August 20, 2015

James Sammataro quoted in "New Class Actions Filed in Music Industry Royalties Row"

LOS ANGELES DAILY JOURNAL | Three separate class actions that were filed during the week of August 16, 2015 in federal court against CBS Corporation, iHeartMedia Inc. and Cumulus Media Inc. could have far-reaching effects on the ecosystem of the terrestrial radio market.

ABS Entertainment Inc., which owns the sound recordings of Al Green, Willie Mitchell, Ann Peebles and Syl Johnson, among others, filed suit claiming defendants delivered music content through broadcast radio channels, HD radio channels, the Internet and mobile devices without the consent of, or licenses from, the plaintiff and the class. As a result, ABS is seeking more than $5 million in damages and restitution and injunctive relief in each lawsuit, claiming it is owed royalties on pre-1972 sound recordings, which aren’t protected under federal copyright law.

  • August 11, 2015

    Ross Moskowitz quoted in "Two NY Sites Sell for $390M"

    CHINA DAILY | Even as data indicates that China's economy is in a fragile state, Chinese demand for New York City real estate remains strong as developer Oceanwide Holdings Group Co. has agreed to acquire a pair of sites in Manhattan for $390 million from the Howard Hughes Corp.

    Located near the South Street Seaport, the two sites, 80 South Street and 163 Front Street in New York, have already been approved for redevelopment into an 800,000 square-foot, mixed-use tower combining commercial and residential space.

    ...Read More

    August 4, 2015

    Stroock's Representation of Tomita Highlighted in "Tomita, Nintendo Lock Horns Anew In 3DS Infringement Fight"

    LAW360 | On August 4, 2015, Tomita Technologies International Ltd. and Nintendo Co. Ltd. rejoined their battle over patented image display technology in a bench trial in New York federal court over whether the gaming giant's 3DS system includes structure equivalent to the "offset presetting means" in Tomita’s patent as construed by the Federal Circuit.

    The trial before U.S. District Judge Jed S. Rakoff is a product of the appellate court's December decision affirming in part a jury trial win for the plaintiff company founded by inventor and 30-year Sony Corp. veteran Seijiro Tomita tied to U.S. Patent No. 7,417,664.

    ...Read More

  • July 29, 2015

    E. Gail Suchman quoted in "Changes Afoot In Final Version Of Clean Power Plan"

    LAW360 | Though the core carbon emission reduction goals of the Clean Power Plan aren’t expected to change when the final version of the regulations is released shortly, reports that the Obama administration will push back compliance deadlines for states signal it’s contemplating some significant tweaks to the original proposal.

    The Clean Power Plan, as proposed, requires existing power plants to slash their greenhouse gas emissions by 30 percent from 2005 levels by 2030. It gives states until 2016 to present a plan for implementing the rules, with an option to extend the deadline another year — two if they team up on a multistate plan — and begin compliance by 2020.

    ...Read More

    July 27, 2015

    Brian Diamond quoted in "Carried Interest Unexpectedly Re-emerges for CRE"

    GLOBEST.COM | On July 22, 2015, the Internal Revenue Service quietly proposed a rule that would effectively do what numerous proposed acts and measures could not: ban companies such as private equity firms from converting the management fees they receive from their investors -- fees that would normally be taxed as ordinary income -- into capital contributions invested in their funds. These are taxed at a much lower tax rate.

    As everyone versed on this subject knows, what is applicable to private equity firms is also applicable to commercial real estate companies that use this partnership structure -- and so many do -- to develop and invest in properties.

    ...Read More

  • July 22, 2015

    Stroock Continues Expansion of Litigation Practice with Addition of Lewis F. Murphy
    Firm adds five litigation partners and counsel in four months

    Press Release | Lewis F. Murphy has joined the national Litigation Practice Group of Stroock & Stroock & Lavan LLP as a partner in the Miami office. He joins recent additions Steven D. Atlee, a litigation partner in Los Angeles; Michael C. Keats, a litigation partner in New York; Laura E. Besvinick; a litigation partner in Miami; and Julie E. Nevins, a litigation special counsel in Miami....Read More

    July 22, 2015

    Review Honors Young Lawyers Who Are Rising Stars

    DAILY BUSINESS REVIEW | Ira K. Teicher, a partner in Stroock's Real Estate Practice Group, was selected as one of 40 honorees in the Daily Business Review's 2015 class of Rising Stars. He is among the selection of South Florida lawyers under the age of 40 who, according to the publication, are making a difference in the community and will continue to do so in the future.

    In September, Mr. Teicher, along with this year's class of Rising Stars, will be recognized in a special section of the Daily Business Review.

    ...Read More

  • July 17, 2015

    Ross Moskowitz quoted in "Fire Island Residents to Lose Their Homes to Make Way for a Dune"

    THE NEW YORK TIMES | Three years ago, Hurricane Sandy destroyed dozens of houses across New York’s Fire Island and flooded many of the 4,500 homes. But what the hurricane spared, the federal government now plans to take. To restore the protective dunes that ran the length of the island and were flattened by the storm, the Army Corps of Engineers is set to build a new dune on the island, at a cost of $207 million....Read More

    July 15, 2015

    Stephen Newman quoted in "The Biggest California Court Decisions So Far In 2015"

    LAW360 | The California Supreme Court handed down a series of far-reaching decisions in the first half of the year that lawyers say will trigger more challenges to pay-for-delay pharmaceutical patent settlements under state antitrust law, empower cities to impose affordable housing requirements on builders and give state courts greater leeway to reject arbitration awards in employment and consumer disputes....Read More


Matthew Siegal to Speak at the Centerforce's IP Monetization Summit

Stroock Partner Matthew Siegal will be speaking at the Centerforce's IP Monetization Summit on September 24, 2015 in New York, NY.

Mr. Siegal will participate in the panel discussion "Enforcement & Monetization – Paper Tigers Beware!"

  • August 28, 2015 - New York Law School's CityLaw Breakfast featuring Carl Weisbrod
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  • September 2-5, 2015 - Hispanic National Bar Association's Annual Convention
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  • September 16-18, 2015 - IMN's ABS East 2015
    Read More

    Stroock Reports: Public Employee Law

    Welcome to the Summer 2015 issue of Stroock Reports – Public Employee Law. In this issue, we focus on the fight to protect public employee pensions and highlight recent court cases, including a Supreme Court case that may alter the way public sector unions collect dues and represent members. We also look at developments of interest to our public sector union clients, government relations clients and other friends of the firm.

    Our cover story –“Protecting Pensions and Contract Rights for Public Sector Employees” – provides an in-depth analysis of recent attacks on public employee pensions and the state and federal constitutional principles that protect them.

    This issue also continues to report on the developing Supreme Court landscape on the issue of agency shop fees in the public sector, as well as addresses the implications of the First Department’s decision on rescission of release-time certificates, the New Jersey Public Employment Relations Commission’s holding that New Jersey Transit Bus Operations could unilaterally install security cameras on buses, as well as recent developments in the arena of union discretion in collective bargaining.

    We hope you find the material informative.

  • August 18, 2015 | STROOCK SPECIAL BULLETIN

    "Exposure of XXX/AXXX Credit for Reinsurance Model Regulation Draft and Revisions to Credit for Reinsurance Model Law"

    On August 16, 2015, during the 2015 Summer National Meeting in Chicago, IL, the Reinsurance Task Force (the "Task Force") voted to expose for a forty-five (45) day period the following: 1. Revisions to the Credit for Reinsurance Model Law (#785) (the "Model Law"); 2.

    XXX/AXXX Credit for Reinsurance Model Regulation Draft (the "Regulation"); and 3. Memorandum of the Key Discussion Topics of the XXX/AXXX Credit for Reinsurance Model Regulation (the "Memorandum").

  • August 12, 2015 | STROOCK SPECIAL BULLETIN

    "Seventh Circuit Reverses Course On Dismissals Under Rule 68"

    Vacating the district court's dismissal of a claim for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the "TCPA"), the Seventh Circuit reversed course, putting an end in that Circuit to the strategy of obtaining dismissal based on a complete-relief Federal Rule of Civil Procedure 68 offer of judgment.
    Chapman v. First Index, Inc., 2015 U.S.

    App. LEXIS 13767 (7th Cir. 2015). In so holding, the Seventh Circuit aligned itself with Justice Kagan's dissent in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523, 1532-37, 185 L. Ed. 2d 636 (2013), which reasoned that an expired and unaccepted offer of judgment does not satisfy the Supreme Court's definition of mootness because relief remains possible.


    "California Supreme Court Issues Important Federal Arbitration Act Preemption Ruling"

    On August 3, 2015, the California Supreme Court decided Sanchez v. Valencia Holding Company, LLC, Case No. S199119 (Aug. 3, 2015), holding that the Federal Arbitration Act (“FAA”), as confirmed by the United States Supreme Court in AT&T Mobility v. Concepcion, __ U.S. __, 131 S. Ct. 1740 (2011), preempts the invalidation of a class action waiver contained in an arbitration agreement on unconscionability grounds.

    While the decision is important with respect to the enforceability of arbitration agreements in form automobile sales contracts, which was the particular contract before the Court, it perhaps is most noteworthy because it reflects a shift from the California Supreme Court’s historic hostility to consumer arbitration and class action waivers.


    "D.C. Circuit Court Rules Sec. 4371 Federal Excise Tax Does Not Apply to Foreign-to-Foreign Retrocessions"

    BY: Micah W. Bloomfield, Anthony J. Distinti, Danielle E. Augustson

    On May 26, 2015, the D.C. Circuit Court held in Validus Reinsurance, Ltd. v. United States that the federal excise tax (“FET”) under Section 4371 of the Internal Revenue Code does not apply to foreign-to-foreign retrocessions.

    This decision will, unless the issue gets to the Supreme Court, have significant implications for the U.S.

    taxation of retrocession transactions between foreign (i.e., non-U.S.) parties. Nevertheless, as explained in this Stroock Special Bulletin, the D.C. Circuit Court left many questions unanswered.