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from Photographers' Blog:

Yoga, butt naked

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New York, United States

By Shannon Stapleton

When I was assigned to photograph a naked yoga session my first thought was: how am I going to illustrate this in a way that people will actually be able to publish?

I had to take pictures of a room full of naked people without showing any frontal nudity, and I wanted to do the job in the most artistic way possible without allowing the images to become voyeuristic. 

When I arrived, I was pleasantly surprised to find both the yoga students and the instructor were totally open to what I was doing. They didn’t seem to have any inhibitions about being photographed while naked – and while participating in a very strenuous yoga session at that.

It was a good-sized studio and there was space to move around relatively freely in the room, where the heat was turned up very high. The energy was palpable. Even though I wasn't actually participating in the class, I felt as though I had had my own little workout once the hour-long session was over.

from MuniLand:

New York opens its Green Bank

New York’s Governor Andrew Cuomo announced the launch of the state’s Green Bank to provide financing for in-state alternative energy projects. Here is the skinny:

Governor Andrew M. Cuomo today announced the start of business operations for the New York Green Bank, which will work to stimulate private sector financing and accelerate the transition to a more cost-effective, resilient and clean energy system. The largest green bank in the nation, the NY Green Bank is seeking proposals from private-sector lenders, investors and industry participants that facilitate the financing of creditworthy clean-energy projects in New York State.

from Photographers' Blog:

Slip slidin’ away

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New York, New York

By Andrew Kelly

When an editor reaches out to you with: “Want an assignment that involves biking, drinking, Vikings and shopping carts?” there’s only one answer. And with that, I was Reuters’ assigned photographer for Idiotarod 2014.

The Idiotarod’s website describes it as: “an urban spoof of the Alaskan dog sled race”, namely, the Iditarod, which takes place around the same time.

from Alison Frankel:

MBS investors bring in Paul Clement to appeal N.Y. timeliness opinion

There are probably fewer than 100 lawyers in America who argue regularly before the U.S. Supreme Court and the highest state courts of appeal. And of those, a scant handful argue against corporate interests. That is particularly true when banks are involved: Lawyers who practice at big firms that regularly represent (or hope to represent) financial institutions avoid cases that endanger those relationships, even when one bank is suing another. But the renowned former U.S. Solicitor General Paul Clement left behind those concerns in 2011 when he left King & Spalding and joined Bancroft, a tiny appellate startup. Last year, Clement took up the Supreme Court case of small merchants suing American Express for antitrust violations. (He lost.) Now he's turned up to oppose banks in one of the biggest-dollar appeals in the courts. On Tuesday, as first reported by the New York Commercial Litigation Insider, Clement appeared as counsel of record in HSBC's motion, as a mortgage-backed securities trustee, for the New York Appellate Division, First Department to reconsider its Dec. 19 ruling on the timeliness of MBS breach-of-contract claims or else let the case proceed to the state's highest court.

The appellate opinion in Ace Securities v. DB Structured Products, as you probably recall, shut the door on N.Y. state-court mortgage-repurchase suits filed more than six years after the MBS sponsor closed on its agreement to acquire the underlying loans for securitization. That ruling, as Clement and HSBC co-counsel Kasowitz Benson Torres & Friedman explained in the reconsideration brief filed Tuesday, has the potential to wipe out hundreds of cases already brought by MBS trustees and certificate holders, implicating "hundreds of billions of dollars in losses," according to the brief. Clement and Kasowitz argue that the Appellate Division's skimpy three-page opinion on the timeliness of put-back suits "fails to grapple with...conflicting precedents in a meaningful way," so HSBC should either have a chance to reargue before the intermediate appeals court or to take its case to New York's Court of Appeals. (Quinn Emanuel Urquhart & Sullivan's name isn't on the new filing, but I've been told the firm is involved in the appeal on behalf of the certificate holder that originally directed HSBC to sue over supposedly deficient underlying loans in the Deutsche Bank MBS offering.)

from Alison Frankel:

N.Y. state appeals ruling opens courthouse door to foreign victims

In the last few months, the victims of supposed overseas human rights atrocities have begun to feel the impact of the U.S. Supreme Court's ruling last April in Kiobel v. Royal Dutch Petroleum. As you know, the Supreme Court held that Alien Tort Statute cases cannot proceed in U.S. courts unless they have a significant connection to the United States. As a result, ATS claims by foreign citizens accusing international corporations of abetting torture and murder on foreign soil have since been dismissed against Daimler, Arab Bank, Rio Tinto and KBR. Some ATS cases have survived post-Kiobel scrutiny, as my friend Michael Goldhaber reported for The American Lawyer in August, and alleged victims can still assert claims under Other U.S. laws that specifically apply to conduct abroad. But without a doubt, Kiobel has extinguished the jurisdiction of U.S. courts over a wide swath of human rights litigation.

New York state courts, on the other hand, are ready and willing to hear the cases. Or, at least, that's the implication of a comprehensive decision Tuesday by the state Appellate Division, First Department, that permits 50 Israeli citizens to proceed with claims that Bank of China is liable under Israeli law for facilitating bombings and rocket attacks in Israel by Hamas and Palestine Islamic Jihad. The state appeals court expressly broke with the 2nd Circuit Court of Appeals in holding that Israeli law should apply to the alleged victims' claims because that's where they were injured, rejecting the 2nd Circuit's 2012 decision in a parallel terror-finance case that the laws of the defendant's home jurisdiction should apply because those courts have the greatest interest in regulating the defendant's conduct.

from Alison Frankel:

Morgan Stanley could be to blame for Detroit’s blight: N.Y. judge

In 2012, five African-American Detroit homeowners and a Michigan legal services group asserted a notably creative legal theory in a class action against Morgan Stanley. Their lawyers at Lieff Cabraser Heimann & Bernstein and the American Civil Liberties Union acknowledged that Morgan Stanley didn't write the supposedly predatory mortgages that victimized African-American borrowers in Detroit. Those housing-bubble mortgages were originated by New Century, a notorious subprime lender that went under in 2007. But the suit argued that New Century was writing loans to feed Morgan Stanley's securitization machine. Because Morgan Stanley wanted to bundle certain types of subprime loans into its mortgage-backed securities, the theory went, its policies guided New Century's predatory practices. So according to the homeowners' suit, Morgan Stanley was actually responsible for the disparate impact of New Century's discriminatory lending.

Morgan Stanley seemed downright incredulous at the audacity of the suit. Its lawyers at Wilmer Cutler Pickering Hale and Dorr moved to dismiss the class action, stacking up argument after argument about flaws in the homeowners' legal theory. They're pretty good arguments, too. The overarching theme of the bank's defense is that New Century, not Morgan Stanley, is responsible for the loans it wrote. Morgan Stanley didn't even buy the mortgages of four of the five homeowners who are name plaintiffs in the suit, the motion says, so how can its securitization policies be to blame?

from The Edgy Optimist:

The Obamacare plot twist

For months, we’ve been told that the impending implementation of the Affordable Care Act (aka Obamacare) will lead to soaring healthcare costs and more expensive premiums. That narrative has taken hold, even for those who otherwise support the suite of reforms. And that’s why the recent front-page article in the New York Times, reporting that premiums in New York State may actually fall 50 percent or more, came as such a surprise.

Only a few weeks prior, the Wall Street Journal announced that “Healthy consumers could see insurance rates double or even triple when they look for individual coverage under the federal health law later this year.” Their analysis did acknowledge that ailing individuals could see rates fall, but the driving point was one that has been made ad infinitum by critics of the reforms: costs will soar.

from Alison Frankel:

The next great benchmark manipulation case?

Last spring, when U.S. District Judge Naomi Reice Buchwald of Manhattan decimated the consolidated private litigation over banks' manipulation of the London Interbank Offered Rate, the only claims that remained upright in the rubble of her ruling were those brought under the Commodity Exchange Act, which makes tampering with the price of exchange-traded commodities or futures illegal. Buchwald's opinion cited a plethora of Manhattan federal court decisions that permitted victims of futures price manipulation to move forward with their suits, including three consolidated class actions involving rigged prices for oil futures. I suspect we're going to be hearing a lot more about those cases over the next several months. Even as the class action bar tries to persuade the 2nd Circuit Court of Appeals to reinstate the Libor antitrust claims that Buchwald dismissed, plaintiffs lawyers are gearing up for the next big litigation: claims that BP, Royal Dutch Shell, Statoil and other unidentified conspirators violated commodity and antitrust laws by reporting false prices for North Sea Brent crude oil to the price-setting agency Platts.

Lowey Dannenberg Cohen & Hart filed the first class action, in federal court in Manhattan, on May 22, just days after investigators from the European Commission raided oil company offices in a probe of alleged collusion to distort prices for crude oil and biofuels during the half-hour window in which Platts sets prices. Five more class actions have since hit the docket in Manhattan and one in federal court in Louisiana, all naming BP, Statoil and Shell as defendants. (EC investigators also collected information from Platts, a division of McGraw Hill, but it has not been targeted in the private suits.) Last Thursday, Lowey Dannenberg petitioned the Judicial Panel on Multidistrict Litigation to consolidate the cases before U.S. District Judge Andrew Carter, who's been assigned to oversee all of the New York filings.

from Photographers' Blog:

My day with the Naked Cowboy

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New York City, NY

By Darren Ornitz

Having lived in New York for eight years, Times Square is nowhere near the top of my list of places to photograph. In fact, it’s probably close to dead last. Just the other day however, I got an assignment to roam the chaotic streets trying to find a feature story. Walking through the revolving doors of the Thomson Reuters building, I wondered where I would even begin. While something exciting could happen at any moment, the chances of running into Elmo getting arrested seemed improbable.

After only a few blocks I found myself wedged between a family trying to take photographs of the apparently fascinating Nasdaq building and a bunch of men screaming at me while waving pamphlets in my face about how much fun I’d have sitting on top of a red bus in the middle of bumper to bumper traffic touring the city.

from Full Focus:

Naked cowboy exposed

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Robert Burck, better known as the original 'Naked Cowboy', started performing in Time Square in 1998 and claims to make up to $150,000 a year in tips alone. Photographer Darren Ornitz spent time with Burck and his troupe. Read Darren's personal account here.

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