News

Jury Awards $45M for Woman Left Brain Damaged by Falling Shopping Cart

Andrew Denney | June 15, 2018

A Manhattan jury awarded more than $45 million to a philanthropist who was nearly killed by a shopping cart that two adolescents pushed from the fourth floor of an outdoor shopping center in East Harlem.

News

Chief Justice Roberts Speaks Favorably About Judiciary's New Law Clerk Plan

Marcia Coyle | June 15, 2018

Chief Justice John Roberts Jr. joins Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor in supporting the latest effort to bring order and more experienced student applicants to the clerk hiring process.

Citibank Agrees to Pay $100M to Settle AGs' Suit Over Alleged Interest-Rate Manipulation

Dan M. Clark| June 15, 2018

An investigation by Underwood and 41 other state attorneys general led to the allegation Citibank misled other financial institutions about their status with an internationally used interest rate called LIBOR.

Analysis

Court of Appeals Rejects Unavailability of Insurance Exception

Howard B. Epstein and Theodore A. Keyes| June 15, 2018

Read about this important decision in the Corporate Insurance Law column by Howard B. Epstein and Theodore A. Keyes.

Analysis

Litigation Activity in a Single Lawsuit Is No Basis for Civil RICO Claim

Martin Flumenbaum and Brad S. Karp| June 15, 2018

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp look at the recent decision holding that one frivolous, fraudulent or baseless lawsuit cannot constitute a viable RICO predicate act of racketeering activity.

Analysis

Punitive Damages for Violations of the Automatic Stay: Bankruptcy Code 362(k)

Carlos J. Cuevas| June 15, 2018

Bankruptcy Code Section 362(k) authorizes the imposition of punitive damages for a willful violation of the automatic stay. In determining whether to impose punitive damages, several bankruptcy courts have identified five factors to guide their decision.

News

NY Law Journal Congratulates All the Winners in Its Professional Excellence Contest

Susan DeSantis | June 15, 2018

The NY Law Journal would like to congratulate all the winners in its professional excellence contest: Attorney of the Year Finalists Lifetime Achievement Litigation…

Photo

Three Honored at Sanctuary’s “Zero Tolerance” Benefit

Staff| June 15, 2018

Members of New York City’s philanthropic, legal, social justice, civic and business communities gathered last week at the annual gala hosted by Sanctuary for Families.

Photo

Henry L. Stimson Medal Award Presentation at NY City Bar

Staff| June 15, 2018

Presented annually to outstanding assistant U.S. attorneys in the Southern District and in the Eastern District of New York, the medal is awarded in honor of Henry L. Stimson, who served as U.S. Attorney for the Southern District from 1906-1909 and as president of the association from 1937 to 1939.

Commentary

Why Lawyers Should Care About Alarming Increase in Suicide Rate

Mark L. Dubois| June 15, 2018

Suicide in the United States has been on the rise, going up 25 percent since 1999.

Commentary

New York, It Is Time to Put an End to the Use of Gay and Trans "Panic Defense" in Our Courts

Eric Lesh and James Castle| June 15, 2018

What’s more, gay and trans “panic defenses” run afoul of New York’s anti-hate legislation enacted nearly two decades ago, which increases the severity of a specific offense motivated by bias.

Friday Newspaper

New York Law Journal| June 15, 2018

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

News

Judge Denies New Trial in Street Art Case, Faults Property Owner for 'Misleading' Court

Andrew Denney | June 14, 2018

Judge Frederic Block said that at a trial held last year to explore protections for artists’ works housed at the 5Pointz aerosol art gallery in Long Island City, Queens, the judge discovered that property owner Gerald Wolkoff had previously misled about his required timeline for razing the buildings that make up 5Pointz.

In Brief

NYC DAs to Get Combined $15M Funding Boost From City Budget

Andrew Denney | June 14, 2018

The New York City Council’s approved budget for the city’s upcoming fiscal year includes $15.3 million in additional funding for the city’s five district attorneys offices to be spent on pay raises for prosecutors, hiring new staff to sift through police body cam footage and programs to address the opioid crisis.

News

NY Senate OKs Creation of Prosecutorial Misconduct Commission

Dan M. Clark| June 14, 2018

After its approval by the New York state Senate Thursday, a bill to establish a commission to investigate misconduct by prosecutors is expected to be voted on by the Assembly early next week.

News

Weil, Skadden Match Cravath as Firms Aim for Moving Target on Associate Raises

Meghan Tribe | June 14, 2018

With Cleary Gottlieb; Kirkland; Skadden; Weil, Gotshal & Manges and several other law firms now announcing raises, it looks like the dam has broken for increases among the most profitable U.S. firms.

Bitcoin, Blockchain and Smart Contracts: Commercial Law Is About to Be Disrupted

Philip C. Berg| June 14, 2018

New distributed blockchain technology-enabled systems have been developed—and are rapidly gaining acceptance—that will fundamentally change the way many commercial transactions are conducted. Lawyers, bankers and other professionals must adapt.

News

NY Law Journal Announces Attorney of the Year Finalists

Susan DeSantis | June 14, 2018

We don't announce the winner for Attorney of the Year until our recognition dinner in October but we are pleased to recognize our three finalists today.

Trump Charitable Foundation Was Illegally Used to Support Campaign, Underwood Alleges in Suit

Dan M. Clark| June 14, 2018

The lawsuit alleges the foundation was illegally used to support Trump’s 2016 bid for president, pay off the president’s legal obligations, promote Trump brands and purchase personal items.

Fiduciary Duties Arising From Close Personal Relationships

Thomas J. Hall and Thomas R. Commons| June 14, 2018

This column addresses recent decisions out of the Commercial Division that target exactly that question, whether fiduciary duties may arise as a result of a close personal relationship between parties.

News

NY Court of Appeals Denies Trump Stay in Defamation Suit by Ex-'Apprentice' Contestant

Dan M. Clark| June 14, 2018

The decision is a setback for the president and his legal team, who have repeatedly denied claims that Trump sexually assaulted or harassed women prior to taking office.

News

New York Law Journal Names Its Rising Stars

Susan DeSantis | June 14, 2018

Our Rising Stars award recognizes the region’s most promising lawyers who are no older than 40 by the date of submission.

Thursday Newspaper

New York Law Journal| June 14, 2018

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

News

NYC, NY State Spar With Renters and Owners Over Property Tax Scheme

Andrew Denney | June 13, 2018

The suit takes aim at an “inequitable and antiquated” property tax system throughout New York City in which similarly situated properties are saddled with “widely different” tax burdens based on where they are located in the city.

News

Appeals Court Finds NYPD's 'Sound Gun' Has Potential for Excessive Force

Andrew Denney | June 13, 2018

The appeals court’s ruling affirms a finding last year by U.S. District Judge Robert Sweet of the Southern District of New York that long-range acoustic devices are on par with potentially harmful weapons such as flash-bang and concussion grenades.

News

On Stage at Cravath: 'Fast Times at Ruth Bader Ginsburg High'

Meghan Tribe | June 13, 2018

In its annual musical production for CLE credit, the New York American Inn of Court is tackling the life and work of U.S. Supreme Court Justice Ruth Bader Ginsburg.

News

NY Lawmakers Push Measure to Create Prosecutorial Misconduct Monitor

Dan M. Clark| June 13, 2018

Lawmakers are pushing a bill to create a commission that would have the power to investigate complaints against prosecutors and admonish, censure or remove them from office.

News

Ex-Stroock Partner, ERISA Practice Leader Lands at Dechert

Miriam Rozen | June 13, 2018

“I’m going to continue to be very busy, living and loving it,” said Steven Rabitz, who moved his ERISA practice and financial services industry clients from Stroock & Stroock & Lavan to Dechert.

News

Queens County Bar: The Goal of a Bar Association Is to Ensure Its Existence

Susan DeSantis | June 13, 2018

"Bar membership is essential to the growth and development of our members’ practice areas," said Hilary Gingold, president of Queens County Bar Association and principal court attorney for the New York State Unified Court System.

News

New York Law Journal Announces Lifetime Achievement Award Winners

Susan DeSantis | June 13, 2018

Our winners have made an impact on the legal community and the practice of law over an entire career.

News

Energy Companies, City Tangle Over Motion to Dismiss Climate Change Suit

Colby Hamilton | June 13, 2018

New York City has alleged a number of energy companies' contributions to climate change represent a public nuisance, while the energy companies argue the suit should be tossed based on recent U.S. Supreme Court precedent.

Photo

Irish American Bar Holds 'Bloomsday' Celebration

David Handschuh | June 13, 2018

The Irish American Bar Association of New York celebrated life and times of Irish author James Joyce at Federal Hall on Wall Street on Monday.

Analysis

Justice Cardozo’s Opinion in 'Meinhard v. Salmon' Continues to Reverberate

Fred D. Weinstein| June 13, 2018

At the heart of the 'Meinhard' opinion is the concept that a fiduciary has a duty of undivided loyalty and, therefore, may not exploit a corporate opportunity for his or her own self-benefit.

Analysis

Statute of Limitations and Severance of Claims

David M. Barshay| June 13, 2018

In this No-Fault Insurance Wrap-Up, David M. Barshay explains the statute of limitations for an action to recover no-fault insurance benefits against a self-insured. He also looks at motions to sever purportedly unrelated claims.

The Future of Cy Pres Class Settlements

Joseph M. McLaughlin and Shannon K. McGovern| June 13, 2018

Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the Supreme Court’s recent grant of certiorari to decide the propriety and potential limits of cy pres settlements.

Analysis

Ouch! As the US Open Tees Off, Consider the ‘Golf Ball Law’

Leigh Jones| June 13, 2018

Will a spectator injured at the U.S. Open suffer the same fate as an unlucky baseball fan? At least one case says "no."

Photo

Champions of Justice Honored by the National Lawyers Guild

Staff| June 13, 2018

The New York City Chapter of the National Lawyers Guild held its annual dinner and award ceremony at the Angel Orensanz Center for the Arts last week.

Update

McDermott to Drop Michael Cohen as Client: Sources

Ryan Lovelace | Colby Hamilton | June 13, 2018

Cohen may soon be fighting multiple legal challenges without his high-powered lawyers from McDermott, Will & Emery at his side.

Wednesday Newspaper

New York Law Journal| June 13, 2018

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

News

Former Fyre Festival Founder Facing New Ticket Fraud Charges

Colby Hamilton | June 12, 2018

William McFarland was charged Tuesday by the U.S. Attorney's Office for the Southern District of New York in another ticket fraud scheme, despite pleading guilty to multiple fraud counts.

News

Cohen, Trump Lodge No Objection to Special Master's Privilege Calls, Defying Early Signs

Colby Hamilton | June 12, 2018

The deadline for responding to the first set of privilege decisions by the parties in Michael Cohen's case came and went Monday, with sources indicating the Trump and Cohen teams may have had a change of heart.

News

READ THE DECISION: Judge OKs AT&T-Time Warner's $85B Merger

Ellis Kim | June 12, 2018

Read U.S. District Judge Richard Leon's decision here.

News

Sidley Private Equity Practice Head Jumps to Willkie in NY

Dan Packel| June 12, 2018

Matthew Rizzo, who formerly led Sidley Austin's private equity practice, has joined Willkie Farr & Gallagher in New York, while Jessica Sheridan has come aboard in Texas.

News

Finding NY AG Lacks Jurisdiction, Judge Tosses Indictment of Upstate DA

Andrew Denney | June 12, 2018

The case was the first and only time that the Attorney General’s Office has brought charges against a DA since Gov. Andrew Cuomo issued an executive order in 2015 giving the attorney general the authority to act as a special prosecutor in cases where police cause the death of an unarmed civilian.

News

New York Law Journal Announces Litigation Departments of the Year

Susan DeSantis | June 12, 2018

The New York Law Journal would like to congratulate our Litigation Department of the Year winner, our two department finalists and our winners in specialty categories.

News

Lowenstein Sandler Adds White-Collar Defense and Capital Markets Litigation Pro

Ryan Lovelace | June 12, 2018

As an assistant U.S. attorney in Brooklyn, Ryan Wilson helped lead the DOJ team that inked a $7.2 billion settlement with Deutsche Bank last year.

News

New York Law Journal Announces In-House Winners

Susan DeSantis | June 12, 2018

This contest recognizes outstanding work performed by in-house legal departments over the past year.

News

NY Court of Appeals Dismisses AG's Martin Act Claims Against Credit Suisse

Andrew Denney | June 12, 2018

The New York Court of Appeals has pared down claims brought by the state Attorney General’s Office in its $11 billion suit against Credit Suisse, which it accused of misleading investors about the risks of purchasing residential mortgage-backed securities in the lead up to the 2008 financial crisis.

2017, The Year of Many New Landlord-Tenant Laws

Adam Leitman Bailey and Dov Treiman| June 12, 2018

Adam Leitman Bailey and Dov Treiman discuss the many enactments related to harassment, bedbugs, and smoking, the first two of which expand tenants’ rights and the final one intended to constrict them.

News

Judge Forrest, Again, Orders Subpoena Compliance in Trump Fundraiser's Qatari Suit

Colby Hamilton | June 12, 2018

For the third time, U.S. District Judge Forrest ordered Joseph Allaham to produce discovery material subpoenaed as part of a California suit filed by a Trump fundraiser over an alleged discrediting scheme using stolen and leaked emails.

Expert Opinion

Lessons from the SEC’s First Cyber-Disclosure Enforcement Action

Margaret A. Dale and Mark D. Harris| June 12, 2018

In our October 2017 column, we wrote about some of the Securities and Exchange Commission’s new cybersecurity initiatives, including the creation of a new Cyber Unit within the SEC’s Enforcement Division.

Analysis

Let’s Tell It Like It Is: Sexual Abuse by a Cousin Is Incest

Daniel Pollack and Toby G. Kleinman| June 12, 2018

All abuse is traumatic and where one is in a trusting relationship it is even more devastating.

Realty Law Digest

Scott E. Mollen| June 12, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Saunders Ventures v. Morrow,' 'Estate of Parisi,' and 'In re Jian Min Lei v. NYC Department of Housing Preservation and Development.'

New York Law Journal Announces Distinguished Leaders

Susan DeSantis | June 12, 2018

The New York Law Journal congratulates its 2018 Distinguished Leaders.

Expert Opinion

Distracted Driving and Liability Considerations: A Thriving Issue

Michael Hoenig| June 12, 2018

Complex Litigation columnist Michael Hoenig writes: The National Highway Traffic Safety Administration (NHTSA) says distracted driving is dangerous claiming 3,450 lives in 2016 alone. The safety agency adds that 391,000 persons were injured in motor vehicle crashes involving distracted drivers in 2015.

Analysis

The Problem with Law Schools? They Only Prepare Future Lawyers

Rhys Dipshan | June 12, 2018

Speakers at the Thomson Reuters 2018 Legal Executive Forum in New York argue that legal education has fallen behind as the legal industry has shifted to serve more operational and business needs.

Tuesday Newspaper

New York Law Journal| June 12, 2018

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

News

EDNY Judge Rejects Qualified Immunity for Officers in Excessive Force Case

Andrew Denney | June 11, 2018

Finding that qualified immunity has evolved to the point where it can protect police officers who intentionally flout constitutional rights, a federal judge in Brooklyn declined to grant it to four police officers who broke into a man’s house without a warrant while responding to a child abuse report that turned out to be false.

News

Cravath Sets New High in Associate Salary Race

Meghan Tribe | June 11, 2018

The new associate salary scale set by Milbank, Tweed, Hadley & McCloy last week has been surpassed by Cravath, Swaine & Moore. The firm has agreed to pay $5,000 and $10,000 more for its midlevel and senior associates.

News

King & Spalding Can’t Shake Ex-Associate’s Suit in ZTE Matter

Roy Strom | June 11, 2018

The firm may soon face a trial that could provide details on both the travails of the Big Law partnership track and an embarrassing episode that almost led to King & Spalding facing sanctions.

Character and Fitness Panel to Interview Applicants

Patricia Kane | June 11, 2018

Interviews will be held on Thursday, June 14.

Former Assistant U.S. Attorney Ryan Wilson Joins Lowenstein Sandler

Adele Carter| June 11, 2018

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

News

Former Albany-Area Judge Pleads Guilty to Scamming Millions From Estate

Andrew Denney | June 11, 2018

A former Capital Region town justice and lawyer pleaded guilty on Monday to working with a financial adviser to bilk about $11.8 million from trust funds that they were responsible for overseeing.

News

New York Boutique Selendy & Gay Matches Milbank Salary Scale

Meghan Tribe | June 11, 2018

No word yet on whether Philippe Selendy and Faith Gay's alma mater, Quinn Emanuel Urquhart & Sullivan, is also boosting associate pay.

News

Alleging Treatment as 'Sexual Object,' Dentons Employee Sues Firm

Roy Strom | June 11, 2018

The global legal giant has been hit with an explosive suit in New York by a marketing and business development specialist.

News

Judge Orders Nazi-Looted Paintings to Be Sent to Auction House

Andrew Denney | June 11, 2018

A judge has ordered an art dealer to turn over a pair of paintings looted by Nazis from an Austrian Jewish entertainer in the 1930s to a New York City auction house, and upbraided the dealer for infringing on the property rights of the entertainer’s heirs.

Analysis

Do Talking Head 'Experts' Have Special Ethical Responsibilities?

Joel Cohen| June 11, 2018

In his column on Ethics and Criminal Practice, Joel Cohen wonders to what extent press-quotable lawyers are (albeit unintentionally) poisoning jury deliberations by commenting publicly on high-profile cases.

Analysis

No-Poaches and Non-Competes: Democrats' Proposed Legislation Places Employment Practices in Antitrust Crosshairs

Shepard Goldfein and Karen Hoffman Lent| June 11, 2018

Shepard Goldfein and Karen Hoffman Lent discuss Democrats' specific proposals regarding the application of antitrust law to employment issues, in this Antitrust Trade and Practice column.

Analysis

Avoiding The New York Courthouse Through Arbitration May Not Be So Easy

Jonathan M. Sabin| June 11, 2018

In the absence of “critical language concerning enforcement” of the contract, the arbitrator decides all preliminary issues related to arbitration including waiver and statute of limitations defenses.

Analysis

Jury Agrees Defendant Breached Software Implementation Agreement

Richard Raysman and Peter Brown| June 11, 2018

Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision out of California and write: True and enforceable representations in software implementation agreements concerning the location and functionality of the software are integral to the success of the project. Arguably failing to adhere totally to these representations was the subject of 'Copart v. Sparta Consulting,' where a jury awarded the plaintiff nearly $25 million for the defendant’s breach of agreements and statements of work that collectively amounted to a software implementation arrangement.

News

Some Law Firm Staff See Pay Gap Widen as Associate Salaries Soar

Christine Simmons | June 11, 2018

“If they had such a profitable year,” why can’t they give more to staff, one legal secretary asked of her firm. Others say they are paid fairly, and associate raises are well deserved.

News

Berman Touts Lead, Mold Monitoring Accord With NYC as End to Public Housing 'Nightmare'

Colby Hamilton | June 11, 2018

The consent decree, announced by the Manhattan U.S. Attorney's Office on Monday, will see another federal monitor imposed on the city's public housing authority.

Corporate Restructuring and Bankruptcy

Angela Turturro | June 11, 2018

In this Special Report: "Nonprofit Bankruptcy Sales and Transfers," "Plan Support Agreements: Key Considerations for Creditors," "Insolvency Risk Planning for Cross-Border Transactions," "What Constitutes a Transfer of “All or Substantially All” of a Borrower’s Assets for Purposes of Indentures and Credit Agreements?" and "Overview of Plan Support Agreements."

Best Practices

How to Execute a Legal Project

Lean Adviser Legal| June 11, 2018

Establish what's critical, and then focus on that, applying the appropriate resources to every necessary task.

Commentary

'Masterpiece Cakeshop' Is a Reminder of How Far We Still Have to Go

Jeffrey S. Trachtman| June 11, 2018

In reaching for evidence of religious bias in the adjudication of this claim, the Court seemed to strain to protect the sensibilities of the baker – giving short shrift to the humiliation inflicted on his customers.

Monday Newspaper

New York Law Journal| June 11, 2018

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

News

As Law to Open Police Records Is Debated, Tribunal Denies Bid to Shield Info

Andrew Denney | June 08, 2018

An administrative law judge said a controversial law allowing law enforcement agencies to keep disciplinary records secret, a law whose repeal is a current front-burner topic in the New York Legislature, can't be used to shroud any mention of the disciplinary matter.

News

Frieze Art Fair Wasn't Freezing Enough, Exhibitors Claim in Lawsuit

Colby Hamilton | June 08, 2018

A Chicago gallery says workers and festival goers were forced out over intolerable conditions, costing it and other potential class members business.

News

Wood Directs Cohen, Trump to File Privilege Objections Publicly

Colby Hamilton | June 08, 2018

The order Friday was a victory for Manhattan prosecutors and media outlets that objected to the request from Trump's legal team to file their objections under seal and ex parte.

News

Sotomayor Says She's Optimistic About New Law Clerk Hiring Plan

Erin Mulvaney | June 08, 2018

Sotomayor, speaking at the American Constitution Society's national convention in Washington, said she will pay attention to those law schools and judges who follow the hiring plan and will “react accordingly to those who do not.” She is the latest justice to offer support for a law clerk hiring plan that was announced this year.

Nonprofit Bankruptcy Sales and Transfers

Christopher Updike| June 08, 2018

Following the Great Recession, the nonprofit sector faced significant financial headwinds that resulted in increased restructuring and, in some cases, dissolution, of many prominent nonprofits such as Saint Vincent Catholic Medical Centers, the New York City Opera, and The Big Apple Circus. The bankruptcy cases commenced by these organizations over the past several years provide useful guidance when navigating the complex intersection of federal bankruptcy law and New York’s nonprofit laws.

Overview of Plan Support Agreements

Thomas R. Califano and Rachel Ehrlich Albanese| June 08, 2018

The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.

Plan Support Agreements: Key Considerations for Creditors

Gregory G. Plotko and Richard J. Lee| June 08, 2018

PSAs have become a mainstay in the Chapter 11 restructuring process, and it is therefore vital for distressed investors and other creditors to have a clear understanding of the legal terms of a contemplated PSA. This article examines the language of certain key provisions typically found in a PSA, and provides a brief survey of provisions agreed to by debtors in bankruptcy proceedings.

Insolvency Risk Planning for Cross-Border Transactions

Michael J. Venditto| June 08, 2018

There are no absolute protections against the downside risk in any transaction. This is especially the case in cross-border transactions that span multiple jurisdictions. Nevertheless, some careful planning and drafting can improve the prospects for the outcome.

What Constitutes a Transfer of “All or Substantially All” of a Borrower’s Assets for Purposes of Indentures and Credit Agreements?

Kenneth Pasquale and Isaac Sasson| June 08, 2018

As the credit markets have slowly tightened and borrowers look for creative solutions to delever and refinance their balance sheets outside of bankruptcy, it is important to keep in mind that a transfer that is otherwise allowed under a borrower’s debt documents may still be attacked if there are indicia that the transfer is for “all or substantially all” of the borrower’s assets.

News

Report Shows Decline in NYPD Investigations of Protected Activities With Civil Monitor in Place

Colby Hamilton | June 08, 2018

The report was the first by former federal Judge Stephen Robinson, who was installed as civilian oversight following the settlement of two surveillance cases by the NYPD last year.

‘The Tone Deafness Is Astounding': Clients Unhappy About Milbank Associate Raise Announcement

Caroline Spiezio | Dan Clark | June 08, 2018

In-house leaders didn't pull punches in their evaluation of Milbank's big associate raises.

News

UPDATE: Mueller Hits Paul Manafort With Obstruction Charge: Read the Document

Ellis Kim | June 08, 2018

The special counsel has added obstruction of justice to the list of charges the former Trump campaign chairman faces.

Expert Opinion

Spring Kick Off: Important Opinions Impacting the Trusts and Estates Field

Ilene Sherwyn Cooper| June 08, 2018

As the interminable winter has finally come to a close, and spring has thankfully began to emerge, Surrogate and Appellate Courts have been immersed in significant issues affecting trusts and estates practice. The following decisions are a representative sampling of the many important opinions impacting the field.

Expert Opinion

'Verizon' Case Takes Narrow View on Sales Tax Exemption

Joseph Lipari and Aaron S. Gaynor| June 08, 2018

Many people are familiar with the "resale exception" under which, for example, a sale by a clothing manufacturer of shirts to a clothing store is exempt from sales tax because the sales of the shirts by the store are taxable, see N.Y. Tax Law Sections 1101(b)(4)(i), 1105(a).

Commentary

How a NY Lawyer Lost His Job Because of Depression and Anxiety

Peter Lobl| June 08, 2018

The partners at this firm probably saw Steve as a lateral associate who just didn’t work out: He overlooked too many details, took too many breaks during deals and wasn’t proactive enough.

News

NYC Housing Court Judge Susan Avery Denied Reappointment

Susan DeSantis | June 08, 2018

The complaints against her included a 2013 incident in which she chided a lawyer with cerebral palsy for having bad handwriting, according to the letter.

Photo

Judge Pauley Honored at Honorable John E. Sprizzo Reception

David Handschuh | June 08, 2018

The Honorable John E. Sprizzo Reception, hosted by St. John’s University Law School Dean Michael Simons and the Manhattan Alumni Chapter, was held on June 6.

News

Judge Grapples With Democrats' Standing in Trump Emolument Lawsuit

Nate Robson| June 08, 2018

The first emoluments lawsuit filed against Trump was thrown out in New York in December for lack of standing. Those plaintiffs included a nonprofit group, restaurant workers and business owners.

News

Trump, Cohen Get Pushback in Bid to Seal Privilege Objections

Colby Hamilton | June 07, 2018

Both the government and attorneys for a number of media outlets argue that the objections to privilege determinations should be at least partially public.

News

Brooklyn Judge Denies Uber’s Bid to Arbitrate Disabled Rider's Case

Andrew Denney | June 07, 2018

In a ruling that advocates say could open Uber Technologies Inc. up to additional litigation over providing service to disabled people, a New York state court judge in Brooklyn found that the ride-sharing company’s arbitration clause was too ambiguous to move a disabled woman’s suit against the company into arbitration.

News

Federal Suit Challenges Policy Shift in Protections for Young Immigrants

Colby Hamilton | June 07, 2018

Advocates say U.S. Citizenship and Immigration Services abandoned a decadelong policy that protected young adult immigrants.

News

7-Attorney Real Estate Finance Group Heads to King & Spalding

Christine Simmons | June 07, 2018

The lawyers, based in New York, jumped to King & Spalding from 100-lawyer Riemer & Braunstein.

News

Westchester Woman Who Posed as Attorney Sentenced to Probation

Andrew Denney | June 07, 2018

Delilah Torres, 42, was convicted of first-degree offering a false instrument for filing, a class E felony, according to a release from the Westchester County District Attorney’s Office.

News

Norton Rose Fulbright Rebuilds Cybersecurity Group With New Practice Leaders

Miriam Rozen | June 07, 2018

Five months after watching the leaders of its cybersecurity and data protection team decamp for Cooley, Norton Rose Fulbright has raided two other Am Law 100 firms to restock its privacy practice.