Wednesday Newspaper

New York Law Journal| September 19, 2018

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

News

New York's Lippes Mathias Lands With Akin Gump Pair in DC

Dan Packel| September 18, 2018

The expansion into Washington gives the firm two new practice leaders and a federal lobbying presence.

News

Mintz Adds Ex-Prosecutor in New York

Meghan Tribe| September 18, 2018

The firm is beefing up its stable of former prosecutors in the Northeast with former SDNY prosecutor Jason Halperin and ex-Boston DA Daniel Conley.

News

State AG Refers 3 Virtual Currency Trading Platforms to DFS for Investigation

Dan M. Clark | September 18, 2018

The report itself found significant holes in a market that still remains widely unregulated despite the state’s efforts.

News

For Nestlé Waters' Chief Counsel, Sustainability Is More Than a Drop in the Bucket

Sue Reisinger | September 18, 2018

Anna Marciano, chief counsel for CSV (creating shared value), sustainability and corporate affairs at Stamford, Conn.-based Nestlé Waters North America, talks about the responsibilities of her position. "I also think it’s important for lawyers not to think of themselves as just lawyers," she said.

Analysis

Will This Crypto Case Push Federal Regulators to Tackle More ICO Fraud?

Ian Lopez | September 18, 2018

A U.S. district court of New York ruling allowing a jury to apply securities laws in an ICO fraud case may set the stage for regulators to heighten actions in the nascent marketplace.

News

NY Court of Appeals Upholds Bar on Electoral Bids by State Agriculture Officials

Dan M. Clark | September 18, 2018

A five-judge majority saw no problem with the rule, aimed at curbing potential conflicts, but a dissenting judge says employees are losing First Amendment rights without sufficient rationale.

Analysis

Realty Law Digest

Scott E. Mollen| September 18, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses ‘Sanjana v. King,’ where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; ‘230 E. 48th St. LLC v. Campisi,’ where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and ‘E. Midtown Plaza Hous. Co. v. Gamble,’ where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.

News

Hughes Hubbard’s Long Lehman Brokerage Wind-Down Could End in 2019

Roy Strom | September 18, 2018

Wednesday will mark a decade since James Giddens, head of the firm's bankruptcy and corporate reorganization group, was named trustee for the liquidation of the failed banking giant’s brokerage unit.

Analysis

Cross-Examination: Beyond Lead, Lead, Lead

Ben Rubinowitz and Evan Torgan| September 18, 2018

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: To be effective with cross-examination, the trial attorney must know what her objective is and how to get there. All crosses must start at the end—with what attorney intends to prove. Once the attorney knows what she intends to prove, she can use different techniques such as changing the tone of her voice, focusing the question for the witness, asking low risk open ended questions and making statements with a question at the end.

Analysis

Defense Costs Coverage 101

Howard B. Epstein and Theodore A. Keyes| September 18, 2018

Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes write: Upon receipt of a claim, the risk manager or in-house counsel should coordinate with the company’s insurance broker to make sure notice is submitted to the insurer. However, even earlier, in anticipation of claims, counsel should review the terms of the relevant insurance policies and develop an understanding of the defense cost coverage provisions.

Analysis

Recording Mortgages: Getting It Right First

Jeffrey B. Steiner and Dino Fazlibegu| September 18, 2018

In their Financing column, Jeffrey Steiner and Dino Fazlibegu warn attorneys representing mortgage lenders to be careful drafting loan documents to avoid their client’s mortgage being primed by another mortgage. They use the case 'JPMorgan Chase Bank v. Zhan Hua Cao' as an example that there is no substitute for careful review of the details.

Analysis

EDNY: U.S. Securities Laws Can Be Used to Prosecute ICO Fraud

Deborah Meshulam, Benjamin Klein and Richard Kelley| September 18, 2018

On Sept. 12, 2018, an EDNY judge issued an order finding that a federal indictment adequately pled that defendant promoted digital tokens through initial coin offerings (ICOs) in violation of U.S. securities laws. This is the second known instance where a federal judge has found that offer or sale of digital tokens can qualify as investment contracts subject to federal securities laws.

News

Visa, Mastercard Agree to Pay $6.2B to Merchants in Settlement of Antitrust Litigation

Andrew Denney | September 18, 2018

Visa, Mastercard and a number of U.S. banks have reached an agreement to pay $6.2 billion to settle a long-running class action suit brought by millions of merchants over card swipe fees.

News

Lawyers for Ex-Skadden Partner Deny He Shared Ukraine Report With US Officials

Christine Simmons | September 18, 2018

Greg Craig's lawyers say their client "never disseminated Skadden’s report" to U.S. officials, and he did not have to register as a foreign agent.

News

Saks Data-Breach Class Suits Transferred From LA to Manhattan Federal Court

Colby Hamilton | September 18, 2018

Despite similar cases recently resolving in voluntary dismissal, two new class suits over a data breach faced by Saks and its sister companies have been transferred to Manhattan federal court from the Central District of California including one placed on the docket Tuesday.

Q&A

Cassin & Cassin: A Firm That Doesn't Have a Minimum for Billable Hours

Susan DeSantis | September 18, 2018

"We recognize that our attorneys have lives outside of work; we offer a true work-life balance environment and don’t have a minimum billable hours requirement," said Cassin & Cassin managing partner Michael Hurley.

News

Kavanaugh Clerks Who Have Supported Him Publicly Remain Committed

Tony Mauro | September 18, 2018

“The recent allegation is flatly inconsistent with everything I know of him," one former Kavanaugh clerk, Sarah Pitlyk, says.

News

Court Notes

Patricia Kane | September 18, 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.

Tuesday Newspaper

New York Law Journal| September 18, 2018

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

News

NY Lawyers Eye Impact of New Statewide Appellate Rules

Dan M. Clark | September 17, 2018

The new rules are aimed at harmonizing procedures of the Appellate Division's four departments, which historically have operated with a great deal of autonomy and independence.

News

NY Suit Against OCC Could Delay Regulatory Clarity for Fintech Companies

Caroline Spiezio | September 17, 2018

But New York's Department of Financial Services Superintendent Maria Vullo again filed a lawsuit Friday in the U.S. District Court for the Southern District of New York that could further delay national regulation of fintech companies, lawyers said. DFS previously filed a suit hoping to block the OCC charter, but it was dismissed as premature last December.

News

Trump Pushes Back on Ex-'Apprentice' Contestant's Effort to Get Info About More Accusers

Andrew Denney | September 17, 2018

President Donald Trump is pushing back against an effort by a woman suing him for defamation for the president to produce information about other women who have accused him of sexual harassment, deriding it as a means to harass and distract him from his official duties.

News

Multistate Bar Exam Scores Sink to 34-Year Low, Pass Rates Sag

Karen Sloan | September 17, 2018

Upticks in the average MBE scores in July 2017 and 2016 had fueled hopes of a recovery in bar exam pass rates, but the latest figure indicate otherwise.

Analysis

No-Poaching and Non-Compete Provisions: Long-Time Practices Go Under the Microscope

Rupert M. Barkoff| September 17, 2018

Franchising columnist Rupert M. Barkoff discusses a new employment issue that is taking center stage—the subject of employee “poaching” in the franchising context.

Analysis

The Foreseeability Charge in Medical Malpractice Defense

John L.A. Lyddane| September 17, 2018

Medical Malpractice Defense columnist John L.A. Lyddane writes: The foreseeability defense is frequently blended into the issue of causation, but there are clear advantages to the defense where the distinction can be articulated.

Analysis

Making a Spectacle of Making Spectacles

Stephen M. Kramarsky| September 17, 2018

Intellectual Property columnist Stephen M. Kramarsky discusses a case in which the court examined improper use of confidential information for business evaluation.

Analysis

Tipping Liability in the Wake of ‘Martoma II’

Nicole M. Argentieri, Andrew J. Geist and Robert Ennis| September 17, 2018

As reflected in the split decisions in 'Martoma I' and 'Martoma II', there will continue to be litigation post-'Salman' about what constitutes a personal benefit.

News

Prosecutors Seek Forfeiture of Money Paid to Bribe Ex-Cuomo Aide

Dan M. Clark | September 17, 2018

Prosecutors wrote in a letter motion to U.S. District Judge Valerie Caproni of the Southern District of New York that they could not agree to a forfeiture amount with Percoco’s defense team—so they’re asking for it all.

News

NY Firms Among Those Donating $15 Million to Global Environmental Pro Bono Effort

Xiumei Dong| September 17, 2018

Nine large law firms have pledged to deliver $15 million in free legal services by 2020 in order to advance sustainability around the world.

News

Debra Katz: Kavanaugh Accuser Is Willing to Testify About Misconduct Claims

Tony Mauro | September 17, 2018

"My client will do whatever is necessary to make sure that the Senate Judiciary Committee has the full story and the full set of allegations to allow them to make a fully informed decision," Debra Katz of Washington's Katz, Marshall & Banks said Monday.

Monday Newspaper

New York Law Journal| September 17, 2018

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

News

A Series of Rare Appellate Reversal Orders, All From One Queens Justice's Courtroom

Colby Hamilton | September 16, 2018

Queens Supreme Court Justice Ronald Hollie has repeatedly interjected himself into trial proceedings, forcing appellate panels over the past two years to order new trials before new judges at least four times.

News

Greg Craig Repped by Bill Taylor & Zuckerman Spaeder Amid SDNY Investigation

Ellis Kim | September 15, 2018

The former of counsel at Skadden is facing a federal investigation tied to special counsel Robert Mueller’s probe into Russian interference in the U.S. elections.

News

NYC Council Considering Bill to Further Expand Tenants’ Right to Counsel

Andrew Denney | September 14, 2018

One councilman wants to see the program expanded to cover tenants who are at 400 percent of the poverty level or below, the equivalent of making $15 an hour at a full-time job.

News

State Criminal Tax Subpoenas Fell, Civil Tax Subpoenas Rose in the Last Decade

MP McQueen | September 14, 2018

Criminal subpoenas issued by the state tax department declined in the last decade, an investigation by the New York Daily News showed, but the numbers also showed an increase in civil subpoenas. The shift may reflect a change in priorities or strategy at the department after a 2010 change in the state's tax whistleblower law, which was the first state law of its kind in the nation.

News

New Yorkers' Choice for AG Boils Down to Litigation-Minded Public Advocate or Big-Law Partner

Dan M. Clark | Colby Hamilton | September 14, 2018

New York City Public Advocate Letitia James is fresh off a contentious four-way primary for the Democratic nomination to become the state’s next attorney general, but her fight isn’t over just yet.

In Brief

Former SCOTUS Law Clerk Matthew Shapiro Joins Faculty at Hofstra Law

Patricia Kane | September 14, 2018

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

News

Former Top Cuomo Aide, Convicted on Bribery Charges, Apologizes for His Actions in Letter to Sentencing Judge

Dan M. Clark | September 14, 2018

“I lay awake at night filled not with the fear of what is to come for me, or the pain and embarrassment that I have brought upon myself, but with tremendous remorse for my actions and regret for the damage I have caused others,” Joseph Percoco wrote.

News

New York Firm Launches With Novel Cybersecurity Mandate: Get Technical

Rhys Dipshan | September 14, 2018

Beckage PLLC aims to be a firm that, as founder Jennifer Beckage says, can bridge the "gap between IT and the lawyers."

Analysis

What Really Happened in 'Carlos Rodriguez v. City of New York'?

Timothy R. Capowski and Jonathan P. Shaub| September 14, 2018

'Rodriguez' does not represent a tectonic shift in summary judgment practice but is actually the next logical step in the drive towards achieving litigation efficiencies.

Expert Opinion

The Opioid Epidemic Hits Lawyers at Work, in the Community and at Home

Priscilla Lundin| September 14, 2018

Drug overdoses killed about 72,000 Americans last year, a record number that reflects a rise of around 10 percent, according to new preliminary estimates from the Centers for Disease Control.

News

Trump Ambassador Pick Faced Sexual Harassment Claims at Former Law Firm

Christine Simmons | September 14, 2018

In seeking confirmation to serve as U.S. ambassador to Romania, Seyfarth Shaw partner Adrian Zuckerman could face questions about decade-old sexual harassment claims related to his time at Lowenstein Sandler.

News

Paul Manafort Flips on Trump as Plea Deal Unveiled

Ellis Kim and C. Ryan Barber| September 14, 2018

The cooperation agreement requires Manafort to participate in interviews, provide documents in his control, testify and agree to delays for his sentencing.

Friday Newspaper

New York Law Journal| September 14, 2018

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

News

NYC Public Advocate Letitia James Secures Democratic Nomination for State Attorney General

Dan M. Clark | September 13, 2018

If elected in November, James will become the first woman to be elected to the position and the first person of color to serve as the state’s top attorney.

News

Justice George Peck, Who Pursued Notorious Murder Cases as Prosecutor, Dies at 75

Andrew Denney | September 13, 2018

Nassau County Supreme Court Justice George Peck, who during his stint as a prosecutor during a particularly violent era in the New York City metro area included a number of high-profile murder convictions, died on Wednesday. He was 75.

News

NYC Bar Withholds Review of Kavanaugh for Supreme Court Seat

Christine Simmons | September 13, 2018

The New York City Bar Association said there is a “substantial question about whether Judge Kavanaugh has testified truthfully."

News

Federal Judge Certifies Class of Filipino Nurses in Human Trafficking Case

Andrew Denney | September 13, 2018

A federal judge has certified a class of Filipino nurses who have brought human trafficking claims against New York’s largest network of for-profit nursing homes who say they had to stay with the company or face getting hit with $25,000 lawsuits.

News

Court of Appeals Arguments in SUNY Sexual Misconduct Case Focus on Evidence of Consent

Dan M. Clark | September 13, 2018

Arguments on Thursday did not focus on whether Haug had obtained consent from his accuser. The Court of Appeals, instead, is considering whether the college had enough evidence to show a lack of consent and therefore sexual misconduct.

News

2nd Circuit Says Citizenship Can't Be Stripped Over Pretrial Detention in Terror Case

Colby Hamilton | September 13, 2018

Mohammed Khalid, the youngest person ever prosecuted on terrorism charges, insisted his citizenship status remained intact, despite being in juvenile detention at the time his father was naturalized.

Analysis

Abortion Protesters, Robocalls and Virtual Currency Fraud

Harvey M. Stone and Richard Dolan| September 13, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss cases involving anti-abortion protesters, unsolicited robocalls, and extensive fraud in the sale of virtual currencies.

News

NYCOA Allows Appeal of Case Over Comptroller's Subpoena of Medical Records

Dan M. Clark | September 13, 2018

The comptroller’s office was trying to determine if UnitedHealthcare had overpaid The Plastic Surgery Group for claims submitted between 2011 and 2015.

Event

Learn More: Why GCs Are Coming Together to Help Women Perfect Their Pitch

Law.com Editors| September 13, 2018

Join ALM’s editors for a free call on Monday, Sept. 17 to learn more about “Perfecting Your Pitch”— a training and networking opportunity for women lawyers this fall in New York and San Francisco.

News

21st Century Fox GC to Return 'Home' to Williams & Connolly Following Disney Deal

Dan Clark | September 13, 2018

Gerson Zweifach will return to his old law firm once the Disney deal closes—likely in the first half of 2019.

News

NY Lawyer Decries 'Anything Goes' Atmosphere at Title IX Hearings

Raychel Lean| September 13, 2018

"My chest was pounding," said trial lawyer Andrew T. Miltenberg of Nesenoff & Miltenberg of New York after leaving a Title IX hearing on Sept. 6. "I thought I was in some sort of charade or show trial."

News

RBG Wishes Kavanaugh's Confirmation Hearing Could Be More Like Her Own Was

Cheryl Miller | September 13, 2018

"I wish I could wave a magic wand and have it go back to the way it was," Justice Ruth Bader Ginsburg said in a conversation with California Justice Goodwin Liu, one of her former law clerks.

Thursday Newspaper

New York Law Journal| September 13, 2018

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

News

Manhattan DA Moves to Throw Out More Than 3,000 Old Pot Cases

Andrew Denney | September 12, 2018

The convictions for low-level marijuana possession and public smoking offenses date back to 1978.

News

Manhattan DA Stands By Grand Jury Presentation in Harvey Weinstein Case

Andrew Denney | September 12, 2018

Prosecutors on Wednesday asked a judge to reject the movie mogul's motion to toss rape and sexual assault charges.

News

Preska Strikes CFPA-Based Claims in Suit Over Litigation Funding, but Says NY AG May Press State Claims

Colby Hamilton | September 12, 2018

In a June order, U.S. District Judge Loretta Preska found that the state AG's Office could proceed with its own CFPA claims after finding the Consumer Financial Protection Bureau’s statutory authority unconstitutional.

News

Appeals Court Finds No 'Brady' Fault in '98 Murder Trial, Restoring Conviction

Andrew Denney | September 12, 2018

A Brooklyn appeals court said a man’s 20-year-old murder conviction that a lower court tossed out last year should have stuck, finding that the prosecution in the case played by the rules and did not withhold key evidence from the defense.

News

GM Ignition Switch Litigation Advances in NY Federal Court With State Liability Rulings

Colby Hamilton | September 12, 2018

Responding to the fifth amended complaint that covers dozens of cases as part of the multidistrict litigation, U.S. District Judge Jesse Furman settled a trio of outstanding issues related to state liability claims.

News

Legal Industry Admits It Has a Substance Abuse Problem, But Recovery Won't Come Easy

Ryan Lovelace| September 12, 2018

New York-based LeeAnn Black, Latham & Watkins' chief operating officer, said the firm strongly supports the pledge and is pleased to be an inaugural signatory.

Analysis

A Data-Driven Defense Against “Short and Distort”

Joshua Mitts| September 12, 2018

In his Securities Law column, Joshua Mitts discusses how smaller public companies are being attacked by predatory short sellers who drive down stock prices by buying put options prior to posting hit pieces on blogs and social media.

Analysis

Justice Scalia’s Contributions to the Development of Bankruptcy Law

Carlos Cuevas| September 12, 2018

Justice Scalia had a profound impact on the development of American law, and he especially had a significant impact on the development of bankruptcy law.

News

Ruth Bader Ginsburg to Discuss Strategic Litigation at Columbia Law School

Susan DeSantis | September 12, 2018

The school said the purpose of the event is to honor the 25th anniversary of her investiture as an associate justice of the U.S. Supreme Court.

Expert Opinion

State Attorneys General and Their Influence on Merger Enforcement

Shepard Goldfein and Karen Hoffman Lent| September 12, 2018

Although the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are the principal merger enforcers in this country, state attorneys general (state AGs) can, and often do, play a major role in merger review as well.

News

Judiciary Panel Set to Kick Off Hearings on Parental Legal Representation

Dan M. Clark | September 12, 2018

The hearings will be the first opportunity for the Commission on Parental Legal Representation to hear from stakeholders on how to improve the state court system to ensure legal representation in family court.

Commentary

On the Internet, Amazon Might Just be a Dog

Edward J. Janger and Aaron D. Twerski| September 12, 2018

If Amazon does not wish to be thought the seller, they must make clear that they do not stand behind the product.

In Brief

Roberts Names NYCOA Judge Garcia to Advisory Panel on Federal Criminal Litigation

Dan M. Clark | September 12, 2018

Garcia will remain on the Court of Appeals and serve in both positions at the same time. His role on the federal committee is advisory in nature rather than judicial.

Expert Opinion

NY’s Expanded Ingredient Disclosure Requirements for Household Cleaning Products

Michael B. Gerrard and Edward McTiernan| September 12, 2018

This article examines the new DEC requirements for disclosure of the contents of, and risks associated with, chemicals used in household cleaning products and also compares some of the key features of New York’s requirements with those in California.

Ex-SDNY Judge Katherine Forrest Returns to Cravath

Dan Packel | September 12, 2018

Following stints at the Justice Department and on the federal bench in Manhattan, Forrest said she was "thrilled" to be rejoining her former firm.

Commentary

Covington and Debevoise Report on CBS Will Stay Secret, At Least for Now

Jenna Greene | September 12, 2018

The results of an investigation by Mary Jo White—a former SEC chair and U.S. attorney—and Nancy Kestenbaum—co-chair of her firm’s white-collar defense and investigations practice group—could provide the definitive account.

Video

Donald Trump's Tax Returns Get Their Day in the DC Circuit

Mike Scarcella | September 12, 2018

Well, not the returns themselves. Because Trump hasn't released them. But there is a public-records case, set for argument Thursday in the D.C. Circuit, that seeks to force the IRS to disclose the records.

News

NY Law Firms Benefit From Rise in Securities Lawsuits Over Cryptocurrencies

Amanda Bronstad| September 12, 2018

The report also found that, during that same period, New York’s Skadden, Arps, Slate, Meagher & Flom topped the list of defense firms handling securities cases, as well as a separate ranking of those with the most defense wins.

NYPD Detective Makes City Lawyers an Adversary After Being Defended by Them in Rights Suits

Andrew Denney | September 11, 2018

Since joining the force in 2002, Det. David Terrell has been the target of more than 20 lawsuits that include allegations of police brutality, false arrest and other misconduct, but nine of the cases, including four since the beginning of August, have been thrown out for various reasons.

News

Rochester Judge Recommended for Removal Faces New Gun Charge

Dan M. Clark | September 11, 2018

The indictment alleged that Astacio, who is prohibited from owning a gun, tried to buy a 12-gauge shotgun from Dick’s Sporting Goods in the town of Henrietta in April.

Photo

Slideshow: A Somber Remembrance in the Fog and Mist

David Handschuh | September 11, 2018

Several hundred New York City court officers, wearing their dress uniforms or kilts, marched on Centre Street near Foley Square to commemorate the 17th anniversary of the World Trade Center attack.

News

State AGs Ask Judge to Compel Deposition of US Commerce Secretary in Census Lawsuit

Dan M. Clark | September 11, 2018

A spokesperson for the Commerce Department declined to comment on Underwood’s request to depose Ross on Tuesday afternoon, but said they are looking forward to their day in court.

News

New York Bankruptcy Lateral Bonanza Continues With Hogan Lovells Hire

Scott Flaherty | September 11, 2018

Hogan Lovells has added Douglas Taber, a former GE Capital in-house lawyer, to its bankruptcy and restructuring practice. The hire is just the latest lateral activity among large-firm restructuring practices in New York.

News

US Attorney Gets Green Light to Use Securities Laws in Cryptocurrency Fraud Case

Colby Hamilton | September 11, 2018

U.S. District Judge Raymond Dearie said the cryptocurrency fraud allegations, "[s]tripped of the 21st-century jargon," were run-of-the-mill schemes that were sufficiently substantiated in the indictment.

News

Huge Win for Quinn Emanuel Partner in NY on Harvard, MIT Gene Editing Patents

Scott Graham| September 11, 2018

The court upheld that their CRISPR invention, applying the technology to human and animal cells, is patentably distinct from UC's earlier discovery in single-cell organisms.

Q&A

Q&A: Why Firms Need New Norms on Substance Abuse, Mental Health

Christine Simmons | September 11, 2018

Alcohol and drug counselor Patrick Krill says a new ABA pledge campaign to increase lawyer well-being is "not just words."

Analysis

Recent Opinions Address the Equitable Defense of Copyright Misuse

Lewis R. Clayton and Eric Alan Stone| September 11, 2018

In their column on Intellectual Property Litigation, Lewis R. Clayton and Eric Alan Stone report on the interpretation and application of the copyright misuse doctrine in three cases decided this year.

Realty Law Digest

Scott E. Mollen| September 11, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance’s effort to recoup DRIE credits.

Beware of the AIA Form of Performance Bond

Patricia Kane | September 11, 2018

In their Construction Law column, Kenneth M. Block and Joshua M. Levy advise against the use of performance bonds, writing: The performance bond is for the benefit of the owner and, theoretically, allows the owner to make claims on the bond if the contractor defaults and recover its damages for nonperformance. We say “theoretically” because the performance bond portion of the A312 is so full of conditions and traps for the unwary owner that it may be of little value.

News

High Court to Weigh Whether SUNY Had ‘Substantial Evidence’ to Expel Student After Alleged Sexual Assault

Dan M. Clark | September 11, 2018

The case started well before the public reckoning of several government officials and celebrities accused of sexual harassment and assault in the #MeToo era.

Analysis

The Oddly Confrontational Strategies in 'Bank of Tokyo-Mitsubishi-Union v. DFS'

Robert Axelrod| September 11, 2018

The position of the DFS is that to allow a bank to jump to another regulator when the state is poised to continue discipline punctuated with prior consent orders is like letting a thief find sanctuary by crossing state lines.

News

UK Museum to Retain Ownership of Matisse Painting, 2nd Circuit Orders

Colby Hamilton | September 10, 2018

The National Gallery acquired "Portrait of Greta Moll" in 1979, but heirs of the painting's subject matter claimed an exception under the Foreign Sovereign Immunities Act to attempt to bring it back to the family.

News

'Evolved' Circuit Sexual Orientation Protections Send Breitling Suit Back on Remand

Colby Hamilton | September 10, 2018

A former employee's suit claiming he was fired by the watchmaker, in part, because he was gay was dismissed on summary judgment in 2016, when circuit law still held Title VII discrimination didn't cover sexual orientation.

Analysis

Court of Appeals Reins in Excited Utterance Exception – A Little

Joseph Nohavicka| September 10, 2018

Explaining to a client the excited utterance exception to the hearsay rule that permits the statement of a person who cannot be cross-examined at trial is embarrassing, and for them, often frightening.

News

Cause of Death Remains a Mystery for Summer Associate Who Accepted Wachtell Offer in NY

Meghan Tribe| September 10, 2018

Leon Cain, a student at Stanford Law School, was found unresponsive in the early morning hours of Aug. 19 in Washington, D.C.

News

Wachtell Blasts 'Futile' New Claims in CVR Malpractice Case

Christine Simmons | September 10, 2018

As it continues to duel with Carl Icahn-controlled CVR Energy, Wachtell argues its own initial engagement letter with former client CVR was "a mere agreement to agree" and thus not enforceable.

News

NRA Argues Discovery Could Show State Coerced Companies to Cut Ties

Dan M. Clark | September 10, 2018

An assistant attorney general said the NRA is attempting through the lawsuit “to stifle Governor Cuomo and Superintendent Vullo’s political and government speech.”

Analysis

Warranty Period for Non-Functioning Software: Does it Accrue?

Richard Raysman and Peter Brown| September 10, 2018

The warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software.…

Trusts & Estates

Angela Turturro | September 10, 2018

In this Special Report: "Lessons Learned From the AG's Suit Against the Trump Foundation," "Death of a Gun Owner: Criminal Liability for an Heir?," "NY’s Latest Legislative Session: What Passed, What Didn’t, What’s Next?," "The Perilous Pot Trust" and "Real Estate: The Ultimate Estate Planning Asset."

News

Two Stable Cryptocurrencies Are Approved by NY Regulator

MP McQueen | September 10, 2018

Gemini Trust Co.'s price-stable cryptocurrency has been approved by New York regulators. Paxos Trust Co. also was approved to offer a “stablecoin” pegged to the U.S. dollar, the Department of Financial Services announced.

News

Ex-Law Prof Gets Green Light in Bias Case Against CUNY

Karen Sloan | September 10, 2018

Lynda Dodd, hired to run a Skadden-funded diversity program at the City College of New York, claims that she was discriminated against by administrators after being diagnosed with multiple sclerosis.

News

ABA Sounds New Alarm on Substance Abuse, Firms Pledge Action

Dan Packel | September 10, 2018

A dozen major law firms have already signed on to a seven-point pledge that the ABA hopes the whole industry will embrace.