News

No Tenants Rights for Residents of NYC 'Cluster' Housing for Homeless, Judge Finds

Andrew Denney | October 17, 2018

The ruling is both a win for property owners across the city who own the nearly 1,800 units used to shelter the homeless, and a blow for legal service providers who are fighting to establish tenant rights for thousands of cluster-site residents.

News

Immigration Firm, After Deloitte Alliance, Enters New York With 60-Person Epstein Team

Christine Simmons | October 17, 2018

Berry Appleman's leader said the firm had been looking to launch in New York for several years, but the Deloitte deal, announced in June, provided another nudge.

News

Trump Foundation Attorneys Say They'll Seek Discovery on Political Bias in NY AG's Lawsuit

Dan M. Clark | October 17, 2018

Alan Futerfas argued that the investigation leading to the lawsuit was mostly led by former Attorney General Eric Schneiderman, who was outspoken against Trump during and after the 2016 presidential election.

Commentary

Cross-Examination as Truth Engine

Jeffrey Winn| October 17, 2018

Cross-examiners can learn as much from Aristotle, Bruce Lee and Richard Feynman as they can from Irving Younger.

Analysis

S Corporation Inconsistent Reporting Issues: 'Rubin v. United States'

Elliot Pisem and David E. Kahen| October 17, 2018

In their Taxation column, Elliot Pisem and David E. Kahen write: Based on the circumstances described in the opinions of the district court and the Court of Appeals in 'Rubin', the effort by the government to avoid consideration of the substance of refund claims by the S corporation shareholder, on the basis of the alleged failure to adequately identify the inconsistency with the corporation’s reporting treatment, seems to have lacked substantial support—especially in light of the absence of any regulation under §6037 supporting the government’s reading of the disclosure requirement.

Analysis

Franchisor as Joint Employer, and a Judicial Update

David J. Kaufmann| October 17, 2018

Franchising columnist David J. Kaufmann addresses the NLRB’s proposed new regulation addressing who may be characterized as a “joint employer” of another employer’s employee and review recent judicial decisions of consequence to the franchise arena.

News

Treasury Official Arrested for Leaking Reports of Suspicious Financial Activity to Media

Colby Hamilton | October 17, 2018

FinCEN senior adviser Natalie Edwards allegedly provided images and descriptions of the confidential bank transaction reports to a BuzzFeed News reporter beginning in October 2017.

Photo

25th Annual 'First Monday in October' Event

Staff| October 17, 2018

Almost 500 members of the NYC legal community attended the Office of the Appellate Defender's 25th annual First Monday in October event.

Analysis

New York, New York! Taking the Lead to Combat Sexual Harassment in the Workplace

Kathryn Barcroft| October 17, 2018

With the #MeToo movement, Gov. Andrew Cuomo and Mayor Bill de Blasio have come out swinging in a proactive attack to combat sexual harassment throughout New York. Employers should be aware that the new state sexual harassment laws are applicable to employers of all sizes, even to companies with just one employee.

News

Term Limits, 11 Justices, Balancing & More: Reshaping SCOTUS Is in Vogue

Marcia Coyle | October 17, 2018

Court balancing. Term limits. And more. What follows is a quick look at four proposals—from progressives—to change the U.S. Supreme Court.

News

Cadwalader's Entire Health Care Group Leaves to Join Crowell & Moring

Christine Simmons | October 17, 2018

The New York-based health care practice was looking for a firm "where our practice was mainstream," its leader said.

Wednesday Newspaper

New York Law Journal| October 17, 2018

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

News

Will Manhattan Lawyer's Pro Se Challenge to Primary Voting Requirement Make It to High Court?

Jason Grant | October 16, 2018

Lawyer Mark Warren Moody remains as “furious” as ever about being denied the opportunity to vote in the 2016 presidential primary. He quickly brought a lawsuit, but it's been rejected so far, including before the Appellate Division. Now he says he'll try to get the case to the state's high court.

News

Manhattan Appeals Court to Mull Whether Trump Must Face Ex-'Apprentice' Contestant's Defamation Suit While in Office

Andrew Denney | October 16, 2018

Whether a former contestant on "The Apprentice" will have to wait until President Donald Trump is out of office to hale him in to court in her defamation lawsuit is expected to be the central issue before a Manhattan appeals court on Thursday afternoon when it is set to hear arguments in the case.

News

Post-Release Placement of Sex Offenders Complicated by Residence Limits, NY Court of Appeals Is Told

Dan M. Clark | October 16, 2018

Attorneys for Miguel Gonzalez, a level one sex offender, argued before the high court that the state Department of Corrections and Community Supervision deprived him of his freedom by failing to help him find housing far away enough from a school, as is required by law.

News

Donald Trump Is the Punisher of the Press, According to PEN American Lawsuit

Robert Storace | October 16, 2018

PEN American Center has sued President Donald Trump in his capacity as president for his alleged threats and retaliatory actions against the news media.

Analysis

Judicial Dissolution of New York Limited Liability Companies

Thomas J. Hall and Judith A. Archer| October 16, 2018

In this Commercial Division Update, Thomas J. Hall and Judith A. Archer write: '1545 Ocean Ave.' and its progeny have clarified the requirements for satisfying the “not reasonably practicable” standard of §702. While prior case law had typically avoided analysis of the meaning of this standard, the Commercial Division now applies consistent criteria to applications for judicial dissolution of LLCs, providing greater certainty to members who seek dissolution.

Analysis

Realty Law Digest

Scott E. Mollen| October 16, 2018

Scott Mollen discusses ‘Cruz v. Seward Park Housing Corp.,’ where the court addressed reasonable attorney fees, stating that in this case, $464,164 in legal fees could be viewed as “shocking and disturbing—highway robbery without a six gun.”

Analysis

Priority Issues with Mortgage Loan Modifications

Peter E. Fisch and Mitchell L. Berg| October 16, 2018

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss issues involved with modifying a loan secured by a mortgage such as obtaining an existing junior lienholder’s consent, providing notice to future junior lienholders, and also title insurance considerations.

Analysis

Successfully Utilizing the Insurance Law’s Pre-Answer Bond Procedure to Protect N.Y. Victims

Samuel Blaustein| October 16, 2018

This article discusses how New York insureds have recently used §1213’s pre-answer bond procedure to ensure access to New York courts and recoverable assets.

News

Court Notes

Patricia Kane | October 16, 2018

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

News

Queens Judge Accused of In-Court 'Belligerence' Is Removed by NY Court of Appeals

Dan M. Clark | October 16, 2018

The high court said in a unanimous decision that aside from his behavior in the courtroom, his decision to not cooperate with an investigation by the State Commission on Judicial Conduct into his actions also contributed to his removal.

News

NY Court of Appeals Removes Rochester City Court Judge From Bench

Dan M. Clark | October 16, 2018

The Court of Appeals has removed Rochester City Court Justice Leticia Astacio from the bench after she was convicted of driving while intoxicated in 2016, violated the terms of her conditional discharge and acted inappropriately in the courtroom.

News

Sears Files for Bankruptcy in NY: A Look at Which Law Firms Got the Work

Raychel Lean| October 16, 2018

As Sears prepares to closed its doors after more than 120 years in business, who are the main players pulling the strings of its bankruptcy case?

Tuesday Newspaper

New York Law Journal| October 16, 2018

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

News

Judge Dismisses Stormy Daniels' Suit Against Trump

Amanda Bronstad | October 15, 2018

Speaking about President Donald Trump's tweet that sparked the lawsuit, a federal judge wrote: “The First Amendment protects this type of rhetorical statement."

News

Jeff Sessions Accuses Federal Judge in NY Census Suit of Judicial Overreach

Marcia Coyle | October 15, 2018

"The words on the page don’t have a motive; they are either permitted or they are not. But the judge has decided to hold a trial over the inner workings of a Cabinet secretary’s mind," Sessions said.

News

Former Big Apple Circus Exec Claims Firing Was Breach of Contract

Colby Hamilton | October 15, 2018

Larry Solheim claims he used his standing in the circus world to help he and a group of investors win the bid to take over the failing Big Apple Circus—only to have them fire him and his wife not long after with no prior warning.

News

Litigation Boutique Spins Off From McKool Smith, Promising Innovative Model

Christine Simmons| October 15, 2018

In New York, the firm will have two partners for now, including Caroline Walters, who is anticipated to leave McKool soon to relocate to New York to lead that office.

Event

Committee on Character and Fitness to Interview Bar Applicants

Patricia Kane | October 15, 2018

Interviews will be held on Thursday, Oct. 18.

News

NY Court of Appeals to Weigh Expert Opinion Linking Asbestos, Mesothelioma

Dan M. Clark | October 15, 2018

The case has the potential to assert a stricter standard in personal injury cases when the claimant is seeking relief from exposure to a toxic substance, such as asbestos.

News

Boston, NYC Lawyers Team to Secure $43M Verdict in Case Linking Cancer to Asbestos, Tobacco in Cigarettes

Andrew Denney | October 15, 2018

After a five-week trial and 23 total hours of deliberations spread over four days, a jury of 11 found against cigarette maker R.J. Reynolds on claims of defective design, fraud failure to adequately warn and in favor of the family of the late Louis Summerlin, a longtime smoker who worked for years as an automotive brake mechanic.

News

Assumption of Risk Has Limits, Appeals Court Says in Injured Girl's Suit Against Ski Resort

Jason Grant | October 15, 2018

The appeals court pointed out that, while there is some assumption of risk taken on by skiers, a person “will not be deemed to have assumed ... unreasonably increased risks.”

Analysis

Cybersquatting: Even Today, an Important Concern for Online Businesses

Shari Claire Lewis| October 15, 2018

In her Internet Issues/Social Media column, Shari Claire Lewis summarizes the anti-cybersquatting rules under the ACPA and explores two recent New York court decisions that help to illuminate the kinds of cyberpiracy claims that courts are willing to consider, and those that they are not.

Analysis

Privacy Trumps Right of Access to Judicial Documents in ‘Giuffre v. Maxwell’

Edward M. Spiro and Judith L. Mogul| October 15, 2018

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision from Judge Robert W. Sweet which addresses the press’s application to unseal potentially salacious documents covered by a protective order in an action concerning allegations of sexual abuse.

Analysis

Continued Efficiencies in the Commercial Division

Patrick G. Rideout and Giyoung Song| October 15, 2018

New York’s Commercial Division recently initiated changes that continue its focus on utilizing efficiency, innovation and agility to attract high-stakes complex commercial cases.

News

Watching the 'Bandwagon Effect' for Mandatory Sexual Harassment Training

Erin Mulvaney | October 15, 2018

“Other states and jurisdictions will see the lead that California and New York have taken. There is sometimes a bandwagon effect," one labor and employment partner in New York says.

News

Offit Kurman Combines With 70-Year-Old Firm in Latest NY Tie-Up

Lizzy McLellan | October 15, 2018

The mid-Atlantic firm is adding about a dozen lawyers from New York's Salon Marrow in its third expansion in the city this year.

Insurance Law

Angela Turturro | October 15, 2018

View this Special Report as a PDF. Allocation of Long-Tail Losses in New York and New Jersey Despite the contrasting approaches by New York and…

News

Attorneys for Ex-NY Senate Leader Ask for Leniency Ahead of Sentencing in Corruption Case

Dan M. Clark | October 15, 2018

Skelos, who was found guilty of arranging jobs for his son at companies with business before the state, is apparently struggling with alcohol dependence and depression after a jury convicted him earlier this year.

News

NY M&A Lawyer Joins Ropes & Gray

Xiumei Dong| October 15, 2018

Matthew Jacobson, a veteran transactional lawyer, is returning to California after more than a decade away.

News

DOJ's New Compliance Monitor Guidance Accounts for 'Burdens' on Companies

C. Ryan Barber| October 15, 2018

Assistant Attorney General Brian Benczkowski’, speaking at a conference in New York on Friday, announced guidance that urges prosecutors to consider the “projected costs and burdens” of a compliance monitor.

Monday Newspaper

New York Law Journal| October 15, 2018

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

News

NYPD Officer's Suit Over Pumping Breast Milk Could Be First of Several

Jason Grant | October 12, 2018

Regardless of whether a class-action lawsuit is brought, more legal claims—similar to his client's—will be lodged on behalf of NYPD officers who are trying to breast feed, lawyer Eric Sanders said. "This is a citywide problem."

News

Suit Alleging Rent Overcharges at Buildings in Kushner Portfolio Clears Hurdle

Andrew Denney | October 12, 2018

Tenants of a Brooklyn building who say that Jared Kushner's real estate companies overcharged them on their rent may proceed with a proposed class action suit against entities that were controlled by President Donald Trump’s son-in-law, a state court judge found.

Commerce Secretary's Deposition Pushed Back in Census Suit as SCOTUS Reviews

Dan M. Clark | October 12, 2018

Ross, who was originally scheduled to be deposed in the case yesterday, will be out of the country for an extended period of time and won’t immediately be available for the deposition.

News

Dechert Keeps Up IP Growth With Hughes Hubbard Hire in NY

Dan Packel| October 12, 2018

Stephen S. Rabinowitz is the firm's fourth senior hire in the practice in the last six months.

Podcast

One Big Law Attorney’s Journey with Depression, One Firm’s Response to the Profession’s Problem

Leigh Jones | Vanessa Blum | October 12, 2018

A Baker Hostetler lawyer discusses her depression, and Latham & Watkins' COO talks about what her firm is doing to dispel the stigma of mental health challenges.

Debunking the Myth That the First Dep’t Has Rung the Death Knell on the Insurability of Disgorgement 

Mikaela Whitman| October 12, 2018

Whether there is insurance coverage for restitution or disgorgement of purported “ill-gotten gains” under Directors and Officers and other professional liability policies (collectively here, D&O policies) has become a pervasive issue in jurisdictions across the country.

Do Unto Others—Reciprocity Through the Lens of Insurance Regulation

Dan Rabinowitz| October 12, 2018

Review a cross-section of reciprocity issues that illustrate the push and pull of individual jurisdictions’ policy preferences—and protection of local actors—against a backdrop of increasing globalization of the insurance and reinsurance sector. The extent to which a jurisdiction chooses to “do unto others” as it would have done unto it, on these and related matters, will be a key indicator of how policymakers navigate this globalization in coming years and decades.

Disrupting Insurance Is Hard: How to Make It Easier (or at Least Less Hard)

John Pruitt and Ed Stelzer| October 12, 2018

There is now a thriving ecosystem of individuals and enterprises—in industry parlance, “Insuretech”—devoted to developing innovative applications of technology to improve, modernize or, in some cases, disrupt insurance.

Data Breach Risk Management: Keeping Up With Evolving Cyber Liability Insurance

Nadira K. Kirkland| October 12, 2018

Personnel responsible for detecting, reporting and responding to cyber events and privacy violations should also have a thorough understanding of the coverages provided under their cyber policies and how those policies are triggered, well before an incident occurs.

Allocation of Long-Tail Losses in New York and New Jersey

Mark Garbowski and Robert M. Horkovich| October 12, 2018

Despite the contrasting approaches by New York and New Jersey, handling insurance allocation disputes in both requires both ample basic preparation and creative problem solving.

Slideshow

What It Means to Be a Leader

Lora Hollien | October 12, 2018

The best advice offered by NYLJ's Distinguished Leaders, an award we give to attorneys in leadership roles who achieved impressive results in the past year.

News

Boies Schiller Cleared to Keep Billionaire Ex-Client's File Amid Fee Dispute

Scott Flaherty | October 12, 2018

With a New York state court ruling on Friday, Boies Schiller can continue hanging onto a discovery file that serves as leverage while the firm tries to recover more than $825,000 in unpaid fees from a billionaire former client.

Analysis

Eleventh Circuit Delineates Provisions That Overcome the Presumption That Courts Must Decide Class Arbitrability

Angela Turturro | October 12, 2018

Arbitration columnists Samuel Estreicher and Holly H. Weiss write: In light of 'Epic Systems', the question whether the court or arbitrator decides that an arbitration agreement authorizes a classwide proceeding when the agreement is silent on the issue has taken on enhanced significance. A recent decision in the Eleventh Circuit addresses this question.

Analysis

Highlights and Notable Decisions From Summer 2018

Ilene Sherwyn Cooper| October 12, 2018

In her Trusts & Estates column, Ilene Sherwyn Cooper writes: The summer months have seen decisions as variable as the weather, addressed to claims against an estate, fiduciary bonds, and the statute of limitations. The issues were novel and instructive, and are discussed below.

Photo

Hispanic and Latinx Heritage Month Celebration at Legal Aid

Staff| October 12, 2018

The Legal Aid Society commemorated Hispanic and Latinx Heritage Month, recognizing the contributions made by its employees and partners.

Analysis

Do You Have a Trade? Recent Decision Highlights Need for Clarity in Trading Bankruptcy Claims

Julia Lu and David Daniels| October 12, 2018

Bankruptcy Judge Michael Wiles' decision in 'In re Westinghouse Electric Co.', 588 B.R. 347 (Bankr. S.D.N.Y. 2018), rejected a contention that two parties had reached a binding agreement to trade and offers valuable lessons for parties who wish to avoid a similar fate.

Photo

Celebration of 25 Years of Her Justice

Staff| October 12, 2018

Supporters and friends of Her Justice celebrated 25 years of providing free legal help to women living in poverty in New York City.

Network of Bar Leaders

David Handschuh | October 12, 2018

Bridgette Ahn was sworn in as president of the Network of Bar Leaders by Southern District Judge George Daniels at its award and installation reception.

News

State Pilots New Website to Connect Attorneys With Victims for Civil Legal Services

Dan M. Clark | October 12, 2018

The website’s creators suggest that any legal aid group that wants to be included in the feature as it expands across the state should check LawHelpNY to see if their contact information on the website is correct.

Letter to the Editor

Rachel Mitchell Violated National Prosecutorial Standards

Lucy Lang| October 12, 2018

The totality of the hearing clarified that Rachel Mitchell was hired outside counsel for the Republican members of the Senate Judiciary committee looking to defend Justice Kavanaugh from Dr. Ford’s allegations.

News

A Day of Reckoning for NY Law Firms When the Lease Expires

Susan DeSantis | October 12, 2018

Manhattan law firm offices are designed to dazzle clients with breathtaking views and the latest wizardry at a cost of hundreds of thousands of dollars a month. But a decade later when the lease expires, law firms face a day of reckoning.

News

Boies Schiller in Spat With Billionaire Over Unpaid Legal Fees

Scott Flaherty| October 12, 2018

Russian-Canadian billionaire Alex Shnaider, now represented by Michael Bowen of Kasowitz Benson Torres, filed a petition on Wednesday, asking a Manhattan state court judge to issue an immediate injunction that would require Boies Schiller to provide a copy of Shnaider’s file

Friday Newspaper

New York Law Journal| October 12, 2018

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

News

US Senate Votes to Approve Sullivan as Second Circuit Judge

Colby Hamilton | October 11, 2018

Sullivan first joined the federal judiciary in 2007, and was nominated by President Donald Trump for the appellate court in April.

Commentary

Brad Karp Rallies NY Legal Community in Acceptance Speech

Brad Karp| October 11, 2018

Editor's Note: This is the speech Paul, Weiss Chairman Brad Karp gave when he accepted the Attorney of the Year award from the New York Law Journal…

News

Kirkland Nabs New Partners From Davis Polk, Simpson Thacher

Brian Baxter | October 11, 2018

The world’s largest law firm by gross revenue has continued its lateral hiring spree on both coasts.

News

Death of Stanford Law Student, Wachtell Associate Ruled an Accident

Meghan Tribe| October 11, 2018

Leon Cain, a 3L at Stanford Law School who had recently signed on to begin his career at Wachtell, died last month from what a medical examiner described Thursday as "multiple blunt force injuries."

News

Appeals Court Reverses Conviction of Hasidic Jewish Man in Brooklyn Gang-Assault Case

Jason Grant | October 11, 2018

The appeals decision is being hailed by some as especially significant because the justices largely focused on weak DNA evidence used against Herskovic, and they seemed to call into question the city’s Office of Chief Medical Examiner’s use of “high-sensitivity” DNA analysis in Herskovic’s case.

News

Steve Bannon Helped Formulate Citizenship Question for Census, DOJ Filing Says

Dan M. Clark | October 11, 2018

Bannon was among a list of names the Trump administration said were included in discussions surrounding the question about citizenship.

News

Cleary Adds Chief Talent Officer as Law Firms' C-Suite Shake-Up Continues

Meghan Tribe | October 11, 2018

Cleary Gottlieb Steen & Hamilton is the latest big firm to add an executive position with a talent management and diversity focus.

News

Former Attorneys to Rick Gates Sue for $368K in Unpaid Bills Related to Mueller Charges

Colby Hamilton | October 11, 2018

Doar Rieck Kaley & Mack was allowed to withdraw from Gates' criminal case in February after claiming irreconcilable differences with its client.

Analysis

New Criminal Justice Legislation: Part 2

Barry Kamins| October 11, 2018

Criminal Law and Procedure columnist Barry Kamins continues his annual review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes.

Photo

Law Schools Hold Walkout Over Supreme Court Confirmation

David Handschuh | October 11, 2018

Law students from NYU, Cardozo and other schools protested the appointment of Brett Kavanaugh to the Supreme Court during a rally in Washington Square Park on Wednesday.

Analysis

The Outdated Forum Non Conveniens Doctrine

Steven R. Pounian and Justin T. Green| October 11, 2018

In this Aviation Law column Steven R. Pounian and Justin T. Green address the forum non conveniens doctrine and argue that courts should provide more deference to a foreign plaintiff who selects a forum for legitimate reasons, including that the selected forum court may be the only one with personal jurisdiction over the defendant. Courts should consider developments in the law and technology that makes transnational litigation much easier today than it was in 1947 when the Supreme Court established the factors that courts consider when addressing a forum non conveniens motion.

Analysis

Appellate Division Confirms the Limited Scope of the Manifest Disregard Doctrine

Grant Hanessian and Derek Soller| October 11, 2018

The First Department’s decision in 'Daesang' should put to rest any suggestion in the lower court’s decision that New York courts will not respect the good-faith factual and legal determinations of arbitrators.

News

Court of Appeals Rejects James' Appeal Over Authority to Sue as NYC Public Advocate

Dan M. Clark | October 11, 2018

The decision means James will—literally—not get her day in court on a lawsuit that alleged the New York City Department of Education failed to provide air conditioning on school buses transporting students with special needs, which she said is required by city code.

News

Trump Nominates 2 New Yorkers to 2nd Circuit, 2 More for District Court Seats

Colby Hamilton | October 11, 2018

Late Wednesday, Trump nominated U.S. District Judge Joseph Bianco and Consovoy McCarthy Park name attorney Michael Park to the Second Circuit, along with Collier Halpern & Newberg name attorney Philip Halpern to the Southern and Cohoes City Court Judge Thomas Marcelle to the Northern districts.

News

NY Board of Elections Warns of Scam

Susan DeSantis | October 11, 2018

The New York State Board of Elections is warning the public to be aware that scammers are contacting residents via phone calls and text messages in an attempt to gain personal information.

News

Court Tosses Charge Against Harvey Weinstein as Brafman Faults NYPD Handling of an Accuser's Account

Andrew Denney | October 11, 2018

Weinstein's defense lawyer Benjamin Brafman told the court he will soon move to dismiss the entire complaint, but a Manhattan ADA said the case would move "full steam ahead." The disgraced mogul is still facing five sexual-offense counts.

News

NY Litigation Funder Sets Aside $50 Million for Women-Led Matters

Meghan Tribe| October 11, 2018

With Burford Capital "sitting atop a pile of money," the company thinks it's found a new way to help close the legal industry's gender gap.

Thursday Newspaper

New York Law Journal| October 11, 2018

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

News

NY-Based Labaton Agrees to Pay $4.8M to Settle Special Master's Overbilling Inquiry

Amanda Bronstad| October 10, 2018

Labaton acknowledged it should have disclosed a $4.1 million referral payment and agreed to make several internal changes.

News

Trump Names 13 More Nominees for the Federal Bench

Ellis Kim | October 10, 2018

The picks include a number of current judges and Big Law partners.

News

Brad Karp, Paul Weiss Chairman, Named Attorney of the Year

Susan DeSantis | October 10, 2018

Karp was recognized for the pro bono work he did last year on issues such as curbing gun violence, championing reproductive rights and fighting the administration's policy of separating children from their parents at the border.

News

Veteran NY Lawyer Suspended for Disrespecting Judiciary, Again and Again

Jason Grant | October 10, 2018

In a forceful opinion, the Appellate Division, First Department panel pointed to multiple “examples” of arguments made in court papers by lawyer Gino Giorgini, including him calling a judge's factual findings "La La Land."

News

Court of Appeals Examines Conditions for Funding of Charter Schools Pre-K

Dan M. Clark | October 10, 2018

The parties differ on an interpretation of state education law that an attorney for Success Academy Charter Schools claimed in arguments grants them exclusive authority over their own pre-K programs.

Ex-Big Law Partner Ravelo Sentenced to 5 Years for Vendor Fraud Scheme

Christine Simmons | October 10, 2018

Prosecutors said former Hunton & Williams and Willkie Farr & Gallagher partner Keila Ravelo defrauded her law firms and client MasterCard out of $7.8 million to fuel a lavish lifestyle.

News

Attorneys for Man Charged in Halloween 2017 Truck Attack Push Back Against Rare Death Penalty Bid

Andrew Denney | October 10, 2018

Sayfullo Saipov faces 22 counts for allegedly mowing down pedestrians and cyclists with a rented Home Depot truck in an Oct. 31, 2017, attack on a popular bike path that runs along the West Side Highway in Lower Manhattan.

Law Schools Walk Out Supreme Court Confirmation

David Handschuh | October 10, 2018

Law students from NYU, Cardozo and other schools walk out the appointment of Justice Brett Kavanaugh to the U.S. Supreme Court during a rally in Washington…

Letter to the Editor

Blasey Ford’s Courage Will Change History

Students and Faculty of Albany Law School| October 10, 2018

Civil rights of any kind are always won the hard way, with painful losses that always seem more visible and more numerous than the wins. But progress is not won from the top down.

Analysis

‘Akorn v. Fresenius’: A Rare Decision Finding ‘Material Adverse Effect’

Joseph M. McLaughlin and Shannon K. McGovern| October 10, 2018

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer’s exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.

Analysis

The Vanishing Federal Criminal Trial

Robert J. Anello and Richard F. Albert| October 10, 2018

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Contrary to Hollywood’s fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species.

Analysis

‘Burlington’ and the Recoupment of Defense Costs by Insurers

Eric B. Stern and Jonathan B. Isaacson| October 10, 2018

While much paper and ink has been dedicated to the core differentiation between “caused by” and “arising out of,” less attention has been paid to that aspect of the 'Burlington' decision which provides for an insurer’s ability to recoup defense costs upon a determination that the purported additional insured does not, in fact, qualify as an additional insured.

Analysis

The ‘8 Unit’ Rule, and Rental Fees for Durable Medical Equipment

David M. Barshay| October 10, 2018

In his No-Fault Insurance Law Wrap-Up David M. Barshay discusses, among other issues, 'Matter of Global Liberty Ins. Co. v. ISurply', which is instructive as to the proper rental fee for durable medical equipment.

News

Cuomo Appoints 2nd Dept. Appellate Justice to State Judicial Conduct Commission

Dan M. Clark | October 10, 2018

Associate Justice Robert Miller of the Appellate Division, Second Department will serve on the State Commission on Judicial Conduct more than 30 years after working with Cuomo at the defunct firm Weiss, Blutrich, Falcone & Miller.

News

Fraud Suit Over Mortgage-Backed Securities Dismissed by NY Appeals Court

Jason Grant | October 10, 2018

Under New York law “where an assignment of fraud or other tort claims is intended … with the conveyance of a contract or note, there must be some language … that evinces that intent and effectuates the transfer of such rights,” the First Department panel said.

Firms Vie for Top M&A Billing as Dealmakers Zero In on US

Dan Packel | October 10, 2018

Latham hits a trifecta, and other takeaways from Mergermarket, Bloomberg and Thomson Reuters' rankings for the first three quarters of 2018.