News

NY Commercial Division Gives Fuller Embrace to E-Discovery Under New Rule

Andrew Denney | July 20, 2018

Technology-assisted review is nothing new to most practitioners in the Commercial Division, one attorney said, but he added that it is "revolutionary" for the court to adopt a rule encouraging its use.

News

Surveillance Tactics Under Heightened Scrutiny, ‘Destructive’ to Muslim Communities

Erin Mulvaney | July 20, 2018

Government programs and tactics designed to track Muslims in communities around the United States may face heightened scrutiny in the wake of a recent U.S. Supreme Court decision limiting the use of cellphone data in criminal investigations, and a high-profile settlement reached in a lawsuit targeting a New York Police Department program.

News

Trump Was Taped Talking of Paying Playboy Model

Eric Tucker and Jennifer Peltz, Associated Press| July 20, 2018

President Donald Trump's former personal lawyer secretly recorded Trump discussing a possible payment to a former Playboy model who said she had an affair with him, people familiar with an investigation into the attorney said Friday.

Analysis

TV Compensation Considered in Light of 'Roseanne' Cancellation

Michael I. Rudell and Neil J. Rosini| July 20, 2018

In their column on Entertainment Law, Michael I. Rudell and Neil J. Rosini discuss the cancellation of “Roseanne” and the ordering of “The Connors,” which provides a lens to view aspects of various arrangements in the television series business.

News

Dechert Picks Up 18 Products Liability Lawyers From Quinn Emanuel

Dan Packel | July 20, 2018

With the addition of the group, including "Queen of Toxic Torts" Sheila Birnbaum and two other partners who made the move in May, Dechert has increased the size of its global litigation practice by 7 percent.

Analysis

Is Litigation Public Relations Privileged?

John Siegal and Tiffany A. Miao| July 20, 2018

Two recent cases, Behunin v. Superior Court of Los Angeles County, 215 Cal. Rptr. 3d 475 (Cal. Ct. App. 2017), in California, and another in New York, Gottwald v. Sebert, 58 Misc. 3d 625 (Sup. Ct. N.Y. Co. 2017), show that keeping communications strategic planning confidential is not so straightforward. And, these decisions open the door to increased chances for litigants to seek discovery into the litigation public relations efforts of their adversaries.

News

Winston & Strawn Welcomes New CMO From Debevoise

Miriam Rozen | July 20, 2018

Debevoise & Plimpton’s lockstep culture “is a wonderful environment for clients and creates a lot of collegiality,” but it also “drives a lot of consensus decision-making,“ said the firm's recently departed marketing chief.

Friday Newspaper

New York Law Journal| July 20, 2018

Click on the selected day/section to open the New York Law Journal in PDF format.

News

Corporate Ownership of Building Put Lawyer Ad Signs in Violation of Billboard Law: Court

Andrew Denney | July 19, 2018

A Queens lawyer who promoted his law firm on signs attached to buildings he owns through corporate entities cannot sidestep New York City’s permit requirements for outdoor advertising, even though he was selling his own services on the signs, the majority on a Manhattan appeals court has ruled.

News

Energy Companies Win Dismissal of New York City Climate Change Suit

Colby Hamilton | July 19, 2018

U.S. District Judge John Keenan of the Southern District of New York found the city's arguments were ultimately about emissions, which the U.S. Supreme Court had ruled were governed by federal environmental law.

News

Attorneys Sue NYPD for Body Cam Footage From Fatal Shooting of Mentally Disturbed Man

Andrew Denney | July 19, 2018

As part of a broad effort to change how police confront civilians with mental illness, a group of attorneys has sued the New York City Police Department to obtain raw body camera footage from the fatal shooting last year of a man suffering from an apparent mental health crisis.

News

Is Investigation a Backdoor to President Trump's Tax Return?

Bernard Condon, Associated Press| July 19, 2018

Attorney general candidate Zephyr Teachout said shifting from a civil case to a criminal probe into the Trump Foundation could lead to the release of the president's tax returns.

News

As Cosby Defamation Cases Reach SCOTUS, Possible Fresh Look at Lawyers’ Free Speech Rights

Tony Mauro | July 19, 2018

The cases are drawing interest since the justices have not recently taken up disputes over libel and defamation, a part of First Amendment doctrine that is well-settled.

News

Quinn Fires Back in Row With Ex-Partners at Selendy & Gay

Scott Flaherty | July 19, 2018

Responding to a challenge of a so-called forfeiture for competition clause in its partnership agreement, Quinn Emanuel accused former partners of bringing a New York court action as a “publicity gambit" in what, the firm says, should be a confidential dispute.

News

Feds Call for Long Prison Sentence in Corruption Case of Ex-Cuomo Aide

Dan M. Clark | July 19, 2018

In a sentencing memo filed late Wednesday, prosecutors urged U.S. District Judge Valerie Caproni to deliver a heavy sentence to Joseph Percoco to “send a strong message to those who might consider following in this disgraceful tradition.”

News

Lawsuit Seeking Notice Before Transfer of Immigrant Children Moved to Calif. Federal Court From NY

Dan M. Clark | July 19, 2018

U.S. District Judge Jesse Furman of the Southern District of New York ordered the case be sent to Southern District of California Judge Dana Sabraw, who is supervising the reunification of immigrant families by the federal government.

Analysis

Second Quarter Appellate Review

E. Leo Milonas and Andrew C. Smith| July 19, 2018

E. Leo Milonas and Andrew C. Smith bring us their Appellate Division Review, highlighting some of the home runs hit by the Appellate Divisions during the second quarter of 2018.

Analysis

Recent US Bank Legislative and Regulatory Developments: Anything here for non-US banks?

Kathleen A. Scott| July 19, 2018

In her column on International Banking, Kathleen A. Scott discusses how some recent legislative, and proposed regulatory, changes could affect non-US banks operating in the United States.

Analysis

Rental Car Companies Behaving Badly: A Look at the Cases

Thomas A. Dickerson| July 19, 2018

The recent decision of the 11th Circuit Court of Appeals in Venerus v. Avis Budget Car Rental, LLC, No. 16-16993 (Jan. 25, 2018) reminds that the courts have had to deal with the consequences of misleading, deceptive, unfair and unconscionable marketing behavior of some U.S. rental car companies, typically within the context of nationwide class actions.

News

Eyeing SCOTUS Shift, NY AG Underwood Urges Greater State Protection for Abortion Rights

Colby Hamilton | July 19, 2018

Speaking to the Citizens Budget Commission, the AG said new state laws were necessary in the event federal protections were rolled back.

News

Garner Death Disciplinary Proceedings to Begin Immediately: NYPD

Colby Hamilton | July 19, 2018

Four years after the death of Eric Garner at the hands of members of the New York Police Department, internal disciplinary proceedings against two officers involved in the incident are set to begin immediately, an NYPD spokesman confirmed.

Thursday Newspaper

New York Law Journal| July 19, 2018

Click on the selected day/section to open the New York Law Journal in PDF format.

News

Lancman Eyeing Run for Queens DA, Aided by $793K War Chest

Andrew Denney | July 18, 2018

New York City Councilman Rory Lancman, a Democrat who represents Fresh Meadows, Jamaica and other sections of eastern Queens, said he is looking at a run for Queens district attorney.

News

As Council OKs House-Sharing Regs, Airbnb Host Charges NYC With Retaliation for Exercise of Free Speech

Andrew Denney | July 18, 2018

The City Council passed a bill that would require Airbnb to report the names and addresses of its hosts to the city’s Office of Special Enforcement; failure to comply could be punishable by fines ranging from $5,000 to $25,000.

News

Cuomo Administration Offers Underwood Criminal Referral in Trump Foundation Probe

Dan M. Clark | July 18, 2018

Counsel to Gov. Andrew Cuomo said in a statement directed at New York State Attorney General Barbara Underwood that the state is ready to provide a criminal referral to her so she can pursue criminal charges beyond the lawsuit she filed last month.

News

NYC Agrees to Pay $20.8M to Nurses Barred From Early Retirement

Andrew Denney | July 18, 2018

The New York City government has agreed to put up $20.8 million in back pay to settle a discrimination suit filed by city-employed registered nurses and midwives who had to wait several years longer than workers in predominantly male positions to retire with full pensions.

MoFo Energy Lawyers Head to Baker Botts on 2 Coasts

Dan Packel | July 18, 2018

A year after landing MoFo's energy and environment practice group chairman, Baker Botts continues to tap the firm for energy talent, picking up attorneys in San Francisco and New York.

News

NY Financial Regulator Tightens Reins on Life Insurance Sales Practices

Dan M. Clark | July 18, 2018

Insurers will be required to supervise recommendations by agents and brokers to consumers on life insurance policies in an effort to avoid any financial conflicts of interest.

Calendar of Events

Patricia Kane | July 18, 2018

Upcoming events and CLE classes by local bar associations, courts and other presenters.

News

In Acquisition Spree, Barclay Damon Bolts On 14-Lawyer Bankruptcy Firm

Christine Simmons | July 18, 2018

Barclay Damon leader John Langan said the group's addition "positions us for the next down cycle.”

Cheryl Ginsburg Promoted to Partner at Zingman & Associates

Adele Carter | July 18, 2018

And other announcements of recent hirings and promotions for New York attorneys.

Insider Trading Law After 'Martoma'—What Is the Status of Gossip?

John Coffee| July 18, 2018

In his Corporate Securities column, John Coffee discusses “U.S. v. Martoma,” and the “gift” theory in insider trading cases involving tips.

Analysis

Psychological Testing: Controversy and Consensus

Timothy M. Tippins| July 18, 2018

In his column on Matrimonial Practice, Timothy M. Tippins explores the current controversy regarding the reliability of psychological testing in custody determinations.

Analysis

Needed: An Independent Federal Judicial Monitor

Robert H. Tembeckjian| July 18, 2018

Recent congressional hearings, prompted by reports of inappropriate sexual behavior by a prominent federal appellate judge and other alleged wrongdoing, illustrated the ineffectiveness inherent in a system where the judiciary polices itself.

News

Cornell, NYU Law to Accept the GRE

Karen Sloan | July 18, 2018

Seven of New York's 15 law schools are now accepting the GRE in addition to the LSAT, and Cornell becomes the second to allow the GMAT as well.

News

NY State, City Suing Trump Administration Over Rule Curtailing Funding for 'Sanctuary' Jurisdictions

Dan M. Clark | July 18, 2018

The lawsuits seek to strike down conditions to the grant that require states and localities to cooperate with federal immigration authorities.

News

US Judge Katherine Forrest Retiring From Federal Bench in Manhattan

Colby Hamilton | July 18, 2018

She was nominated to the federal bench by President Barack Obama in 2011.

News

NYC Bar Association Releases Cross-Border E-discovery Guidelines

Rhys Dipshan | July 18, 2018

The guidelines discuss case law that governs international data production, an area of particular concern to NYC-based attorneys that often serve a large amount of international clients.

Expert Opinion

The Full-Payment Rule Strikes Hard: A Look at a Recent Decision

Jeremy H. Temkin| July 18, 2018

It has long been settled law that a taxpayer challenging a tax deficiency assessed by the Internal Revenue Service in federal district court is required to “pay first and litigate later.”

Wednesday Newspaper

New York Law Journal| July 18, 2018

Click on the selected day/section to open the New York Law Journal in PDF format.

News

NY Opioid Litigation on Fast Track as Judge Rules Counties May Press Claims Against Distributors

Andrew Denney | July 17, 2018

A New York judge presiding over the state courts' multicounty opioid litigation in Suffolk County brought on behalf of a coalition of New York counties, which is being closely watched by courts in other jurisdictions around the country, has refused to toss claims against drug distributors.

News

Evan Greebel Shouldn't Go to Jail, His Former Law Partners Say

Christine Simmons | July 17, 2018

The former Big Law partner and lawyer to imprisoned ex-pharmaceutical executive Martin Shkreli "had a terrible encounter with the devil incarnate," one of his former law firm partners told a judge.

News

Former Employee of NYC's 'Taxi King' Wins Award in Sexual Harassment Suit

Andrew Denney | July 17, 2018

A federal judge in Brooklyn has awarded more than $1.34 million to a woman who brought a sexual harassment suit against Evgeny Freidman, New York City’s so-called “Taxi King” and a former business associate of President Donald Trump’s former personal attorney, Michael Cohen.

News

DAs Urge Cuomo to Veto Bill to Set Up Prosecutorial Conduct Watchdog

Dan M. Clark | July 17, 2018

Staten Island District Attorney Michael McMahon and Queens District Attorney Richard Brown wrote in the letters that the commission is unnecessary and unconstitutional.

News

SDNY Prosecutors Have 3.2M Items From Cohen Raid—and Counting: Special Master Reports

Colby Hamilton | July 17, 2018

A special master reviewing the material seized from Michael Cohen's home and offices in April has already released 3.2 million items to federal prosecutors, with more still expected, based on recent court filings.

News

Lawsuit Seeks 48-Hour Notice Before Transfer of Separated Immigrant Children Held in NY

Dan M. Clark | July 17, 2018

The lawsuit was filed on behalf of two undocumented children who the Legal Aid Society said were scheduled to be transferred immediately out of New York to a detention center in Texas that is not licensed to care for children.

Rights of First Refusal and Lender Remedies

Jeffrey B. Steiner and Scott A. Weinberg| July 17, 2018

In their Financing column, Jeffrey Steiner and Scott Weinberg discuss the potential of a Right of First Refusal to frustrate a lender’s ability to exercise remedies and certain steps a lender may take to protect itself against such potentiality.

News

Former State Senate Majority Leader Again Found Guilty on All Counts in Retrial

Colby Hamilton | July 17, 2018

Dean Skelos was accused of leveraging his power over companies in need of government assistance to secure low- or no-show jobs for his son Adam Skelos.

Analysis

A Review of 'Ambac Assurance Corp. v. Countrywide Home Loans'

William T. Russell Jr. and Lynn K. Neuner| July 17, 2018

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner analyze an important decision in the residential mortgage-backed securities litigation saga.

News

Greenberg Traurig Co-Founder, Legal Titan Robert H. Traurig, Has Died

Zach Schlein | July 17, 2018

Robert Traurig leaves behind an immense legacy in his adopted city of Miami.

News

Cleary and Legal Aid Client Walks Free After 25 Years in Prison

Christine Simmons | July 17, 2018

In all, at least nine convictions linked to former Brooklyn detective Louis Scarcella have been vacated.

An Evanescent Supreme Court Nomination: The Gov. Mario M. Cuomo Story

Joseph W. Bellacosa| July 17, 2018

An example from the early ‘90s offers some perspective on the subject of the looming confirmation battle of a Supreme Court nominee. The name of then-Governor Mario M. Cuomo was floated, and after a short tease, disappeared into an historical footnote. What happened?

Realty Law Digest

Scott E. Mollen| July 17, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Bistro Shop and Penny Bradley v. N.Y. Park N. Salem, Inc.," where a commercial restaurant tenant was found entitled to rescission where the owner was still doing construction work almost a decade After commencement of the lease.

News

NY Leads Challenge to New Law's Cap on State, Local Tax Deduction

Dan M. Clark | July 17, 2018

The lawsuit aims to strike down the $10,000 cap on deductions of local property, sales and state income taxes included in the Republican tax law passed last December.

Tuesday Newspaper

New York Law Journal| July 17, 2018

Click on the selected day/section to open the New York Law Journal in PDF format.

Court Notes

Patricia Kane | July 17, 2018

CourtNotes, offered exclusively by the New York Law Journal, is a comprehensive listing of news and updates from the Federal, State and Appellate Courts. CourtNotes is updated on a daily basis to bring you the most current information happening in the New York Courts today.

News

Gender, Pregnancy Bias Suit Against Jay-Z's Streaming Music Service Clears Hurdle, But Is Pared Down

Colby Hamilton | July 16, 2018

Lisette Paulson sued Tidal, Jay-Z's entertainment company Roc Nation, and a number of individual Tidal managers in 2016, claiming seven federal and state sex and pregnancy violations after being fired the previous year.

News

NY State Officials Open Probe of Jared Kushner's Real Estate Co. Over Allegations It Forced Out Tenants

Dan M. Clark | July 16, 2018

The investigation is being handled by the governor’s Tenant Protection Unit, an office within the state Division of Homes and Community Renewal that reviews complaints of tenant harassment.

News

New Trial Bar Leader Fights Back as He Sees Patients, Consumers Facing Greater Odds

Andrew Denney | July 16, 2018

David Oddo, a name partner at Okun, Oddo & Babat, is taking the reins of the New York State Trial Lawyers Association just as the cards in his view have “become increasingly stacked” against patients and consumers.

News

In 'Bellwether,' Judge Rejects Spousal Share for Caretaker Who Married Businessman at Life's End

Andrew Denney | July 16, 2018

The caretaker for a businessman who married him in his final days forfeited her statutory share of his estate because she knowingly married him while he was mentally incapacitated, a Surrogate’s Court judge found.

News

McDermott Settles Legal Malpractice Suit Over CEO Separation Agreement

Christine Simmons | July 16, 2018

After ex-client Destination Marketing sued the firm, McDermott brought counterclaims for allegedly failing to pay attorney fees.

News

Retired Judge Robert G.M. Keating Has Died at 76

MP McQueen | July 16, 2018

Judge Keating, who also was credited with creating the first community court in the U.S. for low-level and drug offenses, died on July 14 at age 76, according to Fairchild Sons Funeral Home in Garden City, N.Y.

News

NYPD Says It Will Proceed With Disciplinary Action Over Garner Death

Colby Hamilton | July 16, 2018

In a letter to a top DOJ official, Chief Lawrence Byrnes said the department intended to move forward with internal disciplinary proceedings Sept. 1 if federal authorities do not act against the officers involved in the death of Eric Garner.

News

New York State Needs More Judges, Outgoing Senate Judiciary Chairman Says

Dan M. Clark | July 16, 2018

That would require more funding in the state budget, where spending for the judiciary has been capped in recent years, said State Sen. John Bonacic, R-Orange, the outgoing chairman of the Senate Judiciary Committee.

Analysis

Litigation

Staff| July 16, 2018

In this Special Report: "The Evolving Litigation Marketplace Demands New Ways of Doing Business," "A Field Guide to Channelling Injunctions and Litigation Trusts," "Emerging Trends in Representation & Warranties Insurance Claims" and "The Workforce Mobility Act: The Wrong Solution for Non-Compete Litigation."

Analysis

The End of NY's Unique Approach to Expert Witness Disclosure in Med Mal Cases

John L.A. Lyddane| July 16, 2018

Since the amendment of Section 3101(d) in 1985, New York state has required that litigants in medical malpractice cases disclose the substance of the testimony they expect to produce through their expert witnesses at trial.

Analysis

New York Court Confirms Enforceability of UCC Equity Interest Pledges

Janice Mac Avoy, Matthew D. Parrott, Cynthia Luo| July 16, 2018

Justice Barry Ostrager's holding in the HH Cincinnati case is highly significant. It represents the first written decision under New York law expressly confirming that when parties to complex commercial real estate financing transactions decide to include both a real property mortgage and a pledge of UCC security interests as collateral for the loan, the lender’s right to enforce its remedies pursuant to either security interest will be fully enforced.

Archiving the Internet: The 'Wayback Machine" in the Courts

Stephen Kramarsky| July 16, 2018

In his Intellectual Property column, Stephen Kramarsky discusses the ‘Wayback Machine,’ an “inconceivably large, entirely free archive that captures and preserves evidence of the contents of the Internet at a given time.”

In Brief

NY Financial Services Dept. Grants Virtual Currency License to Blockchain Payment Processor

Dan M. Clark | July 16, 2018

The licensing follows a review by the DFS of BitPay’s anti-money laundering, anti-fraud, capitalization, consumer protection and cybersecurity policies.

News

5 Things to Know About Rachel Kovner, Trump's Nominee for a NY Federal Judgeship

Tony Mauro | July 16, 2018

Here's how she got picked for the nomination, and the number of cases she's argued before the high court since 2013.

Expert Opinion

A Roundup of Tax Law Rules for Deducting Interest Payments

Sidney Kess| July 16, 2018

Interest rates are on the rise, albeit slowly. Still, individuals and businesses with debt can reduce the cost of borrowing if they can deduct their interest payments.

News

Fed. Judge Quickly Curtails Drama Over Alleged 'Threatening' Calls to Wigdor

Colby Hamilton | July 13, 2018

U.S. District Judge George Daniels of the Southern District of New York succinctly put an end to a dramatic tangential episode in the ongoing lawsuit against Fox News and two people connected to a now-retracted story about the murder of former Democratic National Committee employee Seth Rich.

News

LIRR Commuters’ Suit May Continue Without Claim Notice, Judge Finds

Andrew Denney | July 13, 2018

Just as riding the Long Island Rail Road commuter train requires a ticket, bringing tort or contract claims against it typically requires a claim notice.

News

As NY Health Dept. Backs Marijuana Legalization, Attorneys Eye New Practice Area

Dan M. Clark | July 13, 2018

Legalization would create a new area of law for attorneys in New York to practice that has only been addressed through the state’s medical marijuana program.

News

Blasting Greenberg Traurig Request, Judge Says Fees 'Zooming Out of Control'

Christine Simmons | July 13, 2018

“By requesting astronomical fees, attorneys are in danger of killing the goose that laid the golden egg,” a Manhattan judge admonished.

Analysis

The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation

Richard Schoenstein| July 13, 2018

A discussion of the litigation aspects of restrictive covenants.

A Field Guide to Channelling Injunctions and Litigation Trusts

Gary Svirsky, Tancred Schiavoni, Andrew Sorkin, and Gerard Savaresse| July 13, 2018

A discussion of negotiating and litigating channeling injunctions—powerful tools available in asbestos and mass-tort bankruptcies that can provide comprehensive solutions for debtors, tort claimants, and interested non-debtor companies. The article explains the ins-and-outs of how channeling injunctions work, who can benefit from them, and what factors a company might consider in weighing whether to participate in a channeling injunction.

Emerging Trends In Representation & Warranties Insurance Claims

Douglas Bloom| July 13, 2018

You closed the deal on an important acquisition. Now, a few weeks in, you’re slowly beginning to realize that the business you purchased is different from the business you diligenced. Liabilities are popping up out of nowhere. As this drama unfolds, you take comfort in the fact that you purchased a representation and warranties insurance policy as part of the transaction. Now comes the hard part.

Commentary

Book Review: Treatise Covers the Bases on the Defense of Civil and Criminal Probes

Jeffrey M. Winn| July 13, 2018

First published in 2011, and now in its fourth edition, this handbook of best practices for handling government investigations makes important contributions to the professionalism of this preeminent area of the law.

The Evolving Litigation Marketplace Demands New Ways of Doing Business

Mario D. Cometti| July 13, 2018

Artificial intelligence is virtually everywhere. But forget about Alexa, self-driving cars and those pesky pop-up ads that follow you around the Internet. Think litigation tools. As the legal profession adapts to changes in the marketplace, more law firms are looking for alternative ways of doing business.

Analysis

Second Circuit to Decide Validity of Arbitrator’s Certification of Class Including Absent Members

Samuel Estreicher and Holly H. Weiss| July 13, 2018

Samuel Estreicher and Holly H. Weiss analyze 'Jock v. Sterling Jewelers,' a case pending in the Second Circuit, in this Arbitration column.

Analysis

Getting One’s Practice in 'Order'

Patrick M. Connors| July 13, 2018

In his column on New York Practice, Patrick M. Connors discusses the filing, entry and service of orders. These seemingly small, dry procedural steps can be critical in litigating a case.

Analysis

Understanding California's Game-Changing Data Protection Law and its Global Impact

Emily Tabatabai, Antony Kim and Jennifer Martin| July 13, 2018

California’s new Consumer Privacy Act of 2018 will likely have a significant impact on core business operations. That's true whether your business is based in New York, Europe or Asia.

In Brief

Challenge to NYC Rezoning Fails as Judge Dismisses Objection Over Gentrification Impact

Dan M. Clark | July 13, 2018

The residents claimed in a lawsuit against the city last year that the city’s environmental review of the rezoning projects was unlawful because it failed to consider how rent-stabilized tenants would be affected, particularly through gentrification.

News

Read the Document: 12 Russians Indicted Over 2016 Hacks of DNC, Clinton Emails

Colby Hamilton | Ellis Kim | July 13, 2018

All 12 are members of the Russian military intelligence service GRU, the DOJ said.

News

Federal Suit Against Online Retailers, Marketer for Invasion of Privacy Is Dismissed

Colby Hamilton | July 12, 2018

U.S. District Judge William Pauley III found the numerous federal and state claims that code used by online retailers to gather detailed information from visitors to three online retailers failed.

News

Three Brooklyn Judges Reassigned Out of Borough Over Productivity Issues, Sources Say

Andrew Denney | July 12, 2018

Three Brooklyn Supreme Court judges have been transferred to new posts in other boroughs for, according to sources, falling behind on their caseloads, not holding enough trial days and spending too much time away from the bench.

News

Former SUNY Official Found Guilty on Federal Bid-Rigging Charges

Dan M. Clark | July 12, 2018

Alain Kaloyeros, the former president of SUNY Polytechnic Institute, was found guilty on Thursday on all three counts against him in a federal corruption…

News

Opioid Distributors Sue New York State Over Surcharge They Call 'Unconstitutional'

Dan M. Clark | July 12, 2018

The lawsuit seeks to strike down a new law that mandates opioid manufacturers and distributors collectively pay $100 million each year to the state over the next six years.

News

Cuomo Threatens Lawsuit if 'Roe' is Overturned. But Against Whom?

Dan M. Clark | July 12, 2018

Gov. Andrew Cuomo promised on Wednesday to sue if the U.S. Supreme Court overturns Roe v. Wade sometime in the future. But the question on social media after that promise quickly became: Sue whom?

The Global Impact of the #MeToo Movement (Part 2)

Kristie Rearick | July 12, 2018

In the first part of this article, I discussed the current political climate and widespread social media use helped #MeToo promulgate its message and impact numerous industries throughout the United States.

Analysis

Cramdowns and the Uncertain Efficient Market Post-'Momentive'

James H.M. Sprayregen and Madeleine C. Parish| July 12, 2018

As a result of the potential consequences and risks to both debtors and creditors posed by Momentive, there still remain significant opportunity and reasons for why parties should look for consensual resolutions outside of the courtroom when presented with cramdown issues.

Stay Pending Criminal Appeal, Conflict of Interest and Restitution and Forfeiture

Harvey M. Stone and Richard H. Dolan| July 12, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government’s motion to disqualify an attorney in a criminal case for an unwaivable conflict of interest and on a decision involving restitution and forfeiture.

News

Cleary's Lewis Liman, SDNY Nominee, Reports $37.7M Net Worth, $2.8M Partner Income

Christine Simmons | July 12, 2018

Liman’s partnership income and total assets dwarf those of some other law firm partners nominated by Trump for the federal bench in recent months.

In Brief

Border Protection Says NYC Mayor Crossed Border Illegally

Associated Press| July 11, 2018

New York City Mayor Bill de Blasio and his security detail violated both Mexican and U.S. immigration laws by crossing the border on foot during a…

In Brief

Hudson Valley Health Care Provider Agrees to Pay $15.6 Million for False Claims

Dan M. Clark | July 11, 2018

Health Quest Systems Inc. and a subsidiary hospital, Putnam Hospital Center, accepted responsibility for submitting improper claims to the government from April 2009 to June 2015.

News

Online Lenders Should Be Subject to State Regulations, DFS Says

Dan M. Clark | July 11, 2018

The proposal is the result of a survey the DFS sent to 48 online lenders in New York state. Thirty-five of those lenders responded to the survey.

Eric Komitee, Trump Pick for NY Court, Made Millions as Hedge Fund GC

C. Ryan Barber | July 11, 2018

Komitee joined the New York-based hedge fund in 2008 following an eight-year stint in the U.S. Attorney’s Office in Brooklyn. He identified his net worth at nearly $60 million, according to newly disclosed financial records.

News

What's Next for Blue State AGs as SCOTUS Gains New Conservative?

Dan M. Clark | July 11, 2018

New York and other states with Democratic attorneys general have two options with a new, solidly conservative judge on the Supreme Court: play defense or offense.

Judging Justice Scalia

Benjamin Rosenberg| July 11, 2018

Dechert partner Benjamin Rosenberg reviews Richard Hasen's book "The Justice of Contradictions: Antonin Scalia and The Politics of Disruption."