By B. Colby Hamilton | September 29, 2017
Deutsche Bank has agreed to a preliminary settlement of $190 million in a class action suit over foreign exchange rate price fixing allegations against some of the world's biggest financial institutions.
By B. Colby Hamilton | September 28, 2017
In a 151-page decision issued Thursday, the Second Circuit upheld a nearly $1 billion judgment against issuers of housing crisis-era securities sold to federal mortgage entities Freddie Mac and Fannie Mae.
By B. Colby Hamilton | September 28, 2017
U.S. District Judge William Pauley III of the Southern District of New York winnowed down claims Wednesday against U.S. Bank and Bank of America in a housing crisis legacy suit brought by the German bank Commerzbank.
By Karen Sloan | September 28, 2017
A former Ropes & Gray lawyer and Harvard Law School grad can move ahead with parts of her federal lawsuit.
By Lawrence W. Newman and David Zaslowsky | September 28, 2017
International Litigation columnists Lawrence W. Newman and David Zaslowsky write: A hallmark of arbitration awards issued by the International Center for the Settlement of Investment Disputes is that they cannot be reviewed by national courts of any member country. Yet, unless they are paid voluntarily, such awards still must be brought to a national court for recognition and enforcement. On July 11, 2017, the Second Circuit became the first circuit court to address enforcing such awards in the United States in a decision that rejected the summary procedures that had been followed by numerous courts in the Southern District of New York.
By B. Colby Hamilton | September 27, 2017
A key plaintiff witness' affidavit was found to be untrue. The attorney who became aware of that discovery unilaterally decided the factual discrepancies were immaterial and didn't require alerting the court. The affidavit, its credibility gap and the choices made by Collen IP partner Joshua Paul have done more than simply jeopardize his trademark infringement suit.
By B. Colby Hamilton | September 27, 2017
A subpoena being driven by attorney "paranoia" in a Georgia-based copyright violations case should be quashed, according to a motion filed in the U.S. District Court for the Southern District of New York.
By B. Colby Hamilton | September 26, 2017
The Second Circuit, again finding that jury instructions in public corruption trials after the U.S. Supreme Court's holding in 'McDonnell v. U.S.' require greater clarity to sustain convictions, vacated the convictions of former New York state Senate Majority Leader Dean Skelos in a summary order issued Tuesday.
By Jed I. Bergman and Marissa E. Miller | September 26, 2017
Jed I. Bergman and Marissa E. Miller write: Even though in pari delicto is an affirmative defense, and case law suggests that a balancing of the parties' relative fault is required, New York courts often dismiss plaintiffs' claims on the face of the pleadings, without balancing and without discovery. The frequency of such dismissals has only increased since the Court of Appeals decided 'Kirschner v. KPMG' in 2010. Given this trend, surviving a motion to dismiss can significantly enhance a plaintiff's leverage.
By B. Colby Hamilton | September 25, 2017
Three retired New York City police detectives filed a class action lawsuit against the department and two high-ranking police officials Monday, claiming systemic racial discrimination blocked them from rightful promotions in an elite intelligence unit.
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