Tuesday Newspaper

New York Law Journal| August 21, 2018

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

News

Justin Timberlake's Second Trip to Federal Circuit Not a Bad Thing

Scott Graham | August 20, 2018

He, Britney Spears and their production companies won all requested attorney fees in a patent fight over panoramic displays.

News

Cuomo Signs Bill Creating Watchdog Commission for Prosecutor Conduct

Dan M. Clark | August 20, 2018

Cuomo’s approval was contingent on changes to the legislation, which prosecutors have vowed to challenge in court.

News

Judge Finds Reasons to Doubt Validity of Brooklyn DA's Will, Vacates Decree

Andrew Denney | August 20, 2018

A Surrogate’s Court judge vacated a probate decree for the hotly contested will of the late Brooklyn District Attorney Kenneth Thompson, which cut Thompson’s relatives out of the estate and left everything to his wife and children, finding that there are reasons to doubt the validity of the will.

News

NYU Drops Med School Tuition. Will Law Schools Follow Suit?

Karen Sloan | August 20, 2018

Experts said that law schools are generally more dependent on student tuition than are medical schools, making it less likely that a law school will ditch tuition entirely.

Analysis

Consent Overcomes Internet Privacy Concerns in Data Mining Case

Shari Claire Lewis| August 20, 2018

In her Internet Issues/Social Media column, Shari Claire Lewis discusses Cooper v. Slice Technologies which is "useful for Internet businesses and consumers alike when navigating the often confusing world of online privacy."

Analysis

Court of Appeals and Appellate Practice

Angela Turturro | August 20, 2018

In this Special Report: "Words with Conviction: Effective Appellate Oral Argument," "Criminal Cases Faced an Often Divided Court This Term," "Court Addresses Wide Spectrum of Unresolved Issues in Tort Law," "Procedural Decisions: Something for Everyone" and "So Far, No Consistent Lineup of Judges for Carriers or Policyholders."

Expert Opinion

In 'Ambac,' Judge Attempts to Make Sense of New York's Economic Loss Rule

Edward M. Spiro and Judith L. Mogul| August 20, 2018

New York’s economic loss rule, which acts as a check on asserting tort claims for purely economic damages, has long confounded practitioners.

Expert Opinion

Impact of the Tax Cuts and Jobs Act on Securities Investors

Sidney Kess| August 20, 2018

The Tax Cuts and Jobs Act of 2017 (TCJA) did not make any major changes for the taxation of gains and losses from securities transactions.

In Brief

NYC Settles With US Attorney's Office Over Disability Accommodations at Rikers

Dan M. Clark | August 20, 2018

Berman’s office said an investigation found the architecture of three facilities was not accessible for inmates living with disabilities, and that the city did not provide adequate accommodations for inmates at their request.

From 'Nomura' to 'Ambac': Where Does the Law on Sole Remedy Clauses Stand?

David B. Saxe, Danielle C. Lesser and Michael Mix| August 20, 2018

Plaintiffs Ambac Assurance Corp. and others (collectively, Ambac), an insurer, sought to use contractual remedies other than the sole remedies clause in connection with its claim that defendants Countrywide Home Loans, Inc. and others, (collectively, Countrywide) breached various representations and warranties contained in the insurance and indemnity agreements (the I&I agreements) between the parties.

Monday Newspaper

New York Law Journal| August 20, 2018

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

News

Ex-Big Law Partner Gets 18 Months in Prison for Stock Fraud Scheme

Andrew Denney | Christine Simmons | August 17, 2018

Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, is headed to prison after working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

News

HUD Hits Facebook With Administrative Complaint, Alleging Housing Discrimination

Ian Lopez | August 17, 2018

HUD's complaint comes in an ongoing SDNY litigation against the social media company for alleged discrimination on grounds such as sex, race and family status.

News

Candidates for AG Support Changes to Prosecutorial Misconduct Commission Bill

Dan M. Clark | August 17, 2018

The bill has faced increased scrutiny in recent days from prosecutors who are mounting a legal challenge to the legislation, which has been fueled by a memo from Attorney General Barbara Underwood’s counsel warning the bill may not survive judicial review.

News

Special Master Finishes Privilege Review of Cohen Material

Colby Hamilton | August 17, 2018

Bracewell partner Barbara Jones said nearly 7,150 items were found to be privileged among the millions seized by the government in April.

Procedural Decisions: Something for Everyone

Patrick M. Connors| August 17, 2018

There’s something for everyone in the procedure decisions handed down by the Court of Appeals during its 2017-2018 term—from personal injury lawyers to commercial litigators.

Court Addresses Wide Spectrum of Unresolved Issues in Tort Law

Jeffrey S. Lichtman| August 17, 2018

A look at four decisions handed down by the Court of Appeals in the past term that addressed a wide range of unresolved issues in tort law.

Criminal Cases Faced an Often Divided Court This Term

Paul Shechtman| August 17, 2018

The 2017-2018 term of the New York Court of Appeals in criminal law was different from others in recent years. First, the court decided only 58 cases. Second, 30 decisions were decided by memorandum opinion; no judge signed his or her name to the decision. Third, the court was often divided. There is much for a reviewer to discuss.

Analysis

So Far, No Consistent Lineup of Judges for Carriers or Policyholders

Evan H. Krinick| August 17, 2018

Evan H. Krinick discusses the key insurance cases decided by the Court of Appeals and concludes: "At this early stage in this court’s history, there does not yet seem to be a consistent lineup of judges on the carrier or the policyholder side."

Expert Opinion

Words with Conviction: Effective Appellate Oral Argument

William B. Stock| August 17, 2018

Busy appellate courts have adopted rules that allow them to dispense with oral argument if they see no need for it, and many appellate judges have said that argument only “occasionally” changes their mind. But what if your appeal is one of those “occasional” ones? This article offers up some suggestions for making your best oral argument after you have locked your finest written efforts into print.

Analysis

Supreme Court Tackles Two-Sided Platforms

Elai Katz| August 17, 2018

In his Antitrust column, Elai Katz analyzes the U.S. Supreme Court's recent decision regarding credit card transactions, 'Ohio v. American Express.'

News

Former Law Clerk Claims State Judge Sexually Harassed Her

Colby Hamilton | August 17, 2018

On top of being sexually harassed by acting Supreme Court Justice Douglas Hoffman, Alexis Marquez claims her complaint led to the watering down of the court system's sexual harassment policy.

Analysis

Critical DFS Cybersecurity Deadline Approaching: Additional Controls Required

Andrew Jacobson| August 17, 2018

The regulation defines “cybersecurity events” as any act or attempt, successful or unsuccessful, to gain unauthorized access to, disrupt, or misuse an information system or information stored on such information systems.

News

Milbank Associate Training Program Targets the Art of the Deal

Meghan Tribe | August 17, 2018

Deals@Milbank is the latest in a suite of associate training initiatives at the firm, one of several law firms to beef up its programs for young lawyers in recent months.

News

Trump’s EPA, Delaying Obama Rule, Makes ‘Mockery’ of Law, DC Circuit Says

Mike Scarcella| August 17, 2018

"EPA may not employ delay tactics to effectively repeal a final rule while sidestepping the statutorily mandated process for revising or repealing that rule on the merits," D.C. Circuit Judges Judith Rogers and Robert Wilkins wrote Friday.

News

AG Candidate Unveils Proposal to Build on Martin Act, Combat Wall Street Abuses

Dan M. Clark | August 17, 2018

Teachout’s proposal comes on the heels of a contest this week between Democrats running for attorney general over who would be the strictest monitor of abuses by those firms, or the "Sheriff of Wall Street."

Friday Newspaper

New York Law Journal| August 17, 2018

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

In Brief

Seyfarth Partner Tapped for Ambassador Post Reports $723K Partnership Income

Christine Simmons | August 16, 2018

Adrian Zuckerman, President Donald Trump's nominee to serve as U.S. ambassador to Romania, cited prominent New York real estate clients among his top sources of income.

News

Split Appeals Court Finds for Landlords in Rent Overcharge Disputes Who Received Tax Abatement

Andrew Denney | August 16, 2018

In a victory for New York residential landlords, the majority on a divided Manhattan appeals court found that there is a hard four-year limit to calculate damages in rent overcharge cases involving buildings where landlords are reaping the benefits of a controversial and complex tax abatement credit.

News

Marie Napoli's Defamation Claim Proceeds Against Husband's Ex-Partner, Attorney

Christine Simmons | August 16, 2018

While a judge allowed Marie Napoli’s defamation and tort claims to continue, she dismissed several other claims, including for negligent infliction of emotional distress, malicious prosecution and abuse of process.

News

Sponsor of Prosecutorial Misconduct Commission Bill Expects Approval From Cuomo

Dan M. Clark | August 16, 2018

A spokesman for Cuomo said on Thursday that the bill is still under review and that they are engaging with stakeholders.

News

Mother, Daughter Finalize SEC Settlements in Rep. Collins Insider Trading Case

Colby Hamilton | August 16, 2018

Lauren and Dorothy Zarsky were charged with using non-public insider information provided second-hand from Rep. Collins to dump shares in a drug company he was a board member of.

Commentary

Has Federal Pre-emption Killed Drug Design Litigation?

Michael Hoenig| August 16, 2018

The common law of products liability traditionally posits three major theories of liability: defectively manufactured products; defectively designed products; and those rendered defective because of absent or inadequate warnings.

Analysis

Five Things Employers Must Know About NY’s New Anti-Sexual Harassment Laws

Randi May and Kathleen Lowden| August 16, 2018

Employers should not replace their current policies with the model policy or simply adopt it without consulting a labor and employment lawyer.

News

35 AGs File Amicus Briefs Citing a State's 'Unique Role' in Fixing the Opioid Crisis

Amanda Bronstad | August 16, 2018

Opioid manufacturers and one distributor say the complaint against them lacks specifics to back up deceptive trade practices and public nuisance claims. But the amicus briefs said none of that mattered because a state has a “unique role” in the opioid crisis.

Expert Opinion

Lessons From Buzz Aldrin Guardianship: Twin Filings Put Focus on Abuse

Daniel G. Fish| August 16, 2018

In his Elder Law column, Daniel G. Fish writes: Buzz Aldrin was the second person to set foot on the moon’s surface and only 12 people have set foot there. But now he is one of an estimated one and a half million adults who are the subject of guardianship proceedings in the United States.

Analysis

NY Legal Market Is Most Active Battleground for Lateral Moves

David J. Parnell| August 16, 2018

A shift in the way firms are pursuing laterals is disrupting the market and New York will be the primary battleground.

Thursday Newspaper

New York Law Journal| August 16, 2018

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

News

Cooley Adds Boies Schiller Partner in Latest New York Hire

Meghan Tribe | August 16, 2018

New partner Philip Bowman said Cooley's bet on emerging companies could help it become "the law firm of the economy of the next 10, 20, 30 years."

News

Charges Filed in Killing of Mayer Brown’s Stephen Shapiro

Roy Strom | August 15, 2018

The death of Mayer Brown partner Stephen Shapiro has led to murder charges being filed against his brother-in-law, John Gately III.

News

Kasowitz, After Suing Another Firm, Faces Its Own Malpractice Claim

Christine Simmons | August 15, 2018

"Now Kasowitz is getting some of its own medicine," said Stephen Meister of Meister Seelig & Fein, the defendant in an earlier malpractice case handled by Kasowitz Benson Torres.

News

After Remand, Judge, Again, Grants Class Cert in Goldman Securities Suit

Colby Hamilton | August 15, 2018

U.S. District Judge Paul Crotty said the defendants were unable to defeat the 'Basic' presumption afforded the plaintiffs based on a preponderance of evidence.

Loan v. Distribution: ‘Illinois Tool Works v. Commissioner’

Elliot Pisem and David E. Kahen| August 15, 2018

In their Taxation column, David E. Kahen and Elliot Pisem discuss ‘Illinois Tool Works v. Commissioner,’ a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.

News

After Pennsylvania Report, Cuomo Calls on Senate to Pass Child Sex Abuse Statute of Limitations Bill

Dan M. Clark | August 15, 2018

Cuomo’s statement was in reaction to a grand jury report out of Pennsylvania that alleges more than 300 clergy members sexually abused more than 1,000 victims.

News

Omarosa's Florida Lawyer Takes to Twitter in Feud With Trump Campaign

Raychel Lean | August 15, 2018

Former White House employee Omarosa Manigault Newman is assembling a team of lawyers to fight the Trump campaign's allegations that she violated a nondisclosure agreement when she released an audio tape of her firing.

Analysis

Rule 3211(a)(1) Documentary Evidence in an Electronic Age

Thomas J. Hall and Judith A. Archer| August 15, 2018

In their Commercial Division Update column, Thomas J. Hall and Judith A. Archer address the New York Court of Appeals’ recent decision evaluating documentary evidence consisting of emails and compatible correspondence.

Analysis

Personal Jurisdiction and Venue Transfer: A Multi-Pronged Approach to Successful Motions to Dismiss

Russell M. Yankwitt and Dina L. Hamerman| August 15, 2018

The implications of 'Daimler' for corporate defendants cannot be overstated.

In Brief

NYC Announces 4 New Borough-Based Jails in Anticipation of Rikers Closure

Andrew Denney | August 15, 2018

The New York City government has unveiled its proposals for new jails based in four of the city’s five boroughs to take the place of the sprawling detention facilities on Rikers Island, which since last year has been in the process of closing down.

News

Attorneys for Convicted Former Assembly Speaker Sheldon Silver Begin Appeals Process

Dan M. Clark | August 15, 2018

Silver, a Democrat, was convicted on seven counts of federal corruption in May for accepting millions in referral fees from two law firms with business before the state. It was his second conviction in the matter.

News

Attorney in NY NRA Suit Facing Ethics Questions in Connected Virginia Action

Colby Hamilton | August 15, 2018

Attorney William Brewer III was ordered by U.S. District Judge Liam O'Grady to appear before him over statements on a pro hac vice application in Virginia federal court.

News

Omarosa-Trump Tapes Could Mean 'Open Season on Privacy Rights' in the Workplace, Attorneys Say

Raychel Lean | August 15, 2018

Lawyers from across the country shared their responses to the tapes, and what they demonstrate about how privacy laws play out across states.

Wednesday Newspaper

New York Law Journal| August 15, 2018

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

News

Judge Preserves Claims Against NYC Housing Authority in Lead Paint Lawsuit

Andrew Denney | August 14, 2018

A federal judge has preserved claims in a proposed class action filed against the New York City government and the embattled New York City Housing Authority for allegedly failing to inspect for and remove lead paint from public housing and declined to let the city off the hook as a defendant in the case.

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.

News

Charter Asks Court to Block AG's Request for Trade Association Communications

Dan M. Clark | August 14, 2018

Attorneys for Charter said in a recent letter to Manhattan Supreme Court Justice Peter Sherwood that certain documents are protected under attorney-client privilege and should not be made available to Attorney General Barbara Underwood in her lawsuit against the cable and internet provider.

Analysis

A Field Guide to Asset Forfeiture

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

Weinstein Sex Trafficking Charges Survive Motion to Dismiss

Colby Hamilton | August 14, 2018

Acknowledging the unique arguments under federal sex trafficking statutes, Judge Robert Sweet found the allegations plausible that Weinstein enticed an aspiring female actor to perform a commercial sex act at the 2014 Cannes film festival.

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

Mayer Brown Supreme Court Practice Founder Shot and Killed

Roy Strom | August 14, 2018

Stephen Shapiro, a former U.S. deputy solicitor general and leading Supreme Court advocate, is dead at 72.

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.

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.

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.

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.