New York

  • February 20, 2024

    Giuliani Can Contest $148M Fine But Not With His Own Money

    A New York bankruptcy judge on Tuesday allowed Rudy Giuliani to seek a new trial for $148 million in damages he was ordered to pay for defaming two Georgia poll workers, but said the former mayor can't use money from his bankruptcy estate to pay his legal bills.

  • February 20, 2024

    SEC Zeroes In On SolarWinds Exec In Revised Complaint

    The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.

  • February 20, 2024

    Bid-Rigging Suit Against Bloomberg And Turner Ruled Too Old

    A defunct drywall contractor has lost its bid to hold Bloomberg LP and Turner Construction to account for a blackballing and bid-rigging campaign, as a New York federal judge ruled the suit was filed too late despite a related appeal to the Second Circuit.

  • February 20, 2024

    Epstein's Attorney, Accountant Accused Of Aiding Trafficking

    Two survivors of sexual predator Jeffrey Epstein claim his longtime lawyer and accountant played essential parts in the disgraced financier's sex trafficking enterprise by creating a complex financial infrastructure to keep the money flowing, according to a proposed class action filed in New York federal court.

  • February 20, 2024

    Justices Won't Hear JPMorgan Syndicated Loan Dispute

    The U.S. Supreme Court decided on Tuesdsay that it will not hear a dispute accusing JPMorgan Chase and other banks of failing to warn noteholders about the risks of lending money to a soon-to-be bankrupt company, keeping the case's dismissal intact after the Second Circuit ruled that the syndicated loan at the center of the case was not subject to securities laws.

  • February 20, 2024

    SocGen's $35M Yen-Libor Rigging Suit Deal Gets 1st OK

    A New York federal judge Tuesday granted preliminary approval of a $35 million settlement to resolve a yearslong dispute involving a class of Societe Generale investors who accused the French financial services provider of being involved in a conspiracy to rig the London interbank offered rate for the Japanese yen.

  • February 20, 2024

    2nd Circ. Won't Restore Allergan Investors' Breast Implant Suit

    A Second Circuit panel on Tuesday declined to revive a class action accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, holding in a summary order that the investors failed to show any duty by Allergan to disclose certain information related to the alleged health concerns, or that the company made any false or misleading statements.

  • February 20, 2024

    Meta, TikTok Sued Over NYC Teen 'Subway Surfing' Death

    The mother of a New York City teen who was killed while "subway surfing," a challenge to ride on the outside of subway cars popularized on social media, hit the parent companies of TikTok and Instagram along with the Metropolitan Transportation Authority with a wrongful death suit on Monday.

  • February 20, 2024

    Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies

    A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.

  • February 20, 2024

    NFL Seeks Exit To Fan's Suit Over Philly QB's Touchdown Ball

    A lifelong Philadelphia Eagles football fan who says police and security officers battered him after quarterback Jalen Hurts handed him a ball that was used to score a record-breaking touchdown against the New York Giants erred in including the National Football League in his lawsuit, the league argued in a bid to toss the suit.

  • February 20, 2024

    US Trustee Says Coffee Co. Can't Redact Execs' Names

    The U.S. Trustee's Office asked a New York bankruptcy judge to reject a request by Mercon Coffee Group to expunge the names of its senior managers, directors and owners from its Chapter 11 filings, saying this is basic information the public has the right to know.

  • February 20, 2024

    Peloton Win Brings 'Bike+' TM Suit To A Screeching Halt

    A California federal magistrate judge has tossed a trademark suit against Peloton over its "Bike+" brand, saying in her summary judgment decision that there is "no likelihood of confusion" between the interactive fitness equipment giant's product and a mobile app developed by a professional cyclist's fitness-tech company.

  • February 20, 2024

    DoorDash Charges Excessive Fees, NYC Burger Eatery Says

    DoorDash was hit with a proposed class action Friday in California federal court by a New York City burger joint that accused the platform of employing a "widespread and pervasive practice" of levying service fees more than the 20% cap imposed by local legislations enacted during the COVID-19 pandemic.

  • February 20, 2024

    Justices Deny 9/11 Widows' Challenge to Damage Distribution

    The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.

  • February 20, 2024

    New Yorker Writer Pans Subpoena Over Adams' Ties To Pastor

    A writer for The New Yorker said that being forced to testify about an indicted Brooklyn pastor's ties to Mayor Eric Adams would step on journalistic privilege, arguing that Manhattan federal prosecutors could instead rely on other sources.

  • February 20, 2024

    Simpson Thacher Adds 5 Skadden Financial Institutions Attys

    Simpson Thacher & Bartlett LLP is adding a team of five former Skadden Arps Slate Meagher & Flom LLP attorneys as partners to its financial institutions practice in New York and Washington, D.C., including the onetime co-leader of Skadden's financial institutions group, the firm confirmed on Tuesday.

  • February 20, 2024

    NYC Nonprofit Sues Rival Over 'Brooklyn Half Marathon' TM

    The nonprofit behind road races including the New York City Marathon has filed a suit against a rival organizer it claims infringed its trademark for the "Brooklyn Half Marathon" race.

  • February 20, 2024

    Kirkland & Ellis Brings On Weil Tax Pros In NY, DC

    Kirkland & Ellis has recruited a pair of real estate tax partners from Weil Gotshal & Manges LLC who advised clients on a wide range of complex transactions, Kirkland announced Tuesday.

  • February 20, 2024

    Former EDNY Prosecutor, Bomb Expert Joins McGuireWoods

    McGuireWoods LLP has added a former federal prosecutor with the Eastern District of New York as counsel in the government investigations and white collar litigation department in North Carolina and Washington, D.C. Garen Marshall — a former bomb expert with the U.S. Navy — spoke to Law360 Pulse about joining the military-friendly firm.

  • February 20, 2024

    Paul Hastings, Others Seek $9.9M In Kwok Ch. 11 Case Fees

    Paul Hastings LLP and six other law firms and professional services organizations have filed applications seeking more than $9.9 million in fees and expenses in the global Chapter 11 saga of Chinese exile Ho Wan Kwok, leaving the cost of the two-year-old case at well more than $30 million.

  • February 20, 2024

    Selendy Gay Taps Paul Weiss Bankruptcy Litigation Pro

    New York commercial litigation firm Selendy Gay PLLC announced Tuesday it will be welcoming a longtime Paul Weiss partner with extensive bankruptcy and restructuring experience as its latest partner, effective Monday.

  • February 20, 2024

    No Coverage For Firm In Haiti Malpractice Suit, Insurer Says

    An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.

  • February 20, 2024

    Windels Marx Atty Joins Seyfarth's New Restructuring Team

    About a month after Seyfarth Shaw LLP launched its restructuring and insolvency practice with two Bryan Cave Leighton Paisner LLP partners, the firm announced Tuesday that it had added another attorney from Windels Marx Lane & Mittendorf LLP.

  • February 20, 2024

    Ex-IBM Workers Can't Get Justices To Tackle Age Bias Battle

    The U.S. Supreme Court on Tuesday turned away a group of ex-IBM workers' bid for review of a Second Circuit ruling that said they had to pursue age bias claims in arbitration rather than court, despite their argument that the decision conflicted with high court precedent.

  • February 20, 2024

    Validity Of $2B Venezuelan Bonds Remains Unresolved In NY

    New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.

Expert Analysis

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Open Questions After Elastos Crypto Class Action Settlement

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    The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

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    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • A Closer Look At Novel Jury Instruction In Forex Rigging Case

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    After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.

  • Navigating New Regulations In Healthcare And Other M&A

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    While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.

  • Stay Ruling Challenges Sovereign Debt Dynamics

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    The Southern District of New York’s recent ruling in Hamilton Reserve Bank v. Sri Lanka, which provides sovereigns with a de facto bankruptcy stay in restructuring scenarios, may create uncertain consequences for sovereign creditors and borrowers alike, says Jeff Newton at Omni Bridgeway.

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