This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Nina Gershon denied a petition pursuant to 28 U.S.C. §2255 alleging ineffective assistance of trial counsel. Judge Jack B. Weinstein explained factors relevant to when a worker is an employee or an independent contractor, and when overtime pay is required for work done at home. And Judge Nicholas G. Garaufis dealt with challenges to the Trump administration’s rescission of the DACA program.

Ineffective Assistance of Counsel

In Drivas v. United States, 15 CV 2327 (Oct. 31, 2017), Judge Gershon, denying a §2255 petition, held that defense counsel’s performance in connection with a 2013 jury trial did not amount to ineffective assistance of counsel.