Second Circuit rules that putative auction rate securities class action complaints failed to adequately plead antitrust conspiracy *

USA - March 13 2013
In Mayor and City Council of Baltimore v. Citigroup, Inc., No. 10-0722-cv(L) and 10-0867-cv(CON), 2013 WL 791397 (2d Cir. Mar. 5, 2013), the United…

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New York Court of Appeals holds upholds broad choice of New York law provision in contract even in absence of contacts with New York *

USA - January 28 2013
In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., No. 191, 2012 WL 6571286 (N.Y. Dec. 18, 2012), the Court of Appeals of the State of New…

Co-authors: John Stigi.

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The Second Circuit finds no Section 16(b) violation where different securities of the same issuer are bought and sold *

USA - January 10 2013
In Gibbons v. Malone, No. 11-3620-cv, 2013 WL 57844 (2d Cir. Jan. 7, 2013), the United States Court of Appeals for the Second Circuit held that the…

Co-authors: John Stigi.

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Executive Order suspending New York State statutes of limitations to expire on December 25, 2012 *

USA - December 17 2012
Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012.

Co-authors: Robert S. Friedman.

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First Department affirms commercial division ruling that facts arising after litigation commences cannot save an otherwise deficient claim *

USA - November 7 2012
In the case BDCM Fund Adviser, L.L.C. v Zenni, 2012 NY Slip Op 06384 (1st Dep't Sept. 27, 2012), the First Department unanimously upheld a decision by Justice Eileen Bransten of the Commercial Division dismissing the claims of plaintiffs BDCM Fund Adviser L.L.C., Black Diamond Capital Management Holdings, L.L.C., and Stephen H. Deckoff (collectively “plaintiffs”) for unfair competition and disparagement.

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