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After whittling away at a novel antitrust case against the Andy Warhol Foundation until there was nothing left, Boies, Schiller & Flexner is on its way to recovering its client's hefty legal tab from an insurer that balked at covering the defense.
When Andy Warhol died, he left hundreds of millions of dollars' worth of his paintings to a foundation that bears his name. The foundation is the exclusive sales agent for the Warhol art it owns. But it's also the arbiter of authenticity for Warhol works it doesn't own. Is that a conflict of interest? A class action filed by the owner of a Warhol self-portrait whose authenticity has twice been denied says it is.
Sure, the Warhol Foundation beat back claims it rigged the authentication process for disputed works by the famous artist. But can it defeat its insurer's assertion that its defense costs aren't covered?
Cite as: Chevron Corp. v. Berlinger, 10-1918-cv(L), NYLJ 1202478063888, at *1 (2d Cir., Decided January 13, 2011)Before: Leval, B.D. Parker, and Hall, C.JJ.
Years before the phrase "toxic assets" became a cliche, the shareholders of a mortgage company called Household International filed a class action in Chicago federal district court, alleging that Household had engaged in "a massive predatory lending scheme" that inflated the company's financials. The trial in the case begins this week.
Cite as: Cohen v. Viray, 08-3860-cv, NYLJ 1202472745889, at *1 (2d Cir, Decided September 30, 2010)Before: Hall, Livingston, and Chin,* C.JJ.p class="decid
Prosecutors Buoyed by Enron Task Force's Partial Win
A Texas jury's guilty verdict against a former Enron employee and four ex-Merrill Lynch employees for fraud and conspiracy has set the stage for a trial against former Enron executives Ken Lay and Jeff Skilling. The partial prosecutorial victory marked the first attempt to criminally convict former employees and bankers for the energy company -- and, in the words of one lawyer, constitutes "a big win" that will aid other prosecutions.Kasowitz Benson has had mixed luck lately pressing claims that the hedge fund Magnetar Capital colluded with various banks to to place short bets on complex securities backed by subprime mortgages. The firm's luck was all bad this week in its case against UBS AG.
There are still counterclaims against the man whose conspiracy case attracted notoriety in the art world--and sanctions claims against his lawyers.
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