News

NY Opioid Litigation on Fast Track as Judge Rules Counties May Press Claims Against Distributors

Andrew Denney | July 17, 2018

A New York judge presiding over the state courts' multicounty opioid litigation in Suffolk County brought on behalf of a coalition of New York counties, which is being closely watched by courts in other jurisdictions around the country, has refused to toss claims against drug distributors.

News

Evan Greebel Shouldn't Go to Jail, His Former Law Partners Say

Christine Simmons | July 17, 2018

The former Big Law partner and lawyer to imprisoned ex-pharmaceutical executive Martin Shkreli "had a terrible encounter with the devil incarnate," one of his former law firm partners told a judge.

News

Former Employee of NYC's 'Taxi King' Wins Award in Sexual Harassment Suit

Andrew Denney | July 17, 2018

A federal judge in Brooklyn has awarded more than $1.34 million to a woman who brought a sexual harassment suit against Evgeny Freidman, New York City’s so-called “Taxi King” and a former business associate of President Donald Trump’s former personal attorney, Michael Cohen.

News

DAs Urge Cuomo to Veto Bill to Set Up Prosecutorial Conduct Watchdog

Dan M. Clark | July 17, 2018

Staten Island District Attorney Michael McMahon and Queens District Attorney Richard Brown wrote in the letters that the commission is unnecessary and unconstitutional.

News

SDNY Prosecutors Have 3.2M Items From Cohen Raid—and Counting: Special Master Reports

Colby Hamilton | July 17, 2018

A special master reviewing the material seized from Michael Cohen's home and offices in April has already released 3.2 million items to federal prosecutors, with more still expected, based on recent court filings.

News

Lawsuit Seeks 48-Hour Notice Before Transfer of Separated Immigrant Children Held in NY

Dan M. Clark | July 17, 2018

The lawsuit was filed on behalf of two undocumented children who the Legal Aid Society said were scheduled to be transferred immediately out of New York to a detention center in Texas that is not licensed to care for children.

Rights of First Refusal and Lender Remedies

Jeffrey B. Steiner and Scott A. Weinberg| July 17, 2018

In their Financing column, Jeffrey Steiner and Scott Weinberg discuss the potential of a Right of First Refusal to frustrate a lender’s ability to exercise remedies and certain steps a lender may take to protect itself against such potentiality.

Analysis

A Review of 'Ambac Assurance Corp. v. Countrywide Home Loans'

William T. Russell Jr. and Lynn K. Neuner| July 17, 2018

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner analyze an important decision in the residential mortgage-backed securities litigation saga.

News

Cleary and Legal Aid Client Walks Free After 25 Years in Prison

Christine Simmons | July 17, 2018

In all, at least nine convictions linked to former Brooklyn detective Louis Scarcella have been vacated.

An Evanescent Supreme Court Nomination: The Gov. Mario M. Cuomo Story

Joseph W. Bellacosa| July 17, 2018

An example from the early ‘90s offers some perspective on the subject of the looming confirmation battle of a Supreme Court nominee. The name of then-Governor Mario M. Cuomo was floated, and after a short tease, disappeared into an historical footnote. What happened?

Realty Law Digest

Scott E. Mollen| July 17, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Bistro Shop and Penny Bradley v. N.Y. Park N. Salem, Inc.," where a commercial restaurant tenant was found entitled to rescission where the owner was still doing construction work almost a decade After commencement of the lease.

Tuesday Newspaper

New York Law Journal| July 17, 2018

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

Court Notes

Patricia Kane | July 17, 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

Gender, Pregnancy Bias Suit Against Jay-Z's Streaming Music Service Clears Hurdle, But Is Pared Down

Colby Hamilton | July 16, 2018

Lisette Paulson sued Tidal, Jay-Z's entertainment company Roc Nation, and a number of individual Tidal managers in 2016, claiming seven federal and state sex and pregnancy violations after being fired the previous year.

News

NY State Officials Open Probe of Jared Kushner's Real Estate Co. Over Allegations It Forced Out Tenants

Dan M. Clark | July 16, 2018

The investigation is being handled by the governor’s Tenant Protection Unit, an office within the state Division of Homes and Community Renewal that reviews complaints of tenant harassment.

News

New Trial Bar Leader Fights Back as He Sees Patients, Consumers Facing Greater Odds

Andrew Denney | July 16, 2018

David Oddo, a name partner at Okun, Oddo & Babat, is taking the reins of the New York State Trial Lawyers Association just as the cards in his view have “become increasingly stacked” against patients and consumers.

News

In 'Bellwether,' Judge Rejects Spousal Share for Caretaker Who Married Businessman at Life's End

Andrew Denney | July 16, 2018

The caretaker for a businessman who married him in his final days forfeited her statutory share of his estate because she knowingly married him while he was mentally incapacitated, a Surrogate’s Court judge found.

News

McDermott Settles Legal Malpractice Suit Over CEO Separation Agreement

Christine Simmons | July 16, 2018

After ex-client Destination Marketing sued the firm, McDermott brought counterclaims for allegedly failing to pay attorney fees.

News

Retired Judge Robert G.M. Keating Has Died at 76

MP McQueen | July 16, 2018

Judge Keating, who also was credited with creating the first community court in the U.S. for low-level and drug offenses, died on July 14 at age 76, according to Fairchild Sons Funeral Home in Garden City, N.Y.

News

NYPD Says It Will Proceed With Disciplinary Action Over Garner Death

Colby Hamilton | July 16, 2018

In a letter to a top DOJ official, Chief Lawrence Byrnes said the department intended to move forward with internal disciplinary proceedings Sept. 1 if federal authorities do not act against the officers involved in the death of Eric Garner.

News

New York State Needs More Judges, Outgoing Senate Judiciary Chairman Says

Dan M. Clark | July 16, 2018

That would require more funding in the state budget, where spending for the judiciary has been capped in recent years, said State Sen. John Bonacic, R-Orange, the outgoing chairman of the Senate Judiciary Committee.

Analysis

Litigation

Staff| July 16, 2018

In this Special Report: "The Evolving Litigation Marketplace Demands New Ways of Doing Business," "A Field Guide to Channelling Injunctions and Litigation Trusts," "Emerging Trends in Representation & Warranties Insurance Claims" and "The Workforce Mobility Act: The Wrong Solution for Non-Compete Litigation."

Analysis

The End of NY's Unique Approach to Expert Witness Disclosure in Med Mal Cases

John L.A. Lyddane| July 16, 2018

Since the amendment of Section 3101(d) in 1985, New York state has required that litigants in medical malpractice cases disclose the substance of the testimony they expect to produce through their expert witnesses at trial.

Analysis

New York Court Confirms Enforceability of UCC Equity Interest Pledges

Janice Mac Avoy, Matthew D. Parrott, Cynthia Luo| July 16, 2018

Justice Barry Ostrager's holding in the HH Cincinnati case is highly significant. It represents the first written decision under New York law expressly confirming that when parties to complex commercial real estate financing transactions decide to include both a real property mortgage and a pledge of UCC security interests as collateral for the loan, the lender’s right to enforce its remedies pursuant to either security interest will be fully enforced.

Archiving the Internet: The 'Wayback Machine" in the Courts

Stephen Kramarsky| July 16, 2018

In his Intellectual Property column, Stephen Kramarsky discusses the ‘Wayback Machine,’ an “inconceivably large, entirely free archive that captures and preserves evidence of the contents of the Internet at a given time.”

In Brief

NY Financial Services Dept. Grants Virtual Currency License to Blockchain Payment Processor

Dan M. Clark | July 16, 2018

The licensing follows a review by the DFS of BitPay’s anti-money laundering, anti-fraud, capitalization, consumer protection and cybersecurity policies.

News

5 Things to Know About Rachel Kovner, Trump's Nominee for a NY Federal Judgeship

Tony Mauro | July 16, 2018

Here's how she got picked for the nomination, and the number of cases she's argued before the high court since 2013.

Expert Opinion

A Roundup of Tax Law Rules for Deducting Interest Payments

Sidney Kess| July 16, 2018

Interest rates are on the rise, albeit slowly. Still, individuals and businesses with debt can reduce the cost of borrowing if they can deduct their interest payments.

Monday Newspaper

New York Law Journal| July 16, 2018

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

News

Fed. Judge Quickly Curtails Drama Over Alleged 'Threatening' Calls to Wigdor

Colby Hamilton | July 13, 2018

U.S. District Judge George Daniels of the Southern District of New York succinctly put an end to a dramatic tangential episode in the ongoing lawsuit against Fox News and two people connected to a now-retracted story about the murder of former Democratic National Committee employee Seth Rich.

News

LIRR Commuters’ Suit May Continue Without Claim Notice, Judge Finds

Andrew Denney | July 13, 2018

Just as riding the Long Island Rail Road commuter train requires a ticket, bringing tort or contract claims against it typically requires a claim notice.

News

As NY Health Dept. Backs Marijuana Legalization, Attorneys Eye New Practice Area

Dan M. Clark | July 13, 2018

Legalization would create a new area of law for attorneys in New York to practice that has only been addressed through the state’s medical marijuana program.

News

Blasting Greenberg Traurig Request, Judge Says Fees 'Zooming Out of Control'

Christine Simmons | July 13, 2018

“By requesting astronomical fees, attorneys are in danger of killing the goose that laid the golden egg,” a Manhattan judge admonished.

Analysis

The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation

Richard Schoenstein| July 13, 2018

A discussion of the litigation aspects of restrictive covenants.

A Field Guide to Channelling Injunctions and Litigation Trusts

Gary Svirsky, Tancred Schiavoni, Andrew Sorkin, and Gerard Savaresse| July 13, 2018

A discussion of negotiating and litigating channeling injunctions—powerful tools available in asbestos and mass-tort bankruptcies that can provide comprehensive solutions for debtors, tort claimants, and interested non-debtor companies. The article explains the ins-and-outs of how channeling injunctions work, who can benefit from them, and what factors a company might consider in weighing whether to participate in a channeling injunction.

Emerging Trends In Representation & Warranties Insurance Claims

Douglas Bloom| July 13, 2018

You closed the deal on an important acquisition. Now, a few weeks in, you’re slowly beginning to realize that the business you purchased is different from the business you diligenced. Liabilities are popping up out of nowhere. As this drama unfolds, you take comfort in the fact that you purchased a representation and warranties insurance policy as part of the transaction. Now comes the hard part.

Commentary

Book Review: Treatise Covers the Bases on the Defense of Civil and Criminal Probes

Jeffrey M. Winn| July 13, 2018

First published in 2011, and now in its fourth edition, this handbook of best practices for handling government investigations makes important contributions to the professionalism of this preeminent area of the law.

The Evolving Litigation Marketplace Demands New Ways of Doing Business

Mario D. Cometti| July 13, 2018

Artificial intelligence is virtually everywhere. But forget about Alexa, self-driving cars and those pesky pop-up ads that follow you around the Internet. Think litigation tools. As the legal profession adapts to changes in the marketplace, more law firms are looking for alternative ways of doing business.

Analysis

Second Circuit to Decide Validity of Arbitrator’s Certification of Class Including Absent Members

Samuel Estreicher and Holly H. Weiss| July 13, 2018

Samuel Estreicher and Holly H. Weiss analyze 'Jock v. Sterling Jewelers,' a case pending in the Second Circuit, in this Arbitration column.

Analysis

Getting One’s Practice in 'Order'

Patrick M. Connors| July 13, 2018

In his column on New York Practice, Patrick M. Connors discusses the filing, entry and service of orders. These seemingly small, dry procedural steps can be critical in litigating a case.

Analysis

Understanding California's Game-Changing Data Protection Law and its Global Impact

Emily Tabatabai, Antony Kim and Jennifer Martin| July 13, 2018

California’s new Consumer Privacy Act of 2018 will likely have a significant impact on core business operations. That's true whether your business is based in New York, Europe or Asia.

In Brief

Challenge to NYC Rezoning Fails as Judge Dismisses Objection Over Gentrification Impact

Dan M. Clark | July 13, 2018

The residents claimed in a lawsuit against the city last year that the city’s environmental review of the rezoning projects was unlawful because it failed to consider how rent-stabilized tenants would be affected, particularly through gentrification.

News

Read the Document: 12 Russians Indicted Over 2016 Hacks of DNC, Clinton Emails

Colby Hamilton | Ellis Kim | July 13, 2018

All 12 are members of the Russian military intelligence service GRU, the DOJ said.

Friday Newspaper

New York Law Journal| July 13, 2018

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

News

Federal Suit Against Online Retailers, Marketer for Invasion of Privacy Is Dismissed

Colby Hamilton | July 12, 2018

U.S. District Judge William Pauley III found the numerous federal and state claims that code used by online retailers to gather detailed information from visitors to three online retailers failed.

News

Three Brooklyn Judges Reassigned Out of Borough Over Productivity Issues, Sources Say

Andrew Denney | July 12, 2018

Three Brooklyn Supreme Court judges have been transferred to new posts in other boroughs for, according to sources, falling behind on their caseloads, not holding enough trial days and spending too much time away from the bench.

News

Former SUNY Official Found Guilty on Federal Bid-Rigging Charges

Dan M. Clark | July 12, 2018

Alain Kaloyeros, the former president of SUNY Polytechnic Institute, was found guilty on Thursday on all three counts against him in a federal corruption…

News

Opioid Distributors Sue New York State Over Surcharge They Call 'Unconstitutional'

Dan M. Clark | July 12, 2018

The lawsuit seeks to strike down a new law that mandates opioid manufacturers and distributors collectively pay $100 million each year to the state over the next six years.

News

Cuomo Threatens Lawsuit if 'Roe' is Overturned. But Against Whom?

Dan M. Clark | July 12, 2018

Gov. Andrew Cuomo promised on Wednesday to sue if the U.S. Supreme Court overturns Roe v. Wade sometime in the future. But the question on social media after that promise quickly became: Sue whom?

The Global Impact of the #MeToo Movement (Part 2)

Kristie Rearick | July 12, 2018

In the first part of this article, I discussed the current political climate and widespread social media use helped #MeToo promulgate its message and impact numerous industries throughout the United States.

Analysis

Cramdowns and the Uncertain Efficient Market Post-'Momentive'

James H.M. Sprayregen and Madeleine C. Parish| July 12, 2018

As a result of the potential consequences and risks to both debtors and creditors posed by Momentive, there still remain significant opportunity and reasons for why parties should look for consensual resolutions outside of the courtroom when presented with cramdown issues.

Stay Pending Criminal Appeal, Conflict of Interest and Restitution and Forfeiture

Harvey M. Stone and Richard H. Dolan| July 12, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government’s motion to disqualify an attorney in a criminal case for an unwaivable conflict of interest and on a decision involving restitution and forfeiture.

News

Cleary's Lewis Liman, SDNY Nominee, Reports $37.7M Net Worth, $2.8M Partner Income

Christine Simmons | July 12, 2018

Liman’s partnership income and total assets dwarf those of some other law firm partners nominated by Trump for the federal bench in recent months.

Thursday Newspaper

New York Law Journal| July 12, 2018

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

In Brief

Border Protection Says NYC Mayor Crossed Border Illegally

Associated Press| July 11, 2018

New York City Mayor Bill de Blasio and his security detail violated both Mexican and U.S. immigration laws by crossing the border on foot during a…

In Brief

Hudson Valley Health Care Provider Agrees to Pay $15.6 Million for False Claims

Dan M. Clark | July 11, 2018

Health Quest Systems Inc. and a subsidiary hospital, Putnam Hospital Center, accepted responsibility for submitting improper claims to the government from April 2009 to June 2015.

News

Online Lenders Should Be Subject to State Regulations, DFS Says

Dan M. Clark | July 11, 2018

The proposal is the result of a survey the DFS sent to 48 online lenders in New York state. Thirty-five of those lenders responded to the survey.

Eric Komitee, Trump Pick for NY Court, Made Millions as Hedge Fund GC

C. Ryan Barber | July 11, 2018

Komitee joined the New York-based hedge fund in 2008 following an eight-year stint in the U.S. Attorney’s Office in Brooklyn. He identified his net worth at nearly $60 million, according to newly disclosed financial records.

News

What's Next for Blue State AGs as SCOTUS Gains New Conservative?

Dan M. Clark | July 11, 2018

New York and other states with Democratic attorneys general have two options with a new, solidly conservative judge on the Supreme Court: play defense or offense.

Judging Justice Scalia

Benjamin Rosenberg| July 11, 2018

Dechert partner Benjamin Rosenberg reviews Richard Hasen's book "The Justice of Contradictions: Antonin Scalia and The Politics of Disruption."

Analysis

Review of Developments Under State Environmental Quality Review Act

Michael B. Gerrard and Edward McTiernan| July 11, 2018

In their column on Environmental Law, Michael B. Gerrard and Edward McTiernan review the decisions issued by New York courts in 2017 under SEQRA.

Analysis

Prison Excessive Force Cases: A Primer

Ilann M. Maazel| July 11, 2018

In his column on Civil Rights Litigation, Ilann M. Maazel explains the basic standard for bringing civil rights actions for prison brutality by state or local corrections officers.

Analysis

Domestic Violence: Do's and Don'ts for Court

Toby Kleinman and Daniel Pollack| July 11, 2018

In every hearing to determine domestic violence, a court is faced with the dilemma of whether to grant or deny protection to a named plaintiff. Each state uses a different standard of proof, but the procedures are similar. Presenting a good case may positively affect later child custody decisions and distribution of assets where there is a civil case for damages.

#MeToo at Home and Abroad

Philip M. Berkowitz| July 11, 2018

In his Employment Issues column, Philip Berkowitz writes: On the international front, the #MeToo movement has had significant impact, both in employment and labor laws as well as in employment practices of multinational companies with highly mobile employees who travel from country to country, on short- and long-term assignments. Some of these employees, sad to say, wreak havoc.

Commentary

Star Litigators Notch First Win in Suit Against Charlottesville Neo-Nazis

Jenna Greene| July 11, 2018

Suing white supremacists is not for the faint of heart—but Roberta Kaplan and Karen Dunn are not backing down.

Update

City Bar Calls on NY Chief Judge to Issue New Rules on ICE Courthouse Arrests

Andrew Denney | July 11, 2018

As U.S. Immigration and Customs Enforcement agents continue to make arrests at New York state courthouses, the New York City Bar Association is calling on Chief Judge Janet DiFiore to use her authority to keep New York courthouses from being a preferred destination for agents to round up immigrants.

News

SEC Files New Charges Over Fitbit Stock Manipulation

Colby Hamilton | July 11, 2018

According to federal regulators, a Virginia engineer was part of a scheme to file fake documents through the SEC's public filing website that claimed a fake company was going to buy premium Fitbit stock at a big price markup.

News

Housing Court Seeks Judgeship Applicants

Christine Simmons | July 10, 2018

Attorneys interested in becoming Housing Court judges in New York are being encouraged to apply.

News

Theft, Bias and Retaliation Claims Fly in Ex-Partner’s Fight With Wilson Elser

Christine Simmons | July 10, 2018

Former partner Kym Cushing said the stress of his position became too much, and he was in a "drunken stupor" when he deposited firm funds in his personal account.

News

2nd Circuit Reverses Order on Cravath to Produce Documents for Foreign Litigation

Colby Hamilton | July 10, 2018

The panel said the petition to have Cravath produce documents it held on behalf of its client, Royal Dutch Shell, would do damage to the trust foreign companies have in the United States' litigation process.

The Global Impact of the #MeToo Movement (Part I)

Erika C. Collins| July 10, 2018

he #MeToo movement went viral on social media when, on Oct. 15, 2017, Alyssa Milano tweeted #MeToo. Her tweet encouraged women who have been sexually abused to post about their experiences on social media with #MeToo to demonstrate how prevalent sexual harassment is. By early November, #MeToo had been retweeted 23 million times from 85 countries.

GDPR and the Hospitality Industry

Todd E. Soloway and Bryan T. Mohler| July 10, 2018

In their Hospitality Law column, Todd E. Soloway and Bryan T. Mohler focus on the implications of the GDPR on the various players in the hospitality industry, including owners, operators, brands and management companies, address who may be liable in the event of GDPR violations, and offer advice on how companies in the hospitality industry can ensure GDPR compliance and better oversee the management of personal data.

Analysis

Realty Law Digest

Scott E. Mollen| July 10, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord’s efforts to abate violations.

Too Little, Too Latte: What Businesses Should Take Away From the Starbucks Predicament

Robert G. Brody and Lindsay M. Rinehart| July 10, 2018

What can other employers learn from Starbucks' recent highly publicized troubles over the arrest for trespassing in Philadelphia of two African-American men who were waiting for a friend? The men were arrested and jailed for several hours before they were released without charges.

News

Federal Judge Tosses Copyright Infringement Lawsuit Against 'The Art of Fielding' Author

Colby Hamilton | July 10, 2018

U.S. District Judge Alvin Hellerstein found that, after reading both works, the claims of "striking similarities" between the unpublished work of the plaintiff and the award-winning novel were unavailing.

Update

Plaintiffs Lawyer Donziger Suspended in Wake of Judge's Findings of 'Fraud' and 'Coercion' in Chevron Pollution Case

Andrew Denney | July 10, 2018

An state appellate panel in Manhattan said a federal court’s findings “constitute uncontroverted evidence of serious professional misconduct which immediately threatens the public interest.”

Indefiniteness of Claim Terms Reciting a Term of Degree After 'One-E-Way' and 'Sonix'

Lewis R. Clayton and Eric Alan Stone| July 10, 2018

Some patents define the boundaries of their inventions using qualitative terms of degree, rather than quantitative measures. Patents must, however, reasonably inform skilled readers about what is within and what is outside the scope of their claims, and terms of degree can be subjective.

Underwood Urges US Senate to Reject Kavanaugh, Insist on 'Fair, Independent' Nominee

Dan M. Clark | July 10, 2018

Trump’s pick, Judge Brett Kavanaugh, could reverse “decades of protections” for marginalized groups in the U.S., Underwood said.

Latham Adds Goodwin Private Equity, M&A Partner in New York

Meghan Tribe | July 10, 2018

Jane Greyf is returning to Latham & Watkins, where she began her career nearly two decades ago.

Big Law, Academia & Advocates: Early Lines on Kavanaugh

ALM Staff| July 09, 2018

The nomination of Brett Kavanaugh triggered a flood of responses from top appellate lawyers in Big Law, law school professors and advocates on the right and left. We've compiled some notable remarks below.

SCOTUS Nominee Brett Kavanaugh In His Own Words: 'Tune Out the Crowd Noise'

Tony Mauro | Mike Scarcella | July 09, 2018

“If it’s a tight case, a controversial case, and you’re wondering where he will come out, often times it’s good to put your chips on the individual, rather than the government," Brett Kavanaugh once said about Justice Anthony Kennedy, for whom he clerked.

Seven Brett Kavanaugh Opinions That Will Find Renewed Attention

Tony Mauro | July 09, 2018

Firearms. The environment. Executive power. Judge Brett Kavanaugh's D.C. Circuit rulings will come into sharp focus now, as his Supreme Court nomination advances.

Trump Picks Brett Kavanaugh, Conservative Stalwart on DC Circuit, for Supreme Court

Tony Mauro | July 09, 2018

In picking the 53-year-old Brett Kavanaugh of the D.C. Circuit, Trump opted for a hard-to-defeat nominee whose Ivy League credentials are similar to those of Neil Gorsuch, the president's first Supreme Court nominee. Kavanaugh is a Washington-area native who has ruled to dial back federal agencies and broaden gun rights.

News

Sharp Contrasts Mark Opening of Columbia Business School Sexual Harassment Trial

Colby Hamilton | July 09, 2018

Attorneys for each side painted starkly different versions of events in the sexual harassment suit brought by former assistant professor Enrichetta Ravina against Columbia professor Geert Bekaert and the school.

Analysis

Some Attorneys Question Family Court Judge's Call to Reconsider Law for Protective Orders

Andrew Denney | July 09, 2018

Queens Family Court Judge John Hunt said that an “overburdened” Family Court could benefit from state lawmakers taking another look at provisions of the Family Court Act, a 45-year-old statute that was amended a decade ago to allow partners in intimate relationships to seek orders of protection in Family Court.

King & Spalding Emerges as Latest Big Law Suitor for IP Litigators

Christine Simmons | July 09, 2018

The Am Law 100 firm, which has been busy this year recruiting new partners, as hired a new chairman of life sciences patent litigation from Paul Hastings.

News

NY Health Dept. Issues New Regs for Medicaid Coverage of Gender Dysphoria Treatment

Dan M. Clark | July 09, 2018

Two years after a federal court decision expanded Medicaid coverage for gender dysphoria in New York, the state has issued new guidance to streamline delivery of those benefits.

News

Former Driver for Trump Says in Lawsuit He Wasn't Paid Overtime

Andrew Denney | July 09, 2018

The former personal driver for President Donald Trump, who is now chauffeured by the Secret Service, alleges in a lawsuit filed Monday that his former boss stiffed him on overtime pay and that, despite Trump’s wealth, he hasn’t gotten a raise in 12 years.

Analysis

New Antitrust Regulators and New Markets

Shepard Goldfein and Karen Hoffman Lent| July 09, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent ask whether current approaches to antitrust review are effective in protecting competition, in view of the prevalence two-sided markets and “big data.”

Top Law Firms in New York Remain in Growth Mode

Christine Simmons | July 09, 2018

An uptick in demand among the biggest New York firms is helping to drive head count increases, especially for associates.

NYLJ 100: Largest Firms by Number of Lawyers in New York

Staff| July 09, 2018

The NYLJ 100 ranks the 100 largest firms by number of lawyers in the state of New York. Every private law office in the state is considered, irrespective…

Analysis

Is Standing Jurisdictional to Be Raised First Time on Appeal?—Part II

Elliott Scheinberg| July 09, 2018

Part I, yesterday, began the analysis of whether standing has a jurisdictional impact by examining the epicenter of appellate review, the doctrine of preservation, standing, subject matter jurisdiction, and the treatment of standing in the First Department. Part II continues the analysis.

Analysis

Outsourcing Fraud Claims Viable Despite Affirmation

Richard Raysman and Peter Brown| July 09, 2018

In their Technology Law column, Richard Raysman and Peter Brown discuss the circumstances, legal analysis and conclusions surrounding “W.G. Bradley v. intelligence” where a software customer’s fraud claims survived dismissal even after partial affirmation of the underlying agreement.

Avi Schick Joins Troutman Sanders

Adele Carter| July 09, 2018

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

Harvey Weinstein Pleads Not Guilty to Additional Sexual Assault Charges

Andrew Denney | July 09, 2018

Weinstein has been hit with one count of first-degree criminal sexual act and two counts of predatory sexual assault, which relate to conduct from 2006 and involve a victim who is as yet unnamed.

News

Greenberg Financial Services Litigators Jump To Mintz Levin

Christine Simmons | July 09, 2018

Pete Michaels, who was a co-leader of Greenberg Traurig's financial regulatory practice, said law firms are like the porridge in the Goldilocks tale, and Mintz Levin was just right.

In Brief

Court of Appeals Agrees to Consider New Trial in Murder Case

Dan M. Clark | July 06, 2018

Court of Appeals Judge Rowan Wilson granted prosecutors leave to appeal a decision from the Appellate Division, Second Department that threw out John Giuca’s conviction in February.

Expert Opinion

The Facts and Misconceptions Between Undue Influence and Mental Capacity in New York

Kristie Rearick | July 06, 2018

In their Trusts and Estate Law column, C Raymond Radigan and John G. Farinacci discuss guardianship matters and claims challenging transactions to which elderly and infirm individuals were parties.

News

Love of Trial Work Keeps 2nd Circuit Judge Chin in Unique Role at SDNY

Colby Hamilton | July 06, 2018

Despite being elevated to the Second Circuit nearly eight years ago, Judge Denny Chin has maintained a regular presence at the district level, including a trial set to begin this month.

News

Supreme Court Strikes Down NY Title Insurance Regulation

Dan M. Clark | July 06, 2018

Justice Eileen Rakower issued a decision reversing the rule announced by the state Department of Financial Services in October 2017. The state plans to appeal the decision, DFS Superintendent Maria Vullo said.