of Remote Bar Exam

    Less than two weeks before thousands of attorney hopefuls in over a dozen states are scheduled to take the bar exam remotely, technological problems ranging from trouble clicking multiple-choice options to suspicious money transfers after downloading the exam program are cropping up, suggesting a remote exam is easier said than done.

  • September 24, 2020

    Judge Transfers Ex-Prosecutor's Netflix Defamation Suit

    A Florida federal judge ruled Thursday that a former Manhattan district attorney's defamation suit against Netflix over its docudrama on the Central Park jogger rape case belongs in New York, where most of the potential witnesses are located.

  • September 24, 2020

    Panama Papers Accountant Sentenced To 39 Months

    A Manhattan federal judge Thursday sentenced a Massachusetts accountant brought down by the Panama Papers investigation to 39 months in prison for tax evasion, wire fraud, money laundering and other charges for helping law firm Mossack Fonseca's clients avoid taxes.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    AGs Defend Ky. Over Amazon Seller Price-Gouging Probes

    Over 30 attorneys general urged the Sixth Circuit on Wednesday to unblock Kentucky's investigations into Amazon merchants, arguing state price-gouging rules are a vital consumer protection tool amid the COVID-19 pandemic that do not unconstitutionally interfere with a retailer's right to set prices across state lines.

  • September 24, 2020

    'LOVE' Artist's Estate Says Deal 'Completely Blindsided' It

    The estate of the late sculptor Robert Indiana, best known for his "LOVE" piece, told a New York federal court on Wednesday that it was "completely blindsided" by a deal between the estate's sole beneficiary and an art foundation suing the estate over Indiana's work.

  • September 24, 2020

    2nd Circ. Says Madoff Trustee Entitled To $41M Ponzi Profits

    The Second Circuit Court of Appeals affirmed a lower court decision Thursday that ordered clients of the Bernie Madoff Ponzi scheme to return $41 million in fraudulent profits to the trustee overseeing the funds' bankruptcy estate, saying they were not entitled to keep anything more than their principal investment in the fund.

  • September 24, 2020

    Media Reports On Trump Can't Back Subpoena, 2nd Circ. Told

    Public reports accusing President Donald Trump and his businesses of wrongdoing did not justify the scope of the grand jury subpoena by the Manhattan district attorney for tax returns and financial records, Trump's attorneys told a federal appeals court Thursday.

  • September 24, 2020

    Trump's Niece Says He Cheated Her Out Of Family Inheritance

    President Donald Trump and two of his siblings tricked, bullied and swindled their niece, Mary L. Trump, out of her inherited share of the family business, fleecing her out of tens of millions of dollars, according to a lawsuit she filed in New York state court on Thursday.

  • September 24, 2020

    Supermarket Firm Says Ch. 11 Buyer Wants To Ax Union Deals

    The parent of the Kings Food and Balducci's supermarket chains Thursday asked a New York bankruptcy judge to allow the company to reject union contracts and pension obligations, saying they are standing in the way of the $75 million bid it has for the company.

  • September 24, 2020

    SEC Wins Fraud Trial Against Ex-Apollo Exec

    Following a nine-day bench trial, a New York federal judge Wednesday ordered a former Apollo Management LP executive to pay a $240,000 penalty for spending his clients' funds on swanky vacations, salon trips, high-end clothing and other personal expenses, ending the almost three-year U.S. Securities and Exchange Commission case.

  • September 24, 2020

    MTA Workers Say Allianz 'Decimated' Their Retirement Funds

    Pension and benefit plans for the employees of New York's Metropolitan Transportation Authority have hit Allianz Global Investors with a lawsuit claiming the investment manager torpedoed the workers' savings by making risky bets when the coronavirus pandemic hit.

  • September 24, 2020

    PokerStars Founder Avoids More Jail Time After Plea

    A Manhattan federal judge on Wednesday fined PokerStars founder Isai Scheinberg $30,000 but declined to give him more time behind bars for running an illegal gambling business, long after prosecutors forced the Isle of Man website to forfeit $547 million in 2012.

  • September 24, 2020

    Con Man Jason Galanis Sees 6 Months Shaved From Sentence

    A Manhattan federal judge sentenced fraudster Jason Galanis Thursday to under 16 years in prison for a shareholder rip-off and a tribal bond swindle that cost investors $81 million, shaving six months from his previously announced punishment because he was ineffectively served by former counsel.

  • September 24, 2020

    Bard Strikes $60M Multistate Deal Over Pelvic Mesh Marketing

    Medical device maker C.R. Bard Inc. said Thursday it has agreed to a $60 million settlement with the attorneys general of 48 states and Washington, D.C., to end claims the company deceptively marketed its transvaginal surgical mesh devices to patients by downplaying serious risks.

  • September 24, 2020

    Fox News Beats Slander Suit Over Carlson 'Extortion' Remark

    A Manhattan federal judge ruled Thursday that Fox News host Tucker Carlson didn't defame an ex-Playboy model when he likened her involvement with President Donald Trump to "extortion," declaring that most viewers would not expect "actual facts" from Carlson.

  • September 23, 2020

    Nixon Peabody Rebuts Attys Suing Over Move To DLA Piper

    Nixon Peabody LLP this week pushed back at five former partners accusing the firm of "punishing" them for leaving for DLA Piper last year, telling a New York state court that the partners' dispute must be determined by an arbitrator, not the courts.

  • September 23, 2020

    NY Drivers Say Lyft Can't Dodge Pay Practices Suit

    New York drivers said Wednesday Lyft improperly deducted ride-hailing taxes and surcharges from drivers' portion of fares instead of charging customers, and the company is blatantly mischaracterizing their lawsuit as a tax collection dispute when it's really about wage theft.

  • September 23, 2020

    Judge Questions Garrett's Intercompany, Overseas Payments

    A New York bankruptcy judge on Wednesday approved auto parts maker Garrett Motion's request to make millions of dollars in what it said were vital internal transfers and overseas payments, but not without questioning the size and scope of the requests.

  • September 23, 2020

    AGs Denied Early Win In ACA Civil Rights Rollback Suit

    A New York federal judge has rejected a bid from several attorneys general for an early win in their suit challenging a Trump administration rollback of civil rights protections for women, LGBTQ people and non-English speakers under the Affordable Care Act, finding that the states' move was premature.

  • September 23, 2020

    NY AG Loses Lysol Price-Gouging Case Against Wholesaler

    A New York state court judge on Wednesday highlighted some of the limits enforcers face in pursuing accusations of pandemic-related price-gouging when she threw out a case over a wholesaler's alleged doubling of the price for Lysol Disinfectant Spray.

Expert Analysis

  • Foreign Securities Class Actions 10 Years After Morrison

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    The U.S. Supreme Court’s landmark 2010 decision in Morrison v. National Australia Bank has had a sweeping impact on the application of the federal securities laws to transnational securities fraud, but it has not brought the predictability and consistency it promised and has exposed foreign issuers to greater U.S. class action liability, say attorneys at Cleary.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • 2 NY Contract Cases Highlight Limits Of Impossibility Defense

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    As parties consider invoking the common law doctrine of impossibility to defend contract nonperformance during the pandemic, two recent New York federal and state court decisions — Lantino v. Clay and Backal Hospitality v. 627 West — illustrate the challenges of establishing such a defense, say Muhammad Faridi and Timothy Smith at Patterson Belknap.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Balancing Newly Divergent State, USPTO Ethics Rules

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    In light of the U.S. Patent and Trademark Office's stringent ethics rules and failure to adopt a choice-of-law rule, intellectual property attorneys practicing in states that recently adopted more progressive ethics rules may have to modify their practice to avoid discipline, say attorneys Emil Ali and Michael McCabe.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Competing Libor-Transition Proposals Create More Problems

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    While the U.S., U.K. and EU have proposed legislation in anticipation of the approaching Libor end date, the multiplicity of their approaches gives rise to uncertainty for market participants rather than eliminating it, say Anne Beaumont at Friedman Kaplan and Janine Alexander and Audrey Favreau at Collyer Bristow.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Series

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

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    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • NY Lenders May Face Barriers In Real Estate Dispositions

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    Three recent New York County Supreme Court decisions demonstrate that although the governor's executive orders suspending commercial evictions and foreclosures do not expressly bar collateral dispositions, lenders attempting to sell defaulted real estate should expect judicial limitations during the pandemic, say attorneys at Patterson Belknap.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

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