News

Pay Model Evolves at Fried Frank, Paving Way for Outsized Earnings

Christine Simmons | August 14, 2018

Industry sources say Lawrence Barshay, a top rainmaker at Fried Frank and brother to Paul Weiss partner Scott Barshay, has earned compensation reaching at least $11 million a year.

News

DAs Plan Constitutional Challenge to Prosecutorial Misconduct Commission

Dan M. Clark | August 14, 2018

In a letter sent to the state’s prosecutors on Tuesday, Albany County District Attorney David Soares said the District Attorneys Association of the State of New York will be advancing an expedited constitutional challenge to the bill.

Expert Opinion

Life After 'Booker': Insights From Federal Sentencing Data

Robert J. Anello and Richard F. Albert| August 14, 2018

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at sentencing statistics post-'Booker' and contemplate if now is the right time to reexamine the data.

Commentary

Uncertain Times Have Boosted Pro Bono

Marnie Berk| August 14, 2018

Much attention to pro bono lawyering has focused on the border, but there has been a sustained effort defending the rights of immigrants for longer than that.

Realty Law Digest

Scott E. Mollen| August 14, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.

Analysis

Asset Forfeiture: A Field Guide

Peter E. Fisch and Mitchell L. Berg | August 14, 2018

While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.

Analysis

Control: A Common Question About Litigation Finance

David Perla| August 14, 2018

David Perla, managing director of Burford Capital provides guidance on the one common question asked of litigation finance providers: “What impact does working with a provider of litigation finance have on control of litigation and settlement decisions?”

News

Underwood Sues Purdue Pharma Over Opioid Marketing Practices

Dan M. Clark | August 14, 2018

The lawsuit, filed in Suffolk County Supreme Court on Tuesday, claims Purdue’s actions have contributed to the ever-growing opioid epidemic in New York.

Analysis

Defending Depositions: An Active Task That Requires Careful Planning, Preparation

Shira Forman| August 14, 2018

In her Litigation 101 column, Shira Forman writes: As compared with the strategic task of taking a deposition, defending a deposition is often regarded as simple—nothing more than holding the witness’s hand, objecting sparingly, and making sure everything goes as smoothly as possible.

News

Greenberg Traurig Duo Steers $350M Deal for New Manhattan Ritz

Lidia Dinkova| August 14, 2018

The financing is for a new Ritz-Carlton hotel in Manhattan's NoMad neighborhood.

Photo

LGBT Bar Association’s Annual Lavender Law Conference

Staff| August 14, 2018

The National LGBT Bar Association held its 30th annual Lavender Law Conference and Career Fair at the Marriott Marquis hotel last week.

News

'Ban-the-Box' Enforcement Gains Steam in NY. What Employers Need to Know.

Mike Scarcella| August 14, 2018

Labor and employment perspective on several recent "ban the box" state attorney general enforcement actions.

News

NY Law Firm Credits Trump Tax Plan for Irish Expansion

Dan Packel| August 14, 2018

Since the passage of the Trump tax plan in December, Tully Rinckey has both opened up a new office in Dublin and restructured its American operations.

Tuesday Newspaper

New York Law Journal| August 14, 2018

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

News

Judge Pauley Refuses to Allow New Breach Claim in Contract Dispute

Colby Hamilton | August 13, 2018

The plaintiffs sought another shot at the claims after allegedly finding evidence during discovery that undermined a key fact that led to the collapse of a revenue sharing agreement.

Analysis

Supreme Court Annuls Agency Overreach in Title Insurance Regulations

Tancred Schiavoni and Gary Svirsky| August 13, 2018

DFS violated market participant’s due process rights. It effectively mandated a retroactive 5% premium reduction as a penalty for past marketing practices without giving fair notice that the prohibited conduct was illegal.

News

Suffolk County Launches Diversionary Program for Drug Offenders in Response to Opioid Crisis

Andrew Denney | August 13, 2018

The Suffolk County District Court is stepping up its efforts to combat the opioid epidemic with the formation of a diversionary program that allows some offenders facing drug possession charges to participate without entering a guilty plea.

Trump Signs CFIUS Reform Bill in Upstate NY: What Dealmakers Need to Know

MP McQueen| August 13, 2018

U.S. companies dealing with foreign investors will soon have a whole new reality to contend with when Trump signs it into law Monday.

News

Lawsuit Dismissed Against DFS From UnitedHealthCare Over Risk Adjustment Payments

Dan M. Clark | August 13, 2018

U.S. District Judge John Koeltl of the Southern District of New York granted a motion to dismiss from DFS, which was defending its method of distributing risk adjustment payments alongside a federal program.

Commentary

Objections: Making Them and Opposing Them

David M. Epstein| August 13, 2018

It does a particularly good job of discussing the landmark Crawford case, the U.S. Supreme Court decision that has had such a dramatic impact on the use of hearsay evidence in criminal cases.

News

Prosecutorial Misconduct Commission Might Not Survive Judicial Review, AG's Counsel Writes

Dan M. Clark | August 13, 2018

In a legal analysis of the bill, which Gov. Andrew Cuomo must either approve or veto by next Monday, General Counsel Leslie Dubeck said certain provisions might not hold up in court.

Analysis

Soliciting a Licensee’s Customers Doesn’t Breach the License, But Could be Tortious

Richard Raysman and Peter Brown| August 13, 2018

A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee’s customers for the same services.

Analysis

A Focus on Price: Antitrust in the Kavanaugh Era

Shepard Goldfein and Karen Hoffman Lent| August 13, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.

Analysis

Contingency Fee? When Hourly Fees Run too High in a Criminal Case

Joel Cohen| August 13, 2018

In his column on Ethics and Criminal Practice, Joel Cohen explores the rationale behind the prohibition of contingency fees in criminal cases, and suggests that perhaps the time has come for a change.

News

Litigation Funding Pioneer Found Dead at 51

Roy Strom | August 13, 2018

Dennis Shields, also the on-again, off-again boyfriend of "The Real Housewives of New York City" star Bethenny Frankel, died from an apparent overdose.

Analysis

Expanding Morrison: The Ninth Circuit Holds that the Exchange Act Can Cover Domestic-Issued ADRs

Justin J. Santolli and Andrew B. Cashmore| August 13, 2018

Toshiba's nexus to the United States, in this case, was through ADRs that the class members purchased, which traded in the OTC market.

Monday Newspaper

New York Law Journal| August 13, 2018

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

News

Proskauer Partner, Firm Resolve $50M Gender Bias Suit

Scott Flaherty | August 11, 2018

Connie Bertram remains a Washington, D.C., partner at Proskauer, which she claimed "consistently underpays its top female talent."

News

Collins Suspends Bid For Congress After Indictment on Insider Trading

Dan M. Clark | August 11, 2018

Collins sent out a statement announcing his leave on Saturday morning. He said his decision was based partly on his family and partly for the sake of the Republican Party.

News

Goodyear Says Opposing Counsel's 'Steady Stream of Insults' Led to $40M Asbestos Verdict

Amanda Bronstad | August 10, 2018

Defense attorney James Lynch, of New York’s Lynch Daskal Emery, said Daniel Blouin, a New York shareholder at Simmons Hanly Conroy, resorted to “incurable character assassinations” and “outrageous remarks” during trial.

News

Judge Preserves Portion of Hotelier's Constitutional Challenge to NY Short-Term Rental Listing Law

Andrew Denney | August 10, 2018

The ruling by U.S. District Judge Alvin Hellerstein of the Southern District of New York comes in one of four pending cases challenging laws prohibiting the use and advertisement of short-term rentals.

In Brief

Stroock Adds Executive Compensation Leader From Katten

Christine Simmons | August 10, 2018

After two partner exits from its compensation and benefits practice in recent months, Stroock has moved quickly to repopulate the group.

News

Judge Orders NYPD Study Requiring Officers to Use Body Cameras Earlier in Encounters

Colby Hamilton | August 10, 2018

U.S. District Judge Torres called for the program after a May report recommended officers begin recording during the lowest level of encounters with people.

News

Advocates Appeal to Cuomo's Criminal Justice Record on Prosecutorial Conduct Commission Bill

Dan M. Clark | August 10, 2018

The letter targets Cuomo’s penchant for criminal justice reform by claiming such a commission would reduce the number of wrongful convictions in New York.

Expert Opinion

The Inside Pages: Two Recent Decisions Worth Noting

Ilene Sherwyn Cooper| August 10, 2018

he past few months have seen the inside pages of the law journal abound with decisions of interest. Indeed, while cover stories surely make their mark, opinions under cover are no less significant, and are worthy of reporting. The decisions in In re Berk and In re Smith are cases in point.

In Brief

Attorneys General Ask State Department to Remove 3-D Gun Files From Websites

Dan M. Clark | August 10, 2018

The attorneys general, including New York’s Barbara Underwood, said in the letter that the availability of those files is “a manufactured crisis” created by the U.S. State Department when it chose to allow a company to post them online.

News

NY Tax Lawyers: IRS Has Made It Difficult for High-Earning Lawyers to Game System

Meredith Hobbs| August 10, 2018

Licensing spinoffs? Partnerships of associates? The IRS and Treasury Department anticipated how law firms might try to take advantage of Trump's tax reforms—and said no way.

Expert Opinion

New York Fusion Laws and the Joe Crowley Imbroglio

Jerry H. Goldfeder and Myrna Pérez| August 10, 2018

In 1960 Richard Nixon and John Kennedy battled for New York’s all-important 45 electoral college votes. Nixon proved more popular among Republicans than Kennedy was among Democrats—Nixon received 3,446,419 votes on the GOP line to Kennedy’s 3,423,909 on the Democratic line, a margin for Nixon of some 23,000 votes.

Friday Newspaper

New York Law Journal| August 10, 2018

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

News

Judge Recently Transferred to New Post for Productivity Issues a No-Show for Part of Trial

Andrew Denney | August 09, 2018

State Supreme Court Justice ShawnDya Simpson was one of three Brooklyn judges who was sent packing for courts in different boroughs for issues with absenteeism, case management and the number of days spent at trial.

News

Judge Allows Maloney's Simultaneous Runs for State AG, Congress

Dan M. Clark | August 09, 2018

Justice Denise Hartman sided with Maloney campaign attorney Martin Connor’s argument that the statewide primary in September and general election in November are two separate events during which Maloney can seek different offices.

News

Deadline Set for Cuomo to Decide on Prosecutorial Conduct Commission Bill

Dan M. Clark | August 09, 2018

The legislation would create a special commission to receive and investigate complaints against prosecutors accused of misconduct.

News

Carl Icahn Ordered to Resume Deposition in Wachtell Malpractice Case

Christine Simmons | August 09, 2018

Wachtell said questioning the investor and former President Donald Trump adviser about energy policy is relevant to his credibility, arguing Icahn-controlled CVR Energy sued the firm because "he does not like Wachtell. It was brought as payback."

Analysis

'A Deal Is a Deal,' Except When It's Not

Alton L. Abramowitz| August 09, 2018

In his Divorce Law column, Alton L. Abramowitz looks at three recent cases as a reminder of what constitutes the applicable law, and a look at where the law may be going in the future.

Analysis

Lenient Sentencing; Supervised Release; Discovery Issues

Harvey M. Stone and Richard H. Dolan| August 09, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.

Analysis

Disgrace Insurance: The Crossroads of Branding and Scandal

Mikaela Whitman| August 09, 2018

If a spokesperson disgraces him or herself, then the advertising campaign may have to be canceled or changed at a significant cost to the company.

News

NY State Courts Broker Settlement in Suit for Delays in Bronx Misdemeanor Courts

Andrew Denney | August 09, 2018

The Bronx Defenders filed a suit against the court system on behalf of a group of defendants who were charged with low-level offenses who said the sluggish pace of their cases through the Bronx courts were violating their speedy-trial rights.

News

Martoma Seeks En Banc Hearing Over Circuit's Insider Trading Divide

Colby Hamilton | August 09, 2018

A split panel ruled twice that Martoma's insider trading conviction should be upheld, despite the minority's critique that it undermined U.S. Supreme Court and circuit law on insider trading.

News

Ex-Morgan Stanley Lawyer Alleges Retaliation After Raising Corruption Concerns

C. Ryan Barber | August 09, 2018

U.S. labor judge confronts "unsettled" litigation-funding issue in whistleblower Christopher Garvey's case against the investment bank. Morgan Stanley contends Garvey, who was based in Hong Kong, voluntarily resigned.

Letter to the Editor

Retired Queens Judge Criticizes Appearance of Nepotism

William M. Erlbaum| August 09, 2018

Justice Brandeis said that "sunlight is the best disinfectant." Thank you, New York Law Journal, for providing that sunlight.

News

RBG Action Figure Launched Through Copious Crowdfunding

Angela Morris| August 09, 2018

The doll's features include the justice’s signature jabot, righteous robe and a hardwood gavel "to bring order to your life."

News

2nd Circuit Blocks Allergan Whistleblower's Suit, Citing 'First-to-File' Violation

Mike Scarcella | August 09, 2018

The U.S. Department of Justice had supported the former Allergan sales representative in the trial court but switched its stance in the U.S. Court of Appeals for the Second Circuit. The question presented to the court was one of first impression.

News

Mary Jo White Adds OSU Football Coach Probe to Busy Schedule

Dan Packel| August 09, 2018

The Debevoise partner, named last week to help lead CBS' probe into harassment allegations against Leslie Moonves, is also investigating failure-to-report claims against Ohio State football coach Urban Meyer.

Thursday Newspaper

New York Law Journal| August 09, 2018

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

News

NYC Council Approves New Regs on Rideshare Services, Including One-Year Cap

Andrew Denney | August 08, 2018

The New York City Council has approved a package of bills to regulate Uber and other ridesharing services, including a first-of-its-kind, one-year freeze on the number of vehicles allowed on the city streets.

News

Judge Orders NYPD to Release Records Related to Fatal 2012 Bronx Shooting

Andrew Denney | August 08, 2018

A Manhattan judge has ordered the New York City Police Department to release a trove of documents from the case of Ramarley Graham, who was shot and killed in 2012 by an officer who has since left the department.

News

Second Circuit Finds Tossing Wage Case on the Eve of Trial Was in Error

Colby Hamilton | August 08, 2018

U.S. District Judge Katherine Forrest's sua sponte decision, declining to assert jurisdiction on state-law claims, was reversed and remanded by the panel that took issue with her reasoning.

News

Cuomo Threatens Lawsuit Over Trump Proposal on Legal Status for Immigrants

Dan M. Clark | August 08, 2018

Cuomo, in a statement, called the proposal “ugly” and threatened legal action if it was promulgated.

News

Attorney-Client Dispute Delays Ex-King & Spalding Associate's Suit Against Firm

Scott Flaherty | August 08, 2018

A lawyer for David Joffe, a former King & Spalding associate who alleges he was fired for reporting unethical conduct by the firm's partners, claims his client has been difficult to deal with and hasn't paid his bills.

News

Compromise on Child Sex Abuse Statutes of Limitations in NY Unlikely for Now

Dan M. Clark | August 08, 2018

State Senators Brad Hoylman, a Democrat from Manhattan, and Catharine Young, a Republican from Western New York, have two very different ideas on how to address cases of child sex abuse.

News

Chief Counsel in SDNY Prosecutor's Office to Join Sidley Austin

Christine Simmons | August 08, 2018

Joan Loughnane served under seven U.S. attorneys in the Southern District over the last 15 years.

Expert Opinion

The Uses and Limits of Issue Certification

Joseph M. McLaughlin and Shannon K. McGovern| August 08, 2018

Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the use and limits of issue certification.

Analysis

FTC Laser Focused on Paid Social Media Influencer Disclosures

Richard B. Newman| August 08, 2018

There are no magic words when it comes to disclosures. Transparency and clarity are key.

News

King & Wood Mallesons Expands in New York, Tokyo

John Kang | August 08, 2018

The global legal giant has recruited a tax expert from Cahill Gordon & Reindel and a corporate lawyer from a Japanese firm where he was a name partner.

Expert Opinion

EUO/IME No-Show: Is the Split in the First and Second Departments Narrowing?

David M. Barshay| August 08, 2018

An insurer may require that an applicant for no-fault benefits, be it the injured person or his/her medical provider, appear for an examination under oath (EUO) to answer questions pertaining to his/her eligibility to collect benefits.

News

Case Closed: Judge Ends NY Lawyer's Age Bias Suit

Ryan Lovelace| August 08, 2018

After some brief confusion over whether his case was even still alive, a judge formally dismissed Roger Rosendahl's lawsuit against his former firm.

Expert Opinion

The Applicability (Inapplicability) of §3420 to Nondomiciliary 'Risk Retention Groups'

Jonathan A. Dachs| August 08, 2018

New York Insurance Law §3420, with its several varied provisions, including, inter alia, those pertaining to direct actions against insurers to collect on unsatisfied judgments, notice to the insurer, disclaimers, prejudice, uninsured and underinsured motorist coverage, and interspousal liability coverage, is undoubtedly one of the most important and frequently cited and relied upon statutory provisions in insurance disputes and litigation.

News

New York Congressman Chris Collins Charged in Insider Trading Conspiracy

Colby Hamilton | August 08, 2018

The upstate Republican allegedly passed along nonpublic information to his son from an Australian drug company whose board he sat on in 2017, Manhattan federal prosecutors said.

News

Worried About a Harvey, Travis, or Roseanne at Your Company? Here’s What GCs Can Do

Rebekah Mintzer| August 08, 2018

“Increasingly, reputational issues are falling within the purview of general counsel because if there is a problem, it becomes a legal issue very quickly,” said one attorney and consultant.

Court Notes

Patricia Kane | August 08, 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.

Wednesday Newspaper

New York Law Journal| August 08, 2018

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

News

Maloney Campaign Appears in Court to Defend Dual Run for AG, Congress

Dan M. Clark | August 07, 2018

An attorney for Maloney argued that the statewide primary election in September and the general election in November are two separate events, where Maloney can run for two offices independently.

News

Former ISIS Member Who Assisted US Investigators Avoids Long Prison Stay

Andrew Denney | August 07, 2018

The defendant in the case, who is identified as John Doe in court papers to protect his family while he works with American authorities, was convicted of two terrorism-related charges and faced a statutory maximum of 25 years in prison.

News

Judge Limits Cadwalader Defense Before Legal Malpractice Trial

Christine Simmons | August 07, 2018

A judge ruled that Cadwalader can't present expert testimony at its upcoming trial, where former partner Dennis Block, corporate co-chair William Mills, and Washington Redskins owner Daniel Snyder are all likely to make appearances.

Analysis

Legalizing Recreational Marijuana in New York Would Usher in New Era

Steven Epstein| August 07, 2018

Unsurprisingly, just as tests for alcohol-consumption did not emerge during alcohol-prohibition, tests for marijuana-consumption have only been in their infancy stages during the era of marijuana-prohibition.

Realty Law Digest

Scott E. Mollen| August 07, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: ‘Alston v. Starrett City Inc.’ and ‘Brookdale Vill. Hous. Corp. v. Garcia,’ and the land use case ‘Matter of De Francesco v. Perlmutter.’

Eviction After Foreclosure: New Decisions Clairify the Game

Bruce J. Bergman| August 07, 2018

In his Mortgage Foreclosure column, Bruce J. Bergman discusses eviction after foreclosure which is a “more obscure and thorny pursuit than might be imagined and could benefit from clarity and resolution,” something recent cases have helpfully supplied.

Analysis

Supreme Court Set to Tackle 'Secret' Patented Sales Under AIA

Robert L. Maier| August 07, 2018

In his Intellectual Property column, Robert L. Maier discusses 'Helsinn Healthcare v. Teva Pharmaceuticals USA,' in which the U.S. Supreme Court will address the scope and impact of the 'on sale bar' of the patent statute as it applies under the America Invents Act.

Analysis

First Decision in Class-Action Context Concludes Digital Tokens Can Be Securities

Margaret A. Dale and Mark D. Harris| August 07, 2018

In their column on Corporate and Securities Litigation, Margaret Dale and Mark Harris analyze the decision in 'Rensel v. Centra Tech,' which discusses whether U.S. courts will treat crypto-tokens as securities subject to the regulatory requirements of the Securities Act of 1933.

News

Separate Second Circuit Decisions Go Prosecutors' Way in Sampson Appeals

Colby Hamilton | August 07, 2018

A panel issued two decisions, one upholding Sampson's convictions on obstruction of justice and lying to investigators, while the over reversed and remanded back to the district court a question on previously dismissed embezzlement charges.

News

State Appeals Supreme Court Decision Reversing Title Insurance Regulation

Dan M. Clark | August 07, 2018

In a new filing, the state said Manhattan Supreme Court Justice Eileen Rakower misread the part of state law the Department of Financial Services used to create and enforce the rule.

News

In Rare Partnership, NYC, NY State Bar Associations Prevail on ABA to Urge Congress to Assist Puerto Rico

Susan DeSantis | August 07, 2018

NYSBA President Michael Miller and NYCBA President Roger Juan Maldonado worked in close collaboration to build support for the resolution, which asks Congress to exempt Puerto Rico from the Merchant Marine Act of 1920, better known as the Jones Act.

News

ABA Holds Off on Removing LSAT Requirement for Law Schools

Karen Sloan| August 07, 2018

A separate proposal to streamline the organization's law school accreditation procedures was adopted.

News

Close Family Ties Between Queens Judges, Prosecutors, Raise Appearance Concerns

Colby Hamilton | August 07, 2018

The Queens tradition of judges and ADAs coming from the same family—unique in its scale among New York’s boroughs—has created a perception in the defense bar that its members are on the outside of an insular courthouse community.

News

SDNY Securities Fraud Prosecutor to Join Simpson Thacher

Christine Simmons | August 06, 2018

Brooke Cucinella, who handled several significant insider trading cases as a prosecutor, is the first Southern District prosecutor to join Simpson Thacher in years.

News

Buffalo Firm Expands on the West Coast

Xiumei Dong| August 06, 2018

The Buffalo-based firm's new outpost is staffed by five workers' compensation specialists and boasts ties to major league sports—including 108 games played in the NFL.

News

Top NY AG Bureau Chief Milgram Departs for Guardian Life Insurance

Colby Hamilton | August 06, 2018

Milgram will be succeeded by Cynthia Hanawalt, who was most recently chief of the enforcement section.

In Brief

Underwood Sues US Dept. of Labor Over Lack of Response to FOIA Request

Dan M. Clark | August 06, 2018

New York Attorney General Barbara Underwood filed suit on Monday against the U.S. Department of Labor for not responding to a Freedom of Information Act request submitted by her office in April.

News

It Takes 2: Hearst Names Jon Donnellan and Mark Redman as Co-General Counsel

Sue Reisinger | August 06, 2018

Both GCs will continue to practice in their specialty areas. For Donnellan, that's First Amendment law and litigation, while for Redman, it's transactional work.

News

NRA Responds to Cuomo's Media Blitz After Filing Motion to Dismiss

Dan M. Clark | August 06, 2018

Cuomo’s narrative over the weekend and on Monday was that the state asked insurance companies to stop selling an NRA-affiliated product called Carry Guard because it violated state law.

News

Second Circuit Sides With Magazines Over Wholesaler in Antitrust Case

Dan M. Clark | August 06, 2018

Judge Susan Carney wrote in the court’s opinion that the wholesaler, Anderson News, failed to provide sufficient evidence that the publishers had collectively decided to boycott the company over a 7-cent surcharge.

Commentary Provides Guidance on BYOD Discovery

Christopher Boehning and Daniel J. Toal| August 06, 2018

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: In 2016, scant direction existed for organizations looking to structure a “Bring Your Own Device” program with e-discovery requirements in mind, and there was even less guidance for courts confronted with requests for discovery of ESI on such devices. That has changed thanks to a new publication from The Sedona Conference.

Analysis

Statewide Appellate Practice Rules Are Cause for Celebration

Zachary Murdock| August 06, 2018

Like the diverse fauna Darwin observed on each of the Galapagos Islands, distinctive rules of practice evolved in the jurisdictionally separate departments.

Alternative Dispute Resolution

Angela Turturro | August 06, 2018

In this Special Report: "Good Faith Negotiations at Mediation," "Fending Off Cyberattacks in International Arbitration," "Blurred Lines: Rethinking the Issue of Consent by Non-Signatories," "Corruption as a Defense in Investment Treaty Arbitration" and "Efficiency or Fairness? ADR May Be the 21st Century Equivalent to the Rise of Equity."

Expert Opinion

Can International Comity Considerations Stop a US Antitrust Prosecution?

Philip C. Patterson and Vera M. Kachnowski| August 06, 2018

As with other types of cross-border investigations, antitrust issues attract the interest of regulators around the globe, and U.S. authorities are active in matters involving foreign players.

Expert Opinion

Expert Opinion Sufficient to Defeat Summary Judgment

Thomas A. Moore and Matthew Gaier| August 06, 2018

Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them.

News

New York AG Investigating Trump for In-State Emoluments Violations

Colby Hamilton | August 03, 2018

According to reports Friday, the president's hotel in Manhattan saw a substantial turnaround in finances after Saudi royalty made a five-day stay in May.

Judge Preserves Discrimination Claims by Disabled Students Against Success Academy

Andrew Denney | August 03, 2018

The students were kicked out for breaking a disciplinary code that one attorney described as “militaristic.”

News

After Testy Deposition, Judge Orders Lawyers for Wachtell, Icahn Entity to Court

Christine Simmons | August 03, 2018

“Why don’t you say how are you getting along with your wife, and we can discuss that now?” Carl Icahn told a lawyer from Wachtell, Lipton, Rosen & Katz during a heated deposition that ended quickly.

News

Cuomo: NY State Files Motion to Dismiss NRA Bid to Upend Insurance Edict

Dan M. Clark | August 03, 2018

The new motion to dismiss is in response to an amended complaint filed by the NRA last month.