News

NY AG May Depose US DOJ Official in Census Suit

Dan M. Clark | September 25, 2018

Testimony from the official could be an important step for investigators to figure out who was behind the citizenship question. He allegedly ghostwrote a letter from the DOJ to Commerce Secretary Wilbur Ross last year asking that the question be added.

Q&A

Q&A: Litigator James Brochin on Swapping Firms, Backing Kavanaugh

Christine Simmons | September 25, 2018

Brochin, a friend and onetime housemate of Brett Kavanaugh, went from Paul Weiss to his own solo law firm to Steptoe & Johnson in less than a year. He said accusations against Kavanaugh are "completely inconsistent with the person I know."

News

Appeals Court Denies Bail to Psychiatrist Charged for Role in Failed Murder Plot

Andrew Denney | September 25, 2018

An appeals court has denied bail in the case of a psychiatrist who has been in jail for almost a year while she awaits trial for charges that she orchestrated a botched murder plot for her child’s father, who has a court-ordered $1.5 million life insurance policy as part of a child custody agreement.

Ranking

Best of 2018

Staff| September 25, 2018

The annual Best of supplement recognizes the vendors that New York lawyers and firm administrators turn to first to keep their lives on track, inside and outside of the office.

Analysis

Are Database Systems Patentable?

Rob Maier| September 25, 2018

In his Patent and Trademark Law column, Rob Maier discusses the Federal Circuit's recent decision in 'BSG Tech v. Buyseasons', which found a patent directed to database functionality invalid as not patent eligible. In the process, the court helped to further define the fuzzy line between good and bad database patents.

Analysis

Suing the United States for Climate Change Impacts

Stephen L. Kass| September 25, 2018

International Environmental Law columnist Stephen L. Kass considers whether those nations most directly affected by U.S. inaction on climate change might have an enforceable legal remedy against the United States and, if so, what that remedy might be. The focus will be on claims based on international law rather than U.S. domestic law.

Analysis

Realty Law Digest

Scott E. Mollen| September 25, 2018

  Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Matter of Stahl York Ave. Co. v. City of New York,' where it was held that a buildings' inclusion in FAE landmark designation was not an unconstitutional taking.

Analysis

Strict Compliance with SEQRA: A Mandate Courts Enforce

Anthony S. Guardino| September 25, 2018

In his Zoning and Land Use Planning column, Anthony Guardino explains the essential features of SEQRA, reviews a recent case that illustrates the risks of failing to strictly comply with SEQRA’s requirements, and concludes by reiterating the importance of literal compliance with this law.

Analysis

Third Circuit Permits Removal to Federal Court by Unserved Resident Defendant

Justin J. Santolli| September 25, 2018

Based on the Third Circuit’s decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.

News

NY Financial Regulator May Redistribute Federal Health Subsidy, US Judge Rules

Dan M. Clark | September 25, 2018

The decision means the insurance company will likely have to pay $65 million to the state in the coming weeks unless the Second Circuit decides differently.

Commentary

Ouch, Babe. Big Law Associate Sues Ex-Fiancee Over $100K Engagement Ring

Jenna Greene | September 25, 2018

Troutman Sanders lawyer Ryan Strasser says the 4-carat diamond ring was a conditional gift that must be returned if the marriage failed to occur.

Tuesday Newspaper

New York Law Journal| September 25, 2018

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

Slideshow

50 New Citizens Welcomed During Constitution Day Ceremony

David Handschuh | September 24, 2018

The Eastern District held a special naturalization ceremony for 50 new U.S. citizens on Constitution Day.

News

Ex-IDC Senators Bypassed in Selections for Judicial Seats in Bronx, Brooklyn

Andrew Denney | September 24, 2018

Party leaders made their choices for open seats on the Brooklyn and Bronx courts in a time-honored political tradition that has come under widespread criticism for its lack of transparency.

News

Kirkland Brings Back Litigator Who Tackled SDNY White-Collar Prosecutions

Christine Simmons | September 24, 2018

Robert Allen led the investigation in the insider trading case against Rep. Chris Collins and prosecuted former Foley & Larder partner Walter "Chet" Little, among other cases.

News

Increasing Tenants' Access to Counsel Has Raised Court Efficiency, Fairness, Judges Say

Dan M. Clark | September 24, 2018

The program is still in its earliest stages, which is why Chief Administrative Judge Lawrence Marks cautioned against concluding its impact less than a year after its implementation.

Analysis

The Second Circuit in the Supreme Court

Martin Flumenbaum and Brad S. Karp| September 24, 2018

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 34th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past Supreme Court term, and briefly discuss the court’s decisions scheduled for review during the upcoming term.

Analysis

Play Ball, But Beware the Cracks

Robert S. Kelner and Gail S. Kelner| September 24, 2018

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In the fall, people’s thoughts turn to—sports. Whether as a spectator or a participant, safety is important. It is essential to know if the playing field has more holes than the Mets’ starting line up and whether an injury arising out of contact with such a defect is actionable.

Analysis

Is Third-Party Funding Responsible for N.Y.’s Thriving International Arbitration Market?

Alexandra Dosman| September 24, 2018

Third-party funding can be a powerful tool for entities with meritorious arbitration claims that do not have the financial wherewithal or inclination to self-fund arbitration proceedings. As international commercial arbitration in New York continues to grow, savvy claimants are likely to seek support from third parties in increasing numbers.

Analysis

Dilution Under the Trademark Laws

Howard Wintner| September 24, 2018

The threshold requirement for a dilution claim is that the mark is “famous.” Dilution can occur in one of two ways, either dilution by “blurring” or “tarnishment.”

Brett Kavanaugh Strikes Back: 'Character Assassination Will Not Succeed'

Tony Mauro | September 24, 2018

"These are smears, pure and simple. And they debase our public discourse," Kavanaugh said in a letter Monday to the Senate Judiciary Committee. He says he has no intent to withdraw from the confirmation process.

Analysis

Computerized Innocence: The New Risk Assessment

Ken Strutin| September 24, 2018

Ken Strutin writes: Until a generation ago, wrongful conviction was perceived as an oddity in the well-oiled machinery of justice. But 30 years of exonerations, forensic reforms and wrongful conviction statistics have redrawn the landscape, which now includes computerized risk assessment.

Analysis

Corporate Restructuring & Bankruptcy

Angela Turturro | September 24, 2018

In this week's Special Report: "Drawing the Borders on Chapter 15 Bankruptcy," "Exercising Independence in Restructuring—The Path to Better Governance," "Legal Privilege Pitfalls and Perils in Bankruptcy" and "Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?"

News

Nearly 2,000 Female Lawyers in NY and Around the Country Voice Support for Christine Blasey Ford

Tony Mauro | September 24, 2018

"As women, attorneys, Americans, and mothers, we stand with and are deeply grateful to Dr. Blasey Ford for coming forward with this information," said Morghan Richardson, a partner at Davidoff Hutcher & Citron in New York and one of the organizers of the letter campaign

News

PwC Forms Alliance With NY Firm, Furthering Big Four's Ambitions in Law

Ben Wheway | September 24, 2018

The deal brings together PwC UK and the New York-based immigration specialist law firm Fragomen, handing PwC a major foothold in the U.S. market.

Monday Newspaper

New York Law Journal| September 24, 2018

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

News

Ford Agrees to Testify on Alleged Sexual Assault by Kavanaugh

Marcia Coyle | September 22, 2018

The agreement came after an intense and short period of negotiation between Senate Judiciary Chairman Chuck Grassley and Christine Blasey Ford’s legal team.

News

Ginsburg Discusses Litigation as Driver of Policy Change in Columbia Law Panel

Andrew Denney | September 21, 2018

In the decades since U.S. Supreme Court Justice Ruth Bader Ginsburg was a litigator fighting for equal rights for women, the field of interested parties has grown on both sides of the political spectrum, which often means a larger stack of amicus briefs for the high court to sift through.

News

US Commerce Secretary Ordered to Sit for Deposition in Census Immigration Status Question Suit

Colby Hamilton | September 21, 2018

U.S. District Judge Jesse Furman ruled that Ross' "intent and credibility are directly at issue in these cases."

News

Attorney Ordered to Testify Over Medical Info Request in Support Animal Housing Suit

Colby Hamilton | September 21, 2018

A U.S. magistrate judge ruled that an attorney's role in requesting medical information from an ill tenant requesting an emotional support animal wasn't shielded by privilege.

News

NY AG's Report on Crypto Exchanges Faces Backlash

Dan Clark | September 21, 2018

Kraken Exchange in one tweet thanked the New York taxpayer for funding the report and said that because of it, the company was able to view some nonpublic information on its competitors. The report by the office of New York Attorney General Barbara Underwood was released on Tuesday.

Former Chair of NYC Landmarks Preservation Commission Meenakshi Srinivasan Joins Kramer Levin

Patricia Kane | September 21, 2018

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

Legal Privilege Pitfalls and Perils in Bankruptcy

Christopher Harris and Kristof Szoke| September 21, 2018

Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple entities with differing interests.

Does Allowing Postpetition Interest on an Unpaid Make-Whole Amount Result in an Impermissible Double Recovery?

James H. Millar| September 21, 2018

Explore why the Fifth Circuit’s forthcoming decision in 'Ultra Petroleum' will have broad application.

News

AT&T Account Execs Get Final Class Certification in Overtime Pay Dispute

Colby Hamilton | September 21, 2018

U.S. District Judge Analisa Torres found that the depositions of opt-in members showed the consistencies needed to certify the class.

Exercising Independence in Restructuring—The Path to Better Governance

Adam C. Rogoff and Priya K. Baranpuria| September 21, 2018

A rising number of distressed companies are appointing independent directors or managers prior to filing for bankruptcy. While the use of independents can aid a process, they can also hinder or delay the restructuring if used improperly. The key is appointing a disinterested person who acts on the advice of appropriate professionals.

Drawing the Borders on Chapter 15 Bankruptcy

Leslie A. Berkoff| September 21, 2018

April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.

News

NY AG Wants to Try Census Lawsuit to Elicit Feds' Motive for Citizenship Question

Dan M. Clark | September 21, 2018

The lawsuit started—and continues to be—an effort by those states to block the Commerce Department from asking about citizenship on the census. But discovery over the past few months, and particularly in the last month, has shown a different side of the litigation.

Analysis

State Considers Allowing Co-Sponsorship of Hospitals by Out-of-State Health Systems

Francis J. Serbaroli| September 21, 2018

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig, LLP discusses the laws and regulations governing the control of New York’s numerous not-for-profit hospitals and hospital systems. He reports that New York’s Public Health and Health Planning Council is considering allowing out-of-state not-for-profit hospital systems to become the co-operator of hospitals in New York.

Analysis

QBI Deduction Issues for Professionals

Sidney Kess| September 21, 2018

Tax Tips columnist Sidney Kess examines some key issues related to the QBI deduction for professionals in light of recently proposed regulations (REG-107892-18, released on Aug. 8, 2018 and published in the Federal Register on Aug. 16, 2018).

Commentary

Women Castigate Columnist Who Defended Brett Kavanaugh's Conduct as a Teenager

Vivia Chen | September 21, 2018

In my last column, I took a look at Brett Kavanaugh’s alleged behavior in the teenage context, and I received an avalanche of responses—largely divided along gender lines.

News

Trump Aide Taps 'Fastest Growing' Boutique in DNC's Russia Interference Case

Meghan Tribe | September 21, 2018

For Pierce Bainbridge Beck Price & Hecht—which aims to beat firms like Quinn Emanuel at their own game—client George Papadopoulos is the firm's first foray into the legal drama surrounding Russia and the election of President Donald Trump.

Podcast

Post Quinn Emanuel Split, Faith Gay Dishes on Boutique Ambitions

Leigh Jones | Vanessa Blum | September 21, 2018

The Careerist Vivia Chen talks with the Selendy & Gay partner as part of a podcast series focused on the successes and struggles of prominent women lawyers.

Analysis

Pointers for Drafting an Effective Appellate Brief

Scott M. Himes| September 21, 2018

Think about these pointers the next time you put pen to paper for an appellate brief. They will make a difference in persuading the appellate court to right a lower court’s wrong.

Conservative Activist Ed Whelan Apologizes for Tweets About Kavanaugh Accuser

Mike Scarcella | September 21, 2018

Ed Whelan went on a Twitter storm Thursday to attack the credibility of Christine Blasey Ford, who accuses Brett Kavanaugh of sexually assaulting her during the 1980s. Whelan, a former Scalia clerk and Harvard law grad, apologized Friday for "an appalling and inexcusable mistake of judgment."

Friday Newspaper

New York Law Journal| September 21, 2018

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

Letter to the Editor

Sexual Misconduct Statute Becomes Monstrosity

Lainie R. Fastman| September 20, 2018

Presumably, the young woman knew what the condom was for and thus, presumably, the young man was convinced there was implied consent.

News

NYC, Targeting Vacant 'Zombie' Properties, Files Suit Against Lenders Including Wells Fargo, Citi

Andrew Denney | September 20, 2018

Empowered by a recently enacted state law, the New York City government is stepping up enforcement on so-called “zombie properties,” vacant homes that are underwater on their mortgages, and has filed lawsuits against lenders holding onto five such properties in Brooklyn.

News

Former Top Cuomo Aide Sentenced to 6 Years in Prison After Bribery Conviction

Dan M. Clark | September 20, 2018

Percoco, often referred to as Cuomo’s behind-the-scenes political fixer, was convicted by a jury in March on three counts of bribery in an eight-week trial.

News

New Shearman & Sterling Initiative Banks on Clients' Fintech Needs

Dan Packel | September 20, 2018

The Wall Street firm's FinTech Foundry program is aimed not just at banks and startups, but also other companies that see applications for technologies like blockchain.

Analysis

Fair Use, First Sale and Marilyn Monroe

Robert W. Clarida and Robert J. Bernstein| September 20, 2018

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: On July 20, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

Analysis

Further Ticket Sale (and Resale) Reforms Come to New York State

Anthony J. Dreyer and Andrew Green| September 20, 2018

This past July, Gov. Andrew Cuomo signed Senate Bill 8501-B, which amends and extends the current provisions of ACAL Article 25 until June 30, 2021. This article discusses the recent amendments, the majority of which become effective on Dec. 28, 2018.

Analysis

Partnership Dissolution: Court of Appeals Decides Question of First Impression

Arthur J. Ciampi| September 20, 2018

Law Firm Partnership Law columnist Arthur J. Ciampi analyzes a recent decision which will likely influence law firm partnership dissolutions in the future.

News

Barbara Jones, Cohen Special Master, Tapped to Review Child Sex Abuse Policies in NY Catholic Church

Dan M. Clark | September 20, 2018

Jones said she’s already started reviewing efforts by the archdiocese to handle cases of child sex abuse, some dating back more than two decades.

Commentary

Brett Kavanaugh Is an Originalist

Sol Wachtler| September 20, 2018

The only thing we learned about Judge Kavanaugh’s jurisprudence from his partisan sideshow of a confirmation hearing is something we already knew: that he is an “originalist” in the mold of Justice Scalia. Originalism has always had a respected place at the table of constitutional interpretation. One of the most renowned of all originalists was Chief Justice Roger Taney, who wrote the infamous 'Dred Scott' decision.

News

Judge Greenlights Ashley Judd's Suit Against Weinstein But Dismisses Sexual Harassment Claim

Ian Lopez| September 20, 2018

A federal judge in Los Angeles denied Harvey Weinstein’s motion to toss a defamation lawsuit filed by actress Ashley Judd. Weinstein had argued that the claims were barred by applicable statutes of limitations.

News

Ex-Acting GC Hits NY-Based Mitsubishi Chemical Holdings With Federal Gender Discrimination Suit

Kristen Rasmussen| September 20, 2018

In a federal lawsuit filed in New York, Jennifer Fischman accuses Mitsubishi, as well as several of its affiliates and company executives, of passing over her for the permanent role of GC and COO in favor of a less-qualified, younger and less-experienced male attorney.

Thursday Newspaper

New York Law Journal| September 20, 2018

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

News

Charter Loses Bid to File 3rd Complaint Over Union Contract Row

Colby Hamilton | September 19, 2018

The cable company wanted to argue an attempt for new contract language related to the payment and benefits of subcontractors was unlawful, but U.S. District Judge Paul Gardephe ruled that the effort would be futile.

In Brief

Justice Kornreich Joins JAMS Panel After Retiring From Bench

Christine Simmons | September 19, 2018

Justice Shirley Werner Kornreich presided over cases in the Commercial Division in Manhattan Supreme Court for close to a decade.

Debevoise Infrastructure Leader Joins Norton Rose Fulbright

Christine Simmons | September 19, 2018

After five years at Debevoise, Douglas Buchanan is leaving to co-lead the North American infrastructure practice at Norton Rose Fulbright.

News

Former Spotify Exec Alleges in Suit That Company Puts Up With Bias Toward Women

Andrew Denney | September 19, 2018

Former sales executive Hong Perez said during her time with the company she became increasingly concerned about its culture with regard to how women are treated.

News

High Court to Settle Dueling State Statutes of Limitations in Mortgage Lawsuit

Dan M. Clark | September 19, 2018

The court must decide whether Deutsche Bank’s claims against two banks are time-barred under California’s four-year statute of limitations, or fall under New York’s six-year statute.

Analysis

The Market for Lead Plaintiffs

John C. Coffee Jr.| September 19, 2018

In his Corporate Securities column, John C. Coffee Jr. writes: A drama is playing out in Boston federal court before a respected judge that could prove to be a legal “Watergate,” one that could reshape class action practice.

Analysis

‘United States v. Sertich’: Affirmative Obligations of Taxpayers

Jeremy H. Temkin| September 19, 2018

In his Tax Litigation Issues column, Jeremy H. Temkin discusses 'U.S. v. Sertich'. While criminal statutes often set forth prohibited conduct, in 'Sertich' the Fifth Circuit followed several other circuits in concluding that §7202 imposed affirmative duties that defendants must satisfy in order to avoid committing a crime.

Analysis

'Obey-the‑Law' Injunctions: Is Time Running Out for the SEC?

Elkan Abramowitz and Jonathan S. Sack| September 19, 2018

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss a recent EDNY decision and then examine the views of other courts as to whether the SEC may use an obey‑the‑law injunction to sidestep the five-year limitations period in 28 U.S.C. §2462. Lastly, they consider the decision's practical implications—how the SEC will likely respond and what defense counsel should anticipate.

Analysis

The High Bar for Challenging an Improperly Revived Patent

Scott D. Locke| September 19, 2018

The recent decision 'In re Rembrandt Technologies LP Patent Litigation' is a reminder of both the potential consequence of a patent holder’s disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.

News

Simpson Thacher Settles With Recruiter Over Sullivan & Cromwell Hire

Christine Simmons | September 19, 2018

The deal to end litigation over a partner placement came as Simpson Thacher faced the potential release of more internal firm documents.

News

NY-Based Shearman & Sterling to Open Seoul Office

John Kang| September 19, 2018

The firm will enter Asia's fourth-largest economy as U.S. rival Simpson Thacher & Bartlett prepares to exit by year's end.

News

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

Dan Packel| September 18, 2018

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

News

Mintz Adds Ex-Prosecutor in New York

Meghan Tribe| September 18, 2018

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

News

Catholic Diocese of Brooklyn Agrees to Record $27.5M Settlement With Sex Abuse Victims

Andrew Denney | September 18, 2018

In one of the biggest settlement agreements reached in New York for survivors of sexual abuse in the Catholic Church, the Roman Catholic Diocese of Brooklyn has agreed to pay $27.5 million to four persons who alleged they had been abused as children by a volunteer at the St. Lucy-St. Patrick’s church in Brooklyn, the plaintiffs' lawyers in the case said Tuesday.

News

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

Dan M. Clark | September 18, 2018

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

News

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

Sue Reisinger | September 18, 2018

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

News

SeaWorld, Ex-CEO Reach $5M Settlement With SEC for Misleading Investors Over 'Blackfish' Effect

Colby Hamilton | September 18, 2018

SeaWorld and its former CEO entered into a $5 million fraud settlement with the SEC over charges the company misled investors over the impact the Oscar-winning documentary film "Blackfish" had on the aquatic theme park's public reputation and business, regulators announced Tuesday.

Analysis

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

Ian Lopez | September 18, 2018

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

News

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

Dan M. Clark | September 18, 2018

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

Analysis

Realty Law Digest

Scott E. Mollen| September 18, 2018

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

News

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

Roy Strom | September 18, 2018

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

Analysis

Cross-Examination: Beyond Lead, Lead, Lead

Ben Rubinowitz and Evan Torgan| September 18, 2018

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

Analysis

Defense Costs Coverage 101

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

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

Analysis

Recording Mortgages: Getting It Right First

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

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

Analysis

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

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

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

News

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

Andrew Denney | September 18, 2018

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

News

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

Christine Simmons | September 18, 2018

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

News

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

Colby Hamilton | September 18, 2018

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

Q&A

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

Susan DeSantis | September 18, 2018

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

News

Experts See Few Parallels as Skadden's Ukraine Work Comes Under Fire

Christine Simmons | September 18, 2018

The controversy surrounding former partner Gregory Craig is bringing new attention to lawyers and law firms' obligations under the eight-decade-old Foreign Agents Registration Act.

News

Kavanaugh Clerks Who Have Supported Him Publicly Remain Committed

Tony Mauro | September 18, 2018

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

News

Court Notes

Patricia Kane | September 18, 2018

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

News

NY Lawyers Eye Impact of New Statewide Appellate Rules

Dan M. Clark | September 17, 2018

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

News

NY Suit Against OCC Could Delay Regulatory Clarity for Fintech Companies

Caroline Spiezio | September 17, 2018

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

News

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

Andrew Denney | September 17, 2018

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

News

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

Karen Sloan | September 17, 2018

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

Analysis

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

Rupert M. Barkoff| September 17, 2018

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

Analysis

The Foreseeability Charge in Medical Malpractice Defense

John L.A. Lyddane| September 17, 2018

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

Analysis

Making a Spectacle of Making Spectacles

Stephen M. Kramarsky| September 17, 2018

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

Analysis

Tipping Liability in the Wake of ‘Martoma II’

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

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

News

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

Dan M. Clark | September 17, 2018

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

News

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

Xiumei Dong| September 17, 2018

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