LexisNexis® Legal Newsroom
News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

What Are the Elements of Breach of Fiduciary Duty in New York?

In New York, “In order to establish a breach of fiduciary duty, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol , 40 A.D.3d 588, 590, 835 N.Y.S.2d...

new york city superstorm sandy

Babst Calland: New York Court Declines to Re-Hear Land Use Case as Governor Anticipates Health Report by End of 2014

By Michael C. Murphy On October 16, 2014, the New York Court of Appeals denied a request by the bankruptcy trustee for Norse Energy to re-hear arguments in the landmark case affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders...

Has New York City Added a Fourth Element for Determining a Combined Group?

A New York Tax Appeals Tribunal Administrative Law Judge (ALJ) recently determined that a federal savings and loan association was not required to include a subsidiary, which was formed as a Connecticut passive investment company, in its combined New York City bank tax return. In the Matter of the Petition...

The Influence of Kahn v. M&F Worldwide Corp. in Going-Private Transactions

In a sign that Delaware's approach to going-private transactions has some legs, an appellate court in NY recently applied the principles of Kahn v. M&F Worldwide Corp. (MFW) to a going private transaction, thereby aligning New York's law in this area with Delaware's [ an enhanced version...

Cuomo Rolls Out Strict New Debt Collection Rules

Saying his administration "will not tolerate debt collectors who wrongfully take advantage of consumers," New York Gov. Andrew Cuomo (D) announced sweeping new debt collection rules last week for the Empire State. The new rules, which Cuomo unveiled last Wednesday, require debt collectors to...

Mayors Support DAPA, DACA Expansion

"Mayors and senior officials from 25 cities across the country met Monday in New York to rally support and lay the groundwork for implementing President Obama’s executive actions to provide relief to millions of undocumented immigrants nationwide. Brought together by New York City Mayor Bill...

Breaking News: Imprisoned Upstate New York Chimpanzee Denied Habeas Corpus Relief By The Supreme Court Appellate Division.

In a case held up as a potential groundbreaker for the animal-rights movement, Tommy, the chimpanzee at issue, was specifically denied status as a person in a unanimous opinion issued by the court. Judge Karen Peters wrote: “We conclude that a chimpanzee is not a person entitled to the rights and...

U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. — (Mealey’s) A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court ( Ellen Gelboim and Linda Zacher, et...

New York State on Bitcoins: Transactions Are Barters for Sales Tax Purposes; Follow Federal Guidance for State Income Taxes

By Charlie Kearns The New York State Department of Taxation and Finance has issued guidance on the sales tax, corporation franchise tax, and personal income tax implications of transactions involving convertible virtual currency, such as bitcoins. The Department’s guidance can be found here....

New York Bans Hydraulic Fracturing Statewide

ALBANY, N.Y. — (Mealey's) The commissioner of the New York State Department of Environmental Conservation (DEC) on Dec. 17 announced at a meeting of Gov. Andrew Cuomo’s cabinet that he will “issue a legally binding findings statement” that will prohibit high-volume horizontal...

How to Comply with New York Blue Sky Laws

As I previously explained here , Rule 506 private placements involve the filing of a Form D with the SEC as well as complying with blue sky notice filings requirements in each state where the investors participating in the offering reside. Rule 506(b) or (c) offerings are exempt from regulation on the...

New York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers

by Ryan Duffy Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to $7.50 per hour before tips. If approved by the commissioner...

Jury Verdict Round-Up: Top 10 Medical Malpractice Verdicts of 2014

During 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable medical malpractice verdicts from across the country. This informal list of top 10 cases captured our attention, so we thought you might like to hear about them. Our list includes substantial plaintiff’s...

Thinking About Skipping Out on Jury Duty?

A New York trial court fined a no-show juror $250 for skipping out on his juror responsibilities. The case, Matter of Richard N., 45 Misc. 3d 632, 994 N.Y.S.2d 514, 2014 N.Y. Misc. LEXIS 3969, 2014 NY Slip Op 24251 (N.Y. Sup. Ct. 2014) , involving a motor vehicle accident, commenced a summary jury...

Boston Scientific Pays $600 Million To Settle Guidant Contract Suit By Johnson & Johnson

MARLBOROUGH, Mass. — (Mealey’s) Boston Scientific Corp. on Feb. 17 announced that it has agreed to pay Johnson & Johnson (J&J) $600 million to settle a nine-year-old lawsuit alleging that Guidant Corp., which is now a Boston Scientific subsidiary, in 2006 interfered with J&J’s...

NY Department of Financial Services Answers FAQs Regarding New Debt Collection Regulations

by H. Scott Kelly , David N. Anthony , John C. Lynch and Alan D. Wingfield On February 19, 2015, the New York Department of Financial Services (DFS) issued guidance in the form of FAQs on its recently-enacted debt collection regulation (23 NYCRR 1). The guidance came in response to calls from many...

In a New York Minute: Six New York Tax Reform Decisions to Make in 2015

New York’s corporate tax reform includes sweeping changes affecting nearly every aspect of its corporation franchise tax. In their article for State Tax Notes , Sutherland Partners Leah Robinson and Marc A. Simonetti review what New York corporate taxpayers should be doing now to be ready for...

A Real Loss for New York: ALJ Rejects Hypothetical Application of Net Operating Loss

By Nicole Boutros and Open Weaver Banks A New York State Division of Tax Appeals Administrative Law Judge (ALJ) held that for banking franchise tax purposes a taxpayer did not have to utilize a net operating loss (NOL) carryover in a year in which the taxpayer did not pay tax on its entire net income...

NY Attorney General, FTC Bring Joint Enforcement Actions Against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are seeking injunctive relief and damages for violations of the Fair Debt Collection...

State Net Capitol Journal: Cuomo Pushes to Raise NY Minimum Wage

New York Governor Andrew Cuomo (D) kicked off a statewide tour last week to promote his plan to raise the Empire State minimum wage to $10.50 per hour, which he said would lift 100,000 workers out of poverty and produce a $3 billion annual boost to the state’s economy. Cuomo signed legislation...

Duane Morris LLP: Electricity Policy Shifts Are Gaining Momentum In New York

In what is likely to be a harbinger of changes to status quo retail electricity markets, services and grid planning, the New York State Public Service Commission (New York PSC) adopted a new policy framework that would significantly influence the development of the electricity industry for years to come...

New York City Legislation Enacts General Corporation Tax Reform

On April 13, 2015, Governor Andrew Cuomo signed New York’s 2015-2016 budget legislation, which, among other changes, conforms the New York City general corporation tax to the most significant changes from last year’s New York State corporation franchise tax reform. View the full Legal Alert...

Another Specialty Pharmacy Settles Exjade False Claims Allegations For $45 Million

NEW YORK —(Mealey’s) Specialty pharmacy Accredo Health Group Inc. on April 30 agreed to pay $45 million to settle a whistle-blower’s allegations that its efforts to push prescriptions for the iron chelation drug Exjade resulted in false claims being submitted to federal health care...