New York

  • April 03, 2020

    Anti-Vaxxer Says NYU Langone Can't Fire Him Over Flu Shot

    As the COVID-19 pandemic ravages New York City and its hospitals, a former New York University Langone Medical Center employee on Friday sued the hospital system for firing him after he refused to get a flu shot, hitting NYU Langone with religious discrimination claims in New York federal court.

  • April 03, 2020

    States’ Suit Touted For Bellwether In Generics Price-Fix Case

    Buyers accusing generic-drug makers of price-fixing urged a Pennsylvania federal judge Thursday to accept a special master’s recommendation and pick a lawsuit by states as their bellwether conspiracy case, pushing back against Teva Pharmaceuticals' objection to the special master's choice.

  • April 03, 2020

    Private Prison With COVID Cases Says NYC Told It Not To Test

    A private prison in Queens reported to a New York federal court on Friday that the New York City Department of Health and Mental Hygiene effectively told it to stop testing inmates for COVID-19 despite confirmed cases at the facility.

  • April 03, 2020

    Pot Co. Acreage Scraps $120M Deal Amid Virus Cutbacks

    Cannabis company Acreage Holdings Inc. announced Friday that it has terminated a $120 million deal to acquire Nevada-based marijuana cultivator and manufacturer Deep Roots Medical LLC, among other company cutbacks, citing a significant impact from the coronavirus pandemic.

  • April 03, 2020

    NLRB Tells Food Co. To Rehire Worker Irked By Union Dues

    The National Labor Relations Board has ordered that a kosher food packaging company has to rehire a worker who was fired after giving the middle finger to a human resources representative and cursing during a meeting where he was told he had to sign a union dues checkoff form.

  • April 03, 2020

    Securities Atty Fights ‘Too Severe’ SEC Judgment Request

    A Manhattan securities attorney accused by the U.S. Securities and Exchange Commission of playing a role in a pump-and-dump scheme tried to persuade a federal judge Friday that he doesn’t deserve judgment as drastic as the terms the SEC suggested.

  • April 03, 2020

    Real Estate Rumors: Gemini Rosemont, Apex, AvalonBay

    Gemini Rosemont is said to have bought a Brooklyn development site for $18.6 million, an Apex Financial Advisors affiliate has reportedly paid $24.85 million for a Philadelphia-area office building and AvalonBay is said to be teaming up with Mast Capital on a Florida mixed-use project.

  • April 03, 2020

    Fox Rothschild Says Ex-Aide's Sex Bias Suit Not Tied To NY

    Fox Rothschild LLP urged a New York federal judge Friday to toss a former legal aide's suit claiming a former firm attorney tried to rape her, arguing her claims are time-barred and that her allegations of any New York-based abuse are "demonstrably false."

  • April 03, 2020

    2nd Circ. Says NY Armored Car Drivers Can Get OT

    The Second Circuit on Friday revived overtime claims in a proposed wage-and-hour class action from drivers for IBI Armored Services, a New York armored vehicle services company, saying a district court improperly determined the drivers weren’t entitled to overtime because of their exempt status.

  • April 03, 2020

    Virtual 2nd Circ. Off To Smooth Start But No End In Sight

    The Second Circuit's foray into internet-based appellate review in order to practice social distancing and help combat the spread of the novel coronavirus is off to a good start, though streaming traffic "wouldn't knock your socks off," and the plan is to continue, a court official said on Friday.

  • April 03, 2020

    NY Bar Exam Lacking In State Law Portion, Report Finds

    A task force formed last year to investigate the impact of New York’s adoption of the Uniform Bar Examination released a report Friday finding the standardized test was not adequately preparing students to practice in the Empire State, with an open-book phase of the exam on state law not taken seriously by test takers.

  • April 03, 2020

    Steel Co. Says It's Owed $22M After Joint Venture Corroded

    Steel rebar company Traxys said it is owed nearly $22 million in cash and inventory after its joint venture partner reneged on their business agreements, according to documents filed in New York federal court.

  • April 03, 2020

    Chancery Asks If Jefferies Spiked Defense In $189M Deal

    Delaware's chancellor pressed an attorney for Jefferies Financial Group Friday to explain how its allegedly tainted pre-deal contacts with key HomeFed Corp. minority investors failed to "put the nail in the coffin" of claims that its $189 million take-private merger in mid-2019 deserved business judgment deference.

  • April 03, 2020

    Auto Parts Co. Adient Beats Suit Over Execs' Profit Forecasts

    Adient PLC permanently slipped a proposed class action after a New York federal judge found that investors in the auto parts maker hadn't shown the company's alleged misstatements about reaching one of its financial targets were false at the time they were made.

  • April 03, 2020

    Judge Warns NYC Prisons To 'Do Better' On Attorney Access

    A Brooklyn federal judge on Friday chastised the Federal Bureau of Prisons for failing to provide New York City inmates adequate access to their attorneys during the coronavirus pandemic, giving the agency until Monday to explain why it wasn’t allowing more phone calls.

  • April 03, 2020

    Ex-Morgan Stanley Tax Convict Seeks Release Due To Virus

    A former Morgan Stanley attorney serving time in a federal prison for evading $45 million in taxes has asked a New York federal judge for early release to protect himself from the harmful effects of the novel coronavirus outbreak.

  • April 03, 2020

    Simpson Thacher Reps CVC For $4.5B Asia-Focused Fund

    Simpson Thacher-led CVC Capital Partners said Friday it has closed on its latest fund, a $4.5 billion vehicle targeting the consumer and services industry across the Asia Pacific region.

  • April 03, 2020

    Rakoff Tosses Fantasy Player's MLB Cheating Scandal Suit

    New York federal judge Jed Rakoff on Friday threw out a proposed class action alleging Major League Baseball, the Houston Astros and the Boston Red Sox undermined fantasy sports contests they promoted by covering up cheating schemes that manipulated real players' statistics.

  • April 03, 2020

    Willkie Steers Insight Partners To $9.5B Tech-Focused Fund

    Insight Partners, advised by Willkie Farr, said Friday it has amassed $9.5 billion for its 11th flagship fund, with plans to target investments in enterprise software companies the firm sees as being positioned for major, rapid growth.

  • April 02, 2020

    19 Deny Charges In Alleged Horse Doping Scheme

    A group of trainers, veterinarians and others on Thursday denied criminal charges stemming from a purported scheme to administer performance-enhancing drugs to racehorses competing across the world and to hide the conduct from regulators.

  • April 02, 2020

    Split NY High Court Spikes Retroactivity In Rent Recovery Law

    New York’s recent law overhauling tenants’ ability to recover overcharged rent does not apply retroactively, New York’s highest court found in a split opinion favoring the building owners.

  • April 02, 2020

    Weinstein Suit's Bankruptcy Link Ties It To SDNY, Court Told

    Harvey Weinstein's younger brother Bob argued Wednesday that a former Polish model's suit alleging she was sexually assaulted by the convicted Hollywood mogul at age 16 should remain in New York federal court.

  • April 02, 2020

    Coffee Chain Takes Heat In Investors' New Stock-Drop Suit

    Chinese coffeehouse chain Luckin Coffee Inc. was slapped with a stockholder suit in New York federal court Thursday alleging the company's negligence and misinformation caused the stock to nosedive amid reports that a senior executive and employees fabricated transactions.

  • April 02, 2020

    2nd Circ. Snubs Ship Co. Shareholders' 'Death Spiral' Claims

    The Second Circuit on Thursday affirmed the dismissal of a proposed shareholder class action accusing a holding company that owns tanker vessels of deploying a "death spiral financing scheme" to manipulate the market.

  • April 02, 2020

    NY Passes Guaranteed Paid Sick Leave Beyond COVID-19

    Just weeks after New York lawmakers passed legislation guaranteeing workers some measure of coronavirus-related paid sick time, they enacted permanent paid sick leave to most workers starting next year through the state budget, which passed Thursday.

Expert Analysis

  • Will COVID-19 Transform The Cannabis Industry?

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    With marijuana deemed essential in many states during the COVID-19 crisis, regulators are relaxing prohibitions on cannabis home delivery and curbside pickup services. These short-term fixes could become lasting mainstays, say attorneys at Goodwin.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • 'Prompt Pay' For Construction May Still Apply Amid COVID-19

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    With prompt pay laws requiring strict adherence to contractual or statutory deadlines in Pennsylvania, New York and New Jersey, property owners and contractors should exercise caution in withholding payments for construction projects that may be due during the COVID-19 pandemic, say Teri Sherman and Gaetano Piccirilli at Klehr Harrison.

  • Led Zeppelin Ruling Is Already Affecting Copyright Litigation

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    The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Defending Against A Wave Of Hand Sanitizer Class Actions

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    The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

  • Tips For Executing Contracts Electronically Amid Pandemic

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    While COVID-19 has created unprecedented challenges for even commonplace tasks like contract execution, federal and state legal frameworks offer practical alternatives to manual signing, say attorneys at Cleary.

  • Opinion

    It Is Time To Make Virtual Trials A Reality

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    The COVID-19 crisis is rapidly teaching us that there is surprisingly little legal work that requires everyone to be in the same room — and that’s equally true for trials and other court proceedings, says Jeffrey Blumenfeld at Lowenstein Sandler.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • State Telemedicine Rules Remain Murky Amid COVID-19 Crisis

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    In the vast majority of states, the regulatory environment remains unclear or hostile to telemedicine services by out-of-state physicians, limiting their capacity to help during the coronavirus pandemic, say attorneys at Polsinelli.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

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