New York

  • August 13, 2024

    Davis Polk Lands 3 Fund Management Pros From Debevoise

    Davis Polk & Wardwell LLP announced Tuesday that it is adding three partners who specialize in fund formation matters to bolster its investment management practice in New York.

  • August 13, 2024

    Ex-Rep. Santos Warned Not To Hide Evidence As Trial Nears

    A New York federal judge cautioned former U.S. Rep. George Santos on Tuesday that failing to turn over discovery could box in his defense to allegations of campaign finance fraud and other criminal charges at a trial set to begin next month.

  • August 13, 2024

    Rival Building Suppliers Net $3M Deal To End Competition Tiff

    A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.

  • August 13, 2024

    State Street Fired 9/11 Victim During Cancer Bout, Suit Says

    A former State Street employee filed a lawsuit claiming the Boston-based megabank illegally fired her for taking medical leave for 9/11-related cancer treatments and for internally reporting more than a million dollars in alleged fraudulent bills sent to customers.

  • August 13, 2024

    Talc Claims Land Cosmetics Giant Avon In Ch. 11

    Avon Products filed for Chapter 11 protection in Delaware, saying it needs to address more than $1 billion in liabilities and allegations of injuries caused by talc in its products.

  • August 13, 2024

    3 Firms Drive $3.8B Carlyle-Baxter Kidney Care Deal

    Kirkland & Ellis LLP-led private equity firm Carlyle on Tuesday agreed to acquire the kidney care unit of Baxter International Inc., represented by Sullivan & Cromwell LLP and Baker McKenzie, for $3.8 billion, Baxter said in a statement Tuesday.

  • August 12, 2024

    RFK Jr.'s 'Sham' Address Keeps Him Off NY Ballot, Court Says

    Robert F. Kennedy Jr.'s petition to appear as an independent presidential candidate on New York's ballot is invalid because he claimed a false address, an Albany judge ruled Monday, calling it a "sham" address that he used to maintain his voter registration in the state.

  • August 12, 2024

    Suspect In Smuggling For 'Putin's War Machine' Extradited To US

    A Russian-German national has been extradited to the U.S. from Cyprus and now faces criminal charges in New York federal court for allegedly smuggling American-sourced microelectronics to supply foreign manufacturers with parts to help arm Russia in its war against Ukraine.

  • August 12, 2024

    Nasdaq Isn't Immune From Racial Bias Claims, Investor Says

    The Nasdaq Stock Market isn't immune from racial discrimination claims because such claims are "simply too different" from the claims it actually is protected from as a self-regulatory organization, an investor in a minority-led special purpose acquisition company has argued.

  • August 12, 2024

    PE Firms Aim To Escape RICO Suit Over Inadequate Claims

    Investment firms Advantage Capital Holdings and 777 Partners separately have asked a federal judge in New York to toss a Racketeer Influenced and Corrupt Organizations suit whose allegations include fraud, saying the plaintiff failed to sufficiently plead its claims.

  • August 12, 2024

    Adviser To Pay SEC $6M Over Undisclosed Conflicts

    The U.S. Securities and Exchange Commission announced Monday that investment advisory firm Cadaret Grant & Co. Inc. will pay more than $6 million to settle claims that it failed to make sufficient disclosures to clients regarding its revenue-sharing agreements and conflicts of interests associated with its financial recommendations.

  • August 12, 2024

    SEC Fines OTC Link For Suspicious Activity Reports Failures

    Broker-dealer OTC Link LLC on Monday agreed to pay nearly $1.2 million to settle U.S. Securities and Exchange Commission claims that the New York-based alternative trading system failed to monitor financial transactions for potential red flags over a three-year period.

  • August 12, 2024

    WWE Accuser Says Doc's Lawsuit Threat Meant To Silence Her

    A celebrity doctor with alleged ties to World Wrestling Entertainment Inc. and ex-CEO Vince McMahon should be sanctioned for filing a "vexatious" presuit discovery request in an effort to intimidate the woman who claimed the company and former executives sexually abused and trafficked her, she argued in a Monday motion.

  • August 12, 2024

    Lululemon Gets PTAB To Review Nike Flyknit Patent

    The Patent Trial and Appeal Board will evaluate whether all claims of a Nike patent covering its Flyknit line of sneakers are invalid, in a challenge brought by Lululemon.

  • August 12, 2024

    DOJ Says Live Nation NY Suit 'Far Beyond' DC Merger Deal

    The U.S. Department of Justice has urged a New York federal judge not to transfer its antitrust suit against Live Nation, arguing its allegations go well beyond the 2010 deal clearing the purchase of Ticketmaster, a deal Live Nation says warrants sending the case to Washington, D.C.

  • August 12, 2024

    Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case

    A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."

  • August 12, 2024

    Celsius Sues Tether For Over $2B In Ch. 11 Clawbacks

    The defunct cryptocurrency platform Celsius Network has sued the largest stablecoin provider, Tether, seeking to claw back more than $2.3 billion worth of bitcoin and accusing Tether of improperly reaping the benefits of the digital coins for itself as Celsius was spiraling towards bankruptcy.

  • August 12, 2024

    Norfolk Southern Says Cuts To Investors' Suit Aren't Enough

    Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.

  • August 12, 2024

    SEC, SolarWinds In Settlement Talks After Cyber Suit Trimmed

    Software company SolarWinds Corp. is in talks to settle a U.S. Securities and Exchange Commission cybersecurity lawsuit after a Manhattan federal judge dismissed the majority of claims over a 2020 data breach, the parties said Monday.

  • August 12, 2024

    Construction Co. Says Tribe Can't Escape $1.9M Wage Suit

    A New York construction company is fighting a bid by an entity created by the Mashpee Wampanoag Tribe to dismiss a $1.9 million wage dispute for work done on an $11.75 million Cape Cod, Massachusetts, housing project, arguing that sovereign immunity can't protect it from the litigation.

  • August 12, 2024

    Investors Sue Nuclear Co. Over 'Laughable' Regulatory Claims

    Nano Nuclear Energy Inc. misled investors about its progress towards regulatory approval and commercialization of its energy products and that its higher-ups are independent contractors working as executives of other companies, according to a proposed class action filed in New York federal court.

  • August 12, 2024

    2nd Circ. Says Arbitration Ban Protects Sex Harassment Suit

    The Second Circuit said Monday that because a financial services worker said she continued to experience harassment after a law went into effect curbing mandatory arbitration for workplace sex misconduct disputes, her case can't be kicked out of court.

  • August 12, 2024

    2nd Circ. Nixes 'Excessive' $5M Award For Housing Nonprofit

    The Second Circuit on Monday overturned a $5 million award to a nonprofit that faced pushback from a Connecticut town while trying to open a group home for individuals with disabilities, finding that it was unconstitutionally excessive, but at the same time castigated the municipality's officials for "highly reprehensible" conduct.

  • August 12, 2024

    Roberta Kaplan Keeps Trump Case, But Ex-Firm Wants A Cut

    Trailblazing litigator Roberta Kaplan will keep E. Jean Carroll as a client after leaving Hecker Fink LLP amid claims she fostered a hostile work environment at the firm she co-founded, but her former colleagues still want a cut of the $83 million verdict Kaplan recently won for Carroll in a defamation lawsuit against former President Donald Trump.

  • August 12, 2024

    Morgan Lewis Escapes DQ Over Dual Rep. In HSBC OT Case

    A New York federal judge on Monday refused to disqualify Morgan Lewis & Bockius LLP counsel from representing a former HSBC branch manager and key witness in an overtime class action against the bank, which the attorneys also defend, ruling the supposed conflict of interest is speculative and could be corrected if needed with informed consent.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

  • Opinion

    A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue

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    The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

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    The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • What NYC's Green Fast Track Means For Affordable Housing

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    New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.

  • The Often Overlooked NY Foreclosure Notice Requirements

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    As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal

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    In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Antitrust In Retail: The Meaning Of 'Accessible Luxury'

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    In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

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