New York

  • December 13, 2019

    Judge Asks If T-Mobile Will Be 'Maverick' Or 'One Of The Boys'

    A Manhattan federal judge on Friday quizzed T-Mobile's CEO John Legere on whether the company would retain its maverick spirit after a proposed merger with Sprint or join the conventional class of carriers like AT&T and Verizon.

  • December 13, 2019

    Liddle & Robinson Says Bankruptcy Should Stay In Ch. 11

    New York employment law firm Liddle & Robinson LLP hit back on Friday against calls from creditors and the U.S. trustee to convert its case to a liquidation, saying the move would cause the clients of its sole remaining partner to flee.

  • December 13, 2019

    Another Investor Says Canopy Skewed Canadian Pot Demand

    Canopy Growth has been hit with another proposed securities class action, this time by investors represented by Pomerantz LLP, accusing the cannabis behemoth of misrepresenting the size of the Canadian pot market.

  • December 13, 2019

    NY Tribe Gets $255M Judgment Paused For Appeal

    A federal judge has paused enforcement of a now-confirmed arbitration award that found the Seneca Nation owes New York $255 million in unpaid casino revenue under a tribal-state gambling compact, ending the outcome of the tribe’s appeal.

  • December 13, 2019

    'Annoyance' Atty Lets Jurists Know When They Get His Goat

    The attorney who made headlines for his spat with a Second Circuit judge has a history of pointing out double standards the bench holds the bar to.

  • December 13, 2019

    Real Estate Rumors: Nuveen, Blackstone, Extell

    A Nuveen Real Estate venture is reportedly on the hunt for as much as $408 million in financing for a New York office project, Blackstone has reportedly dropped roughly $130 million on a Brooklyn shopping center, and Extell is said to have landed $700 million in financing for two Manhattan residential properties.

  • December 13, 2019

    Chinese EB-5 Investors Sue Developer For Financial Records

    Investors from China and Taiwan who put $500,000 each into a real estate project under the U.S.' EB-5 immigrant investor program told a New York state court that they've been denied access to records about the state of the project and when they can expect their money back.

  • December 13, 2019

    Investors Fight Performance Sports Execs' Bid To Nix Suit

    Investors suing two executives of Performance Sports Group for allegedly bankrupting the sports gear manufacturer are fighting back against a dismissal bid, saying the bigwigs clearly misled shareholders by touting "organic" growth that was really driven by self-destructive "gun to head" sales practices and accounting gimmicks.

  • December 13, 2019

    3rd Circ. Finds Contractor Gave Up Appeal Of Ch. 11 Ruling

    A construction company gave up its ability to challenge a Pennsylvania bankruptcy court ruling that it breached a contract by previously agreeing to end all its pending claims if the court reached that conclusion and without explicitly preserving its right to appeal, the Third Circuit said in a precedential opinion.

  • December 13, 2019

    Patients Say Rescheduling Pot Would Be A Step Backward

    Medical marijuana patients have told the Second Circuit that any petition they send to the DEA to deschedule cannabis would likely result in the drug becoming reclassified as a Schedule II substance — an outcome that would be worse than the status quo.

  • December 13, 2019

    2nd Circ. Says ICE Can Detain Criminal Defendants

    The Second Circuit revived an indictment against a Trinidad and Tobago national charged with importing cocaine after a lower court tossed it when U.S. Immigration and Customs Enforcement refused to release him.

  • December 13, 2019

    Sears Ch. 11 Board Can Get Bonuses For Litigation

    A New York bankruptcy judge Friday approved litigation-based bonus compensation for members of Sears Holding Corp.'s liquidating trust board over the objection of vendors questioning the size of the bonus and how it was decided.

  • December 13, 2019

    Justices Will Take Up Trump's 3 Subpoena Appeals

    The U.S. Supreme Court on Friday said it would review President Donald Trump's appeals to block subpoenas by congressional committees and the Manhattan district attorney for his personal and business financial records, including his tax information.

  • December 13, 2019

    Ellenoff Leads 2 Blank Check IPOs Raising $445M Combined

    Two blank check companies represented by Ellenoff Grossman & Schole LLP debuted in public markets on Friday after pricing initial public offerings that raised a combined $445 million, money that is intended to pay for acquisitions across several industries.

  • December 13, 2019

    MoFo, Gibson Dunn Steer BofA's $475M NYC Tower Loan

    Morrison & Foerster represented Bank of America in connection with its roughly $475 million loan to a Gibson Dunn-counseled affiliate of Related Cos. for a Manhattan Hudson Yards tower, according to records made public in New York on Friday.

  • December 13, 2019

    Scammer Who Hyped Caffeinated-Snack Venture Gets 4 Years

    Manhattan U.S. District Judge Jed S. Rakoff sentenced a 73-year-old California man to four years in prison Thursday for helping his wife steal $2.3 million from investors who thought they were backing a food venture that was going to bring caffeinated snacks to market.

  • December 12, 2019

    Flashy T-Mobile CEO Touts 'Supercharged' Merger With Sprint

    T-Mobile CEO John Legere told a Manhattan federal court on Thursday that his company thrives on beating up on its rivals and that its merger with Sprint will benefit everyone, rebutting fears the deal will stifle competition.

  • December 12, 2019

    Client Says NY Law Firm Botched $20M Suit With Late Service

    Software company Juma Technology Corp. sued Massoud & Pashkoff LLP in New York state court Wednesday, accusing the Big Apple-based law firm of bungling a $20 million lawsuit by failing to serve the defendants on time.

  • December 12, 2019

    Kleinberg Kaplan Nabs Partner From Dechert

    Kleinberg Kaplan Wolff & Cohen PC has brought on a Dechert LLP attorney who is experienced in advising cross-border estate planning to bolster the firm’s estate planning and administration practice in New York.

  • December 12, 2019

    2nd Circ. Says NY Opioid Fee Fight May Belong In State Court

    The Second Circuit looked tempted Thursday to undo a Manhattan federal judge's move to block New York state's $600 million Opioid Stewardship Act surcharge law, with an appellate judge suggesting the policy move looks like a state tax that falls outside the scope of a federal court's jurisdiction.

  • December 12, 2019

    New York Court Certifies Appeal In GM Ignition Switch Claims

    The multibillion-dollar question of whether General Motors owes car owners for lowering the value of their vehicles by revealing a deadly defect is headed to the Second Circuit, after the New York federal judge overseeing a sprawling multidistrict litigation against the auto giant agreed to fast-track the issue.

  • December 12, 2019

    Ex-Braskem Exec Granted $30M Bail In Bribery Case

    The former CEO of Brazilian oil company Braskem satisfied a reluctant magistrate judge on Thursday that cash and investments worth about $30 million, or around half his wealth, will be enough to ensure he appears in Brooklyn to face charges of conspiring to bribe officials in his home country.

  • December 12, 2019

    Real Estate Rumors: Atlas, Bowery Farming, Melo Group

    Atlas Capital has reportedly bought the Los Angeles Times printing plant for roughly $240 million, Bowery Farming is said to be taking 17,610 square feet in New York, and Melo Group has reportedly landed $142 million in financing for a Miami residential and retail property.

  • December 12, 2019

    Labaton Will Lead Midstream Co. Investors' Take-Private Suit

    A New York federal judge on Wednesday appointed Labaton Sucharow LLP lead counsel for a proposed class of shareholders who claim they lost out when a midstream energy company was taken private after the company's stock price was allegedly pushed down on purpose.

  • December 12, 2019

    HUD To Award Nearly $200M In Affordable Housing For Tribes

    The U.S. Department of Housing and Urban Development has announced it will give about $200 million in affordable housing grants to 52 Native American tribes around the nation for new construction, property rehabilitation and infrastructure projects.

Expert Analysis

  • State Net

    2020 Will Be A Year Of Decision For States

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    The coming year will be politically crucial for the states, with most choosing legislatures that in 2021 will redistrict congressional and legislative seats on the basis of the 2020 census, says Lou Cannon of State Net Capitol Journal.

  • NY, NJ Offshore Wind Bids Buoy State-Level Renewables Push

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    Recent actions in New Jersey and New York to advance offshore wind power projects are part of a growing surge of clean energy development by state and local governments, says Scott Press of Goldberg Segalla.

  • How Cos. Can Obtain TCPA-Compliant Text Message Consent

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    In the Second and Ninth Circuits, adequate consent for text message communications under the Telephone Consumer Protection Act remains a highly litigated issue, but companies may be able to avoid liability by employing clickwrap agreements, double opt-in processes and opt-out mechanisms, say Natalie Nahabet and Sarah Shyy of Orrick.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • Hospitality Outlook: ADA Website Suits Won't Go Away

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    Opinions from the Fourth and Seventh Circuits may limit Americans with Disabilities Act website accessibility claims against hospitality businesses, but the U.S. Supreme Court's recent decision not to hear Domino's Pizza v. Robles signals that this type of litigation will continue into 2020, says Martin Orlick of Jeffer Mangels.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • California Continues To Set State Environmental Law Trends

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    California is home to some of the most robust environmental laws in the country, and many of them, like the state's ban on plastic bags, have led to similar laws in other states. Manufacturers and retailers should monitor green legislation in California as a harbinger of what may follow elsewhere, say attorneys at Steptoe & Johnson.

  • Product Liability Claims Can Be A Global Threat To Cos.

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    When allegations of product risks related to health, safety or the environment spread from one jurisdiction to countries around the world, they can lead to both policy responses and mass litigation that can jeopardize companies' business models, says Sylvie Gallage-Alwis of Signature Litigation.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • 2019 Brought Major Changes To New York Employment Law

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    In light of significant expansions to worker protections and lowered standards of proof in New York state and city employment laws this year, now more than ever, employers should use care in their dealings with employees, independent contractors, clients and vendors, say Mark Goldstein and Alexandra Manfredi at Reed Smith.

  • When Contract Enforcement Should Defer To Plaintiff Rights

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    The California Court of Appeal's recent decision in Handoush v. Lease Finance Group casts into doubt the enforceability of forum selection and choice-of-law contract provisions where their enforcement would deprive litigants of fundamental rights, such as the right to a jury trial, says Peter Selvin at TroyGould.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • High Court May Allow Georgia To Copyright Legal Annotations

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    The overall impression from Monday's Supreme Court arguments in Georgia v. Public.Resource.Org is that the justices were uneasy with the Eleventh Circuit's decision effectively stripping Georgia's annotated code of copyright protection and that both parties' concession that the annotations do not have the force of law seemed to favor Georgia, says Fabio Marino of Polsinelli.

  • An Employer's Guide To Avoiding Holiday Party Liabilities

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    This year, employers should be more vigilant about employee conduct and other issues that commonly stem from holiday parties, especially considering a continued wave of #MeToo claims, and new anti-sexual harassment training requirements in New York, say Keith Markel and Basil Sitaras at Morrison Cohen.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.