News

Judge Wood OKs Privilege Designations in Cohen Matter

Colby Hamilton | June 22, 2018

U.S. District Judge Kimba Wood approved the recommendations for privilege from special master Barbara Jones, while setting deadlines for bringing the process to a close.

News

Miles & Stockbridge Vows Appeal After Verdict for Ex-Partner

Christine Simmons | June 22, 2018

Donald English won a $231,000 verdict against his Baltimore-based firm, in the latest case to raise issues of ownership vs. worker protections in a law firm employment dispute.

In Brief

Upstate Judge Resigns After CJC Finds He Lived in Wrong Town

Dan M. Clark| June 22, 2018

Thomas Brooks resigned earlier this year after the commission found he lived outside the town of Veteran, where he served as a judge.

Proposed Rent Regulatory Amendments Seek to Shift Balance of Power Toward Tenants

Jeffrey Turkel| June 22, 2018

A discussion of three proposals introduced by tenant advocates in the New York State Legislature: the Urstadt Law, limits on MCI rent increases, and the elimination of high rent vacancy deregulation. These proposals, and others to come, will be debated in Albany next year when the rent laws come up for renewal.

News

Regulator Issues Warnings to Insurers on HIV Prep Medications, Short-Term Health Plans

MP McQueen | June 22, 2018

The NY Department of Financial Services has issued a circular letter warning insurers against discriminating against New Yorkers who use HIV prevention medications. It also issued a letter reminding health insurers that selling short-term, limited duration policies remains illegal in the state, despite a proposed federal rule by the Trump administration.

Letter to the Editor

A Material Omission

James Catterson and Dan Kornstein| June 22, 2018

Alex Drylewski’s column on the covenant of good faith and fair dealing discusses a case where his firm and he personally are counsel of record, without disclosing that material fact.

Analysis

Accessing Your Neighbor’s Property: Is Your Dream Project Becoming a Nightmare?

Jonathan Grippo| June 22, 2018

What happens when you need access to a neighbors property for a construction project but the neighbor refuses or an agreement cannot be reached? The answer lies in an infrequently used statute that allows a project owner to petition a court for a license to enter upon a neighbor’s property. This article summarize the procedure for obtaining such court-ordered license and identifies some practice pointers for potential litigants.

The Tax Cuts and Jobs Act: A New Opportunity to Use Tax Incentives to Fund Low-Income Projects

Stuart M. Saft| June 22, 2018

The Tax Cuts and Jobs Act of 2017 provides tax incentives for an investment in a qualified “Opportunity Zone,” the goal of which is to facilitate development in targeted low-income, economically distressed communities by encouraging investments used to start businesses, develop abandoned properties or provide low-income housing in the Opportunity Zone.

What Legalizing Marijuana Could Mean for NY Real Estate Attorneys

Jennifer J. Corcoran and Mario D. Cometti| June 22, 2018

A future marijuana-friendly New York state could have attorneys seeing green as cannabis-based businesses seek assistance navigating the complicated process of state laws, including those related to real estate transactions and landlord-tenant laws.

Giving Co-op and Condo Boards the Right to Grandfather Existing Privileges

Bruce A. Cholst, Karol S. Robinson and Alexander Litt| June 22, 2018

Co-op and condo boards are often obstructed from making policy changes to address shifting trends and needs within their building by longstanding residents who benefit from the existing rules and have come to rely upon them. One popular solution has been to “grandfather” existing accommodations for these residents, but this solution is not without its own problems. The authors suggest a solution to the dilemma.

Analysis

Will Any Court of Appeals Harmonize Judiciary Law Section 487?

Andrew Lavoott Bluestone| June 22, 2018

A recent case in the Western District of New York has the potential to reach both of the Courts of Appeal by different routes.

Emily Kirsch and Paul Niehaus Open Boutique Firm, Kirsch & Niehaus

Adele Carter | June 22, 2018

And other announcements of recent hirings, promotions and firm openings involving New York attorneys.

Expert Opinion

SALT-Free Alchemy? Converting State Taxes to Charitable Deductions

Conrad Teitell| June 22, 2018

In his Estate Planning and Philanthropy column, Conrad Teitell writes: “The Tax Cuts and Jobs Act,” Pub. L. No. 115-97, limits an individual’s deduction under IRC Section 164 for the total amount of state and local taxes (SALT) paid during the calendar year to $10,000 ($5,000 for a married individual filing a separate return)

Letter to the Editor

When Innocent People Plead Guilty

Martin Tankleff| June 22, 2018

According to the Innocence Project in New York City, 40 out of 358 people exonerated with DNA evidence pleaded guilty
to crimes they did not commit.

Photo

Timothy Driscoll Awarded ‘Judge of the Year’ by Long Beach Lawyers Association

Staff| June 22, 2018

The Long Beach Lawyers Association presented its Judge of the Year award during reception held at The Sands on Lido Beach.

News

US Justice Dept. Resists Broad 'Special Prosecutor' in Arpaio's Contempt Appeal

Mike Scarcella | June 22, 2018

"The separation-of-powers concern would be particularly severe if the special prosecutor were able to challenge the validity of the pardon itself," Justice Department lawyers said in their court filing in the Ninth Circuit. The government is backing Arpaio's bid to vacate his criminal contempt conviction.

Friday Newspaper

New York Law Journal| June 22, 2018

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

News

How an Atlanta Lawyer Ended Up Suing Southwest Airlines for Far-Flung Clients

Greg Land | June 21, 2018

Atlanta lawyer Jonathan Johnson said his mention as an aviation litigator in USA Today led to a nine-client lawsuit against Southwest Airlines and Boeing Co. stemming from an April midair engine failure that shattered a jet's window and killed a passenger.

News

NYPD Appoints Panel to Study Officer Discipline

Andrew Denney | June 21, 2018

A panel of legal heavy-hitters have been tapped to conduct a full-scale review of the New York City Police Department’s discipline policies.

News

Hofstra Law Launches Medical-Legal Partnership With Northwell Health

Michael Marciano | June 21, 2018

Focus will be on serving underserved, at-risk children and adults, including Medicaid recipients, who can’t afford legal intervention.

News

NY AG's Suit Against Telecom Provider Over Internet Speeds, Promises to Consumers, Clears Hurdle

Dan M. Clark| June 21, 2018

A motion from Charter Communications to throw out a lawsuit from the New York Attorney General’s Office targeting its marketing practices and promises to consumers was denied for a second time Thursday.

News

NY Federal Judge Strikes at CFPB in Case Targeting Lit Funder to 9/11 and NFL Concussion Claimants

Colby Hamilton | June 21, 2018

In a partial win for the defendants in the case, U.S. District Senior Judge Loretta Preska pulled from the dissents in a recent en banc ruling by the D.C. Circuit to find the consumer watchdog organization was unconstitutionally constructed.

In Brief

Shearman & Sterling Is Latest NY Firm to Raise Associate Pay

Christine Simmons | June 21, 2018

Shearman joined many of its peers in New York, the epicenter of the current associate pay boom.

News

Lawmakers Leave Albany With Loose Ends Untied on Criminal Justice, Litigation

Dan M. Clark| June 21, 2018

This year’s legislative session fizzled to an end Wednesday, leaving several criminal justice and litigation issues unsettled.

Analysis

Tesla’s Stock Option Grant to Elon Musk: Part 2

Joseph E. Bachelder III| June 21, 2018

In this month's article on Executive Compensation, Joseph E. Bachelder III further explores Elon Musk's pay as CEO of Tesla.

Analysis

U.S. Supreme Court Confirms That, When a Court Interprets Foreign Law, There Is No Secret Password

Dennis H. Hranitzky, Michael H. McGinley and May Chiang| June 21, 2018

The U.S. Supreme Court rejected the Second Circuit’s ruling on June 14 and held that foreign governments are not entitled to absolute deference on the construction of their own laws. [Animal Science Products v. Hebei Welcome Pharmaceutical Co., No. 16-1220.]

News

Upstate NY Judge Resigns in Case Over Rude Treatment of Litigants

Dan M. Clark| June 21, 2018

A town judge in Chenango County has agreed to never again seek or accept judicial office after a decision by the State Commission on Judicial Conduct Thursday.

Photo

David Oddo Sworn in as Next NYSTLA President

Andrew Denney | June 21, 2018

David Oddo of Okun, Oddo & Babbat was sworn in as the 51st president of the New York State Trial Lawyers Association.

Photo

Siffert Honored by American Friends of the Hebrew University

Staff| June 21, 2018

John Siffert, a founding partner of Lankler, Siffert & Wohl, was honored by American Friends of the Hebrew University at its annual award luncheon at Cipriani 42nd Street.

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

Tony Mauro | Marcia Coyle | June 21, 2018

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don’t have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.

US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'

Tony Mauro | June 21, 2018

But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.

Thursday Newspaper

New York Law Journal| June 21, 2018

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

News

State Senate Confirms 8 Judges to Court of Claims

Dan M. Clark| June 20, 2018

The state Senate confirmed eight new judges to the Court of Claims on Wednesday evening.

News

Charges Against Barclay Damon Partner Stand Out Among Lawyer Theft Cases

Christine Simmons | June 20, 2018

Charges of stealing from clients are more common at small firms that aren't large ones like Barclay Damon—but no law firm is immune.

News

New York DFS Fines Deutsche Bank $205M for Foreign Exchange Trading Conduct

MP McQueen | June 20, 2018

The New York Department of Financial Services imposed the big civil penalty as part of a consent order with Frankfurt, Germany-based Deutsche Bank for violating state banking laws in its foreign exchange trading business, the department announced on Wednesday.

In Brief

Dewey CFO Joel Sanders Disbarred After Felony Conviction

Christine Simmons | June 20, 2018

While he was never imprisoned, the felony conviction of former Dewey & LeBoeuf executive Joel Sanders had led to his disbarment.

News

Schenectady-Area Judge Agrees to Step Down in Case Over Reporting Court Funds

Dan M. Clark| June 20, 2018

A town judge in Schenectady County has agreed to resign and never seek or accept judicial office again after a decision by the State Commission on Judicial Conduct Wednesday.

Analysis

What Is 'Clear and Convincing' Evidence in SORA Hearings?

Lorca Morello| June 20, 2018

A person adjudicated as a moderate or high risk must register as a sex offender for the rest of his life, with his photograph, address and other personal information made publicly available on the Internet Sex Offender Registry. Given the dire lifetime consequences of being publicly labeled a sex offender, the SORA statute requires the People to prove the facts underlying the risk level adjudication by clear and convincing evidence.

Analysis

S Corporation Elections—Who Decides?

David E. Kahen and Elliot Pisem| June 20, 2018

In their Taxation column, David Kahen and Elliot Pisem discuss the recent Tax Court case, "Caselli v. Commissioner," regarding a shareholder's unsuccessful efforts to effectively change a tax election made by the corporation.

Representing a Franchisor at Trial: First Step, Educate the Court

David J. Kaufmann| June 20, 2018

Franchising columnist David J. Kaufmann discusses how franchise networks are not immune from disputes.

News

Cohen Hiring Ex-SDNY Prosecutor Petrillo as New Counsel, Reports Say

Andrew Denney | June 20, 2018

Michael Cohen, President Donald Trump’s former personal lawyer, has reportedly hired former federal prosecutor Guy Petrillo to represent him in the criminal probe against him.

Expert Opinion

Commercial Waste Zones and Other Creative Solutions to Vehicle Emissions

Karen Meara and Christopher Rizzo| June 20, 2018

States and cities are striving to improve air quality and reduce greenhouse gas (GHG) emissions in an era when the federal government is moving in the opposite direction.

News

Here's How Litigators are Pushing Back Against Trump's Border Policy

Jenna Greene | June 20, 2018

As everyone from the U.S. Chamber of Commerce to the ACLU recoils at the separation of migrant children from their parents, the legal community is eager to fight.

Wednesday Newspaper

New York Law Journal| June 20, 2018

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

News

NYPD to Ticket, Not Arrest, in Most Public Marijuana-Smoking Cases

Andrew Denney | June 19, 2018

The New York City Police Department has announced that officers will issue tickets for most cases of public marijuana-smoking rather than make arrests, but the city’s district attorneys remain divided on how their offices plan to approach the cases.

In Brief

Senate Confirms 10 to New Terms on NY Court of Claims

Dan M. Clark| June 19, 2018

The state Senate confirmed 10 judges on Tuesday who were reappointed to the Court of Claims. Senators were nearly unanimous in approving the appointments, which grant judges an additional nine-year term on the statewide court.

News

Brooklyn DA Fills Office's No. 2 Position, Other Top Roles, Advancing Women

Andrew Denney | June 19, 2018

Brooklyn District Attorney Eric Gonzalez has hired four women as he beefs up his executive team, which includes an attorney from the New York City Police Department who will now serve as Gonzalez’s second-in-command.

News

White-Collar Duo With Fantasy Sports Ties Leaves Dentons for Arent Fox

Roy Strom | June 19, 2018

A former leader of Dentons' U.S. white-collar practice also brings to Arent Fox a bustling business in advising fantasy sports companies, one that could become more lucrative after a recent U.S. Supreme Court ruling.

Realty Law Digest

Scott E. Mollen| June 19, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the land use case “Brooklyn Ass'n v. N.Y.S. Urban Dev.,” where an Article 78 proceeding challenging the Brooklyn Pier 6 Project was dismissed, and a landlord-tenant case “N.Y.C. Hous. Auth. v. Various Tenants,” where sanctions were imposed on NYCHA for wrongfully suing tenants based on “overlapping rent claims.”

Conditions Precedents in Construction Contracts

Kenneth M. Block and Joshua M. Levy| June 19, 2018

In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.

Analysis

'Sole Discretion' Provisions and the Implied Covenant of Good Faith and Fair Dealing

Alexander C. Drylewski| June 19, 2018

Despite its regular appearance in briefs and opinions, the implied covenant of good faith and fair dealing has produced a significant amount of confusion among courts and litigants. Such confusion has been particularly acute in the context of agreements providing one party with sole discretion to act (or not act) in a particular manner.

News

Bill to Create Prosecutorial Misconduct Commission Approved by NY State Assembly

Dan M. Clark| June 19, 2018

The association representing New York state’s district attorneys is urging members of the State Assembly to vote against a bill that would create a commission to investigate misconduct by prosecutors.

Analysis

Attorneys vs. Accountants: The Battle Wages On

Jamie Diaferia and Helen Bertelli| June 19, 2018

In this column on Law Firm Management, Jamie Diaferia and Helen Bertelli discuss an Infinite Global study that reveals trends and best practices for content and social media in the law and accounting industries.

News

State AGs, ex-U.S. Attorneys to Sessions: Stop Separating Families at the Border

Ellis Kim | June 19, 2018

Two letters, one signed by state attorneys general and one from former U.S. attorneys, urged the Trump administration to pull back from its policy Tuesday.

Tuesday Newspaper

New York Law Journal| June 19, 2018

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

News

Judge Refuses Drugmakers’ Bid to Dismiss New York Opioid Cases

Amanda Bronstad | June 18, 2018

A New York state court judge has refused to dismiss lawsuits against several opioid manufacturers in some of the first substantive rulings to come out of the barrage of cases brought by governments over the prescription painkillers.

News

Federal Prosecutors From EDNY Lauded for Work on Major Cases

Andrew Denney | June 18, 2018

Working on cases involving smuggled antiquities, murderous drug dealers and alleged fraud by a major investment bank helped 11 prosecutors from the Eastern District of New York receive recognition last week at the Executive Office for U.S. Attorneys 34th annual Director’s Awards.

News

Beverly Hills Firm Lures Blank Rome Partner Duo to Expand in NY

Christine Simmons | June 18, 2018

Partnership expert Leslie Corwin is joining Southern California-based Eisner along with litigator Simon Miller.

News

NYC Sets Aside Funds to Support Legal Services in Wage-Theft Cases

Andrew Denney | June 18, 2018

The New York City Council has set aside $2.5 million to support legal service providers in the city representing workers who say they have fallen victim to wage theft, which by some estimates results in $1 billion in lost wages each year.

In Brief

NY Department of Financial Services Grants Cryptocurrency License to Square

MP McQueen | June 18, 2018

The state’s top financial regulator said that the company founded by Twitter Inc. CEO Jack Dorsey had obtained the license giving New York residents the ability to buy and sell bitcoin through its Cash App.

News

Fujifilm Seeks $1 Billion Over Collapsed Deal for Takeover of Xerox

Colby Hamilton | June 18, 2018

In May, Xerox officially announced it was terminating the deal, after months of legal and public pressure by two of its largest investors, Carl Icahn and Darwin Deason.

In Brief

Cuomo Administration Gets Court Date in NRA Lawsuit Discovery Dispute

Dan M. Clark| June 18, 2018

Attorneys for New York Gov. Andrew Cuomo and a state agency will make their case to block a motion for expedited discovery from the National Rifle Association—which is suing over the administration's pressure on state contractors to sever ties with the gun-rights advocacy group—in Albany July 11.

Analysis

The Hierarchy of Parentage: The Evolving Concept of Family in New York

Eric Wrubel| June 18, 2018

A recent decision on appeal to the Appellate Division, First Department (K. v. C.) suggests that a hierarchy exists to parental creation whereby biology sits at the top of the ladder and the Court of Appeals’ recently devised preconception agreement rests at its lowest rung.

The Trump Twitter Case, and Its Implications for Other Public Officials

Shari Claire Lewis| June 18, 2018

In her Internet Issues/Social Media column, Shari Claire Lewis discusses Knight First Amendment Institute at Columbia University v. Trump which held that President Trump and Daniel Scavino, the White House social media director, had violated the First Amendment by blocking various individuals’ access to the @realDonaldTrump Twitter account after the individuals criticized the president.

News

NY Court of Appeals Sets Primary Ballot Access Motions for Late August

Dan M. Clark| June 18, 2018

The New York Court of Appeals today announced it will hear motions for access to the September primary ballot on Aug. 29 and 30.

Expert Opinion

The Standard for Extending Discovery Deadlines

Edward M. Spiro and Judith L. Mogul| June 18, 2018

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss the impact of the proportionality requirements in the Federal Rules of Civil Procedure on extension of discovery deadlines.

Expert Opinion

Home Ownership in the Post-Tax Cuts and Jobs Act Era

Sidney Kess| June 18, 2018

In his Tax Tips column, Sidney Kess writes: The Tax Cuts and Jobs Act (TCJA), combined with rising mortgage rates, could impact homeowners. For now, prospective buyers and homeowners need to contend with what has and hasn’t changed with respect to tax breaks for homeownership as a result of this tax legislation.

Photo

The Seventh Annual Real Estate Rockers in Relief Concert

David Handschuh | June 18, 2018

Employees of seven prominent New York real estate firms performed last week at Irving Plaza to raise money for a volunteer organization NECHAMA.

Photo

ACLU, NYCLU Honor Couple at Center of ‘Masterpiece Cakeshop’ Court Fight

Andrew Denney | David Handschuh | June 18, 2018

New York Civil Liberties Union and the American Civil Liberties Union held their annual cocktail reception to highlight the groups’ advocacy for the LGBTQ community.

Photo

City Bar Association’s Legal Services Awards

Staff| June 18, 2018

The New York City Bar Association has named the recipients of its Annual Legal Services Awards, which give recognition to attorneys and non-attorneys who provide outstanding legal assistance to New York’s poor.

Photo

Art Show at Family Court

David Handschuh | June 18, 2018

Manhattan Family Court opened its doors for an art exhibition showcasing a wide variety of media and styles.

News

Weber Gallagher Nearly Doubles in NY With Retail Defense Group

Lizzy McLellan | June 18, 2018

The six-lawyer group is joining from midsize firm Ropers Majeski Kohn Bentley.

News

Underwood May Be Calm, Professorial, But She Has Charged Into AG Role

Colby Hamilton | June 18, 2018

Barbara Underwood makes it clear she has no intentions of dialing back the office's efforts during her historic tenure as AG.

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.

Podcast

Landing Big Clients: Top Women Partners Reveal How It's Done

Leigh Jones | Vanessa Blum | June 15, 2018

The Careerist's interview with Sharon Nelles and Robbie Kaplan is the first in an occasional series focused on the struggles and successes of women and minority lawyers.

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.

News

3 NY Boutiques Among Those Matching Milbank on Associate Pay

Lizzy McLellan| June 15, 2018

Several elite litigation boutiques are keeping pace with salary increases at Milbank and Cravath. One hints it's about to go even higher.

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

NRA Acts to Speed Up Challenge to Cuomo Action Against Gun Rights Group

Dan M. Clark| June 15, 2018

The NRA has claimed that Cuomo and Vullo conspired to coerce financial institutions to sever business ties with the association, causing it to suffer financial losses.

News

Judge Orders Paul Manafort to Jail in Wake of Witness Tampering Claims

Ellis Kim | June 15, 2018

U.S. District Judge Amy Berman Jackson of the District of Columbia told Manafort that he “abused the trust placed in you six months ago.”

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.

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.

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.