New York

  • November 24, 2020

    Luckin Coffee, Banks Seek Nix Of Shareholder Securities Suit

    Chinese coffeehouse chain Luckin Coffee and its underwriters filed dual motions Monday asking a New York federal judge to dismiss shareholder class action claims that their negligence and misinformation caused its stock to plunge following news of hundreds of millions of dollars in fabricated sales.

  • November 24, 2020

    States, Cities Seek Demise Of Trump's Narrowed Water Rule

    A group of states on Monday asked a federal judge to scrap the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction, saying the government failed to study how excluding many previously protected waters would harm water quality and step on states' rights.

  • November 24, 2020

    Cop-Shoving Judge Faces 2nd Ethics Probe Over 2018 Case

    New York state's judicial ethics watchdog will review a Buffalo judge's decision to preside over and rule in favor of an attorney who owed him thousands of dollars, expanding an existing inquiry sparked by his role in a street brawl this summer.

  • November 24, 2020

    NFL Retirement Plan Faces New Suit Over CBA Disability Cuts

    Three former NFL players hit the league's retirement and disability benefits plans with a proposed class action alleging the retirement plan unlawfully shifted benefits between the plans, a move that set up the league and the players union's controversial agreement to cut disability benefits for potentially hundreds of retired players in the labor agreement reached earlier this year. 

  • November 24, 2020

    Goodwin Offering Special Bonuses For Work During Pandemic

    Goodwin Procter LLP will pay its nonpartner lawyers in the U.S. a one-time bonus — up to $40,000 — in December for their work throughout the year and the pandemic, which will be in addition to their annual bonuses in January, the firm announced Tuesday.

  • November 24, 2020

    Fired Analyst Sues Manhattan DA's Office For Racial Bias

    A Dominican tech analyst slapped the Manhattan District Attorney's Office with a race bias lawsuit in a New York federal court, saying he was underpaid, called a monkey by his boss and eventually fired as punishment for complaining.

  • November 24, 2020

    Amazon Workers Turn To 2nd Circ. In COVID-19 Safety Suit

    Workers at Amazon's Staten Island warehouse are taking their suit, which seeks to make the e-commerce giant increase COVID-19 protections, to the Second Circuit with their appeal of an order tossing the case, according to a Tuesday filing.

  • November 24, 2020

    CEO Presses Removal Of Judge Who Worked At Debevoise

    The head of a memorabilia auction company has redoubled his effort to convince a New York magistrate judge to bow out from a securities fraud case, objecting to the judge's refusal to exit the litigation because he worked for Debevoise & Plimpton LLP during the 1980s.

  • November 24, 2020

    Manhattan Grocer Dean & DeLuca Gets Ch. 11 Plan Approval

    Upscale New York grocery chain Dean & DeLuca received approval Tuesday from a bankruptcy judge there for its Chapter 11 plan of reorganization arising from a global deal with its unsecured creditors and bank lenders.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 24, 2020

    Dechert Steers $15B Tie-Up Of FS KKR Biz Development Cos.

    Business development companies FS KKR Capital Corp. and FS KKR Capital Corp. II said Tuesday they plan to merge into a single entity with about $14.9 billion in assets under management, a deal arranged with help from Dechert LLP.

  • November 24, 2020

    Soy Milk Maker Pushes To Toss Vanilla False Ad Claims

    The Hain Celestial Group Inc. is asking a New York federal judge to throw out a suit alleging that its vanilla soy milk misleads consumers into thinking it's made exclusively with vanilla extract, saying reasonable buyers understand the "vanilla" in the product's name refers to its flavoring, not a promise about ingredients.

  • November 24, 2020

    OCC Hits JPMorgan With $250M Fine Over Fiduciary Biz

    The Office of the Comptroller of the Currency said Tuesday that it has imposed a $250 million fine on JPMorgan Chase Bank, citing deficiencies in the bank's internal controls and audit program for its massive fiduciary business.

  • November 23, 2020

    NY Courts Survey Finds Room For Gender Bias Improvement

    A recent survey of 5,300 attorneys by the New York State Judicial Committee on Women in the Courts shows that female attorneys, litigants and witnesses experience gender bias in a wide variety of ways throughout the court system — and that men and women have significantly different views of this bias, the state court system announced Monday.

  • November 23, 2020

    Publisher Says Fox Rothschild Violated Legal Ethics

    The publisher of Business Insurance has asked a New York federal judge to sanction Fox Rothschild LLP, alleging the firm violated professional legal ethics in trying to represent the publisher in one action while simultaneously suing it in another on behalf of the publication's former CEO.

  • November 23, 2020

    Rebuffed By Kaplan, Donziger Atty Calls Out Judges' 'Opacity'

    Chevron foe Steven Donziger's new lawyer questioned Monday who's in charge of given issues relating to Donziger's criminal contempt case, telling U.S. District Judge Lewis Kaplan, the judge in Donziger's civil case, that the situation is beset by "utter opacity."

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Ex-Fugitive Accused Of Medicare Fraud Gets 3 Years

    A New York federal judge sentenced the former co-owner of a medical equipment supplier to three years in prison Monday for health care fraud, after the accused was expelled from Haiti following 11 years on the lam.

  • November 23, 2020

    NY Eatery Provided Weinstein 'Hunting Grounds,' Server Says

    The owner of an exclusive Manhattan restaurant allowed his friend Harvey Weinstein to use the eatery as his "hunting grounds" to sexually harass women, according to a lawsuit filed Friday in New York federal court by one of the restaurant's former cocktail waitresses, who says she was regularly accosted by both men.

  • November 23, 2020

    AstraZeneca Finds 90% Vaccine Success, Will Seek Approval

    AstraZeneca said Monday that one of its coronavirus vaccine candidates achieved 90% effectiveness, while the average efficacy of its two dosing regimens hit only 70% — well below the rates recently reported for Pfizer and Moderna's vaccine candidates.

  • November 23, 2020

    Indicted Ex-Goldman Banker Denies Role In 1MDB Scandal

    A former Goldman Sachs banker asked a New York federal court to toss an indictment against him stemming from the 1Malaysia Development Bhd. scandal, arguing he had no involvement in the multibillion-dollar fraud scheme aside from introducing two of the alleged key players.

  • November 23, 2020

    15 Minutes With NYC Mayor De Blasio's Counsel

    Any sensitive legal issue facing New York City Mayor Bill de Blasio, from pandemic-related closures to police reform and concerns surrounding the presidential election, crosses the desk of his counsel, Kapil Longani. Here, Longani shares more about his responsibilities, legal considerations when advising the mayor and a lesson shared with him by the late Rep. Elijah Cummings.

  • November 23, 2020

    Forex Rigger Katz On Track For $400-Per-Hour Consult Gig

    A Manhattan federal judge showed little inclination Monday to stop convicted forex rigger Jason Katz from earning $400 per hour as consultant for investors seeking to hold 16 big banks liable for price-fixing, but the judge suggested capping the former government cooperator's pay.

  • November 23, 2020

    IAnthus, Cannabis PE Firm Want Securities Suit Tossed

    Canadian cannabis company iAnthus Capital Holdings Inc. and investor Gotham Green Partners have asked a New York federal court to toss claims brought by a shareholder over iAnthus' allegedly self-interested financing deals with Gotham Green.

Expert Analysis

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Avoiding Copyright Liability For Tattoo Depiction In Media

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    Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • State FCA Considerations For Cos. Seeking COVID-19 Relief

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    Any business seeking funding from a state or local pandemic relief program should be cognizant of the significant legal exposure it could face under a state false claims act, say attorneys at Patterson Belknap.

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