News

Orrick Snags Weil Gotshal's Patent Litigation Co-Chair

Scott Graham | May 21, 2018

Twenty-five year Weil Gotshal veteran (and former Orrick associate) Jared Bobrow joins Tuesday as co-lead of Orrick's global IP practice.

Analysis

State Moves to Limit Home Health Agencies

Francis J. Serbaroli| May 21, 2018

In his Health Law column, Francis J. Serbaroli of Greenberg Traurig, discusses the moratorium that New York recently imposed on licensed home health care agencies, of which there are more than 1,400 in the state.

News

Orange County Supreme Court Is on Verge of Judicial Homecoming

Jeff Storey| May 21, 2018

But the structure has been controversial in Orange County since it opened to the public in 1970. The roofs leaked, and visitors had trouble navigating the gloomy interior.

Analysis

Constructive Notice: The Duty to Inspect

Robert S. Kelner and Gail S. Kelner| May 21, 2018

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: In order to establish a prima facie case of liability arising out of a defective premises condition, a plaintiff must establish that defendant either caused and created a dangerous condition or had actual or constructive notice of it. Cases where it can be shown that defendants either had actual notice or caused and created the defect are generally easier to prove than those that require showing that a defendant had constructive notice.

Slideshow

New York University School of Law Commencement

David Handschuh | May 21, 2018

More than 1,000 students from around the world graduated from NYU School of Law on May 17 at the Hulu Theater at Madison Square Garden.

Commentary

Court Examines Theft of Computer Code in 'Aleynikov'

Stephen M. Kramarsky and John Millson| May 21, 2018

Technological advances, for all the good they bring to the world, often bring with them significant challenges for existing legal structures.

Slideshow

Brooklyn Law School Commencement

David Handschuh | May 21, 2018

More than 400 graduates walked in Brooklyn Law School's 117th commencement ceremony at the Brooklyn Academy of Music on May 18.

Analysis

Complex Litigation

Angela Turturro | May 21, 2018

In this Special Report: "Recent Developments Have Let the Air Out of Slack Fill Lawsuits," "TCPA Shakeup: Analysis of the D.C. Circuit’s Long-Awaited Decision in ‘ACA International,’" "Potential Pitfalls of the BitLicense," "Will Sovereign Immunity Shield Patent Owners From IPR Challenges?" and "New EU-Mexico Trade Agreement: What Lies Ahead for the Future of ISDS?"

News

Court OKs Dismissal of Suit Over Viacom Payments to Sumner Redstone

Tom McParland | May 21, 2018

The Delaware Supreme Court has upheld the dismissal of a derivative suit challenging more than $13 million in payments the Viacom Inc. board made to founder and former chairman Sumner Redstone, even as the billionaire media mogul's declining health prevented him from providing any services of value to the company.

Photo

NYSTLA Annual Law Day Dinner

Staff| May 21, 2018

New York State Trial Lawyers Association honored Senator Charles Schumer and Court of Appeals Judge Paul Feinman at its annual Law Day Dinner.

News

Justices, Divided, Say Employment Contracts Banning Class Actions Are Lawful

Marcia Coyle | May 21, 2018

"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."

Analysis

Marking the 50th Anniversary of 'Bruton v. United States'

Paul Shechtman| May 21, 2018

May 20, 2018 marked the 50th anniversary of the Supreme Court’s decision in 'Bruton v. United States', 391 U.S. 123 (1968).'Bruton' is a Warren Court landmark and an example of its activism in the cause of defendants’ rights.

Monday Newspaper

New York Law Journal| May 21, 2018

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

News

Judge Dismisses Ex-Host's Wiretapping Suit Against Fox News

Michael Riccardi | May 18, 2018

U.S. District Judge George B. Daniels of the Southern District of New York said Tantaros failed to state a claim and her suit was "based primarily on speculation and conjecture."

News

Lawyers for Detained Immigrant Argue He's Entitled to Bond Hearing

Andrew Denney | May 18, 2018

Lawyers for a Haitian man who has been held by immigration authorities since September for convictions of turnstile jumping in New York City argued before a federal judge on Friday that their client should be entitled to a bond hearing at the six-month mark of his detention.

News

Cohen's Lawyers Say Avenatti Has Created 'Carnival Atmosphere' in Their Bid to Block Appearance

Colby Hamilton | May 18, 2018

In a brief filed late Friday, an attorney for the president's personal attorney asked U.S. District Judge Kimba Wood to deny Michael Avenatti's pro hac vice application.

News

Headhunting Firm Seeks to Boost Claims Against Simpson Thacher

Christine Simmons | May 18, 2018

Boston Executive Search Associates said Simpson Thacher & Bartlett not only failed to pay a percentage of a recruited partner's expected $3.75 million first-year pay, but also a portion of the partner's $1 million signing bonus.

Ropes & Gray Wins $15M Verdict for Investors Who Say Manager Refused to Sell Profitable Firm

Andrew Denney | May 18, 2018

Ropes & Gray senior counsel Jerome Katz, who led the legal team representing the investors, said that Glaser used the profits from the companies, especially the relatively higher-value Parts Depot, to cover losses from other acquisitions in his portfolio.

News

Cadwalader Adds Simpson Thacher Financial Services Pro in New York

Meghan Tribe | May 18, 2018

Mark Chorazak served as lead regulatory counsel on some of the largest bank mergers in the wake of the financial crisis.

News

N.Y. Construction Company Schemed $1.8M From Workers, Investigation Finds

Denny Jacob| May 18, 2018

Six individuals have been arrested and charged with several counts of grand larceny, scheme to defraud and insurance fraud.

TCPA Shakeup: Analysis of the D.C. Circuit’s Long-Awaited Decision in ‘ACA International’ 

Robert Pees, Neal Marder, Garrett Llewellyn and Jenna Nalchajian| May 18, 2018

'ACA International' has changed the current TCPA class action landscape. To minimize the risk of litigation, companies engaging in telephonic advertising must carefully review their advertising programs to ensure compliance with the decision

New EU-Mexico Trade Agreement: What Lies Ahead for the Future of ISDS?

Javier Rubinstein, Lauren Friedman and Jonathan Levin| May 18, 2018

On April 21, 2018, the EU and Mexico announced an “agreement in principle” to update the terms of their 2000 Economic Partnership, Political Coordination and Cooperation Agreement. The new agreement advances the EU’s mission to transform the traditional investor-state arbitration in favor of a permanent bilateral investment court. It also follows similar treaties and free trade agreements between the EU and Canada, Vietnam, and Singapore. This article explores how this recent trend could affect international companies and individuals with investments in the EU.

Recent Developments Have Let the Air Out of Slack Fill Lawsuits

Meghana Shah, Brittany Cambre and Amber Unwala| May 18, 2018

While the proliferation of slack fill claims may concern food and beverage manufacturers, recent legal developments indicate that the viability of these claims may be short lived.

Will Sovereign Immunity Shield Patent Owners From IPR Challenges?

Ronald M. Daignault, Debra L. Doby and Michael A. Siem| May 18, 2018

One of the most interesting issues that’s being litigated in patent law these days is the ability to sue a sovereign entity for patent infringement or challenge the validity of a patent owned by a sovereign entity at the U.S. Patent Office.

News

Schulte Roth Bags Cambridge Analytica Bankruptcy Work

Brian Baxter | May 18, 2018

SCL USA Inc., the parent company of embattled political consultancy Cambridge Analytica, filed for Chapter 7 protection Thursday in New York.

News

NY Health Dept. Affirms Right to Medicaid Coverage for Gender Dysphoria Treatment

MP McQueen | May 18, 2018

The state health department overturned on May 11 a decision by an administrative judge that had upheld Medicaid insurer Healthfirst’s denial of coverage for a mammoplasty procedure for a 27-year-old transgender person, saying the operation was not medically necessary.

Potential Pitfalls of the BitLicense

Michelle Ann Gitlitz, Grant Buerstetta and Gregory Cronin| May 18, 2018

The BitLicense imposes significant operational burdens for virtual currency businesses operating in New York or engaging in activities aimed at New York residents.

Analysis

A Legislative Approach to the Concept of Parentage in the Age of Surrogacy and Artificial Reproduction

Alton L. Abramowitz| May 18, 2018

Divorce Law columnist Alton L. Abramowitz discusses the Child-Parent Security Act introduced by New York State Assembly Member Amy Paulin, which seeks to bring clarity to the perplexing questions concerning the determination of parentage in the modern, diverse and non-traditional family by divorce and family courts.

Analysis

Fair Use Verdict Reversed in ‘Oracle v. Google’

Robert W. Clarida and Robert J. Bernstein| May 18, 2018

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein discuss 'Oracle America v. Google', writing: With a third jury trial ahead and the stakes for both parties high enough to justify further appeals, the case is far from over.

News

Kate Logan Takes the Mic as Warner Music's New International General Counsel

Caroline Spiezio | May 18, 2018

Logan will be in charge of WMG's legal affairs around the world, including in North Africa and the Middle East, where the company recently added a new division.

Podcast

Big Law Leader Shares Struggles with Alcoholism, Challenges for Profession

Leigh Jones | Vanessa Blum | May 18, 2018

Steven Wall, managing partner at Morgan, Lewis & Bockius, says this was his turning point: "The cracks were getting bigger and everything else around me was beginning to fail."

News

Ruth Bader Ginsburg Expresses Support for New Law Clerk Hiring Plan

Marcia Coyle | May 18, 2018

Justice Ruth Bader Ginsburg spoke favorably of the plan last week during a meeting of the Federal Judges Association in Washington. Justice Elena Kagan said she supports the two-year pilot plan and will "take into account" in her own hiring whether judges and law schools comply with it.

Letter to the Editor

Justices in Town and Village Courts Should be Lawyers

Thomas F. Liotti| May 18, 2018

The New York Law Journal’s article entitled Are Times Changing For Old-School Town and Village Courts In New York? is rhetorical. It answers the question…

News

$1,745 Hourly Rate in the Toys R Us Bankruptcy Sparks Debate

Ryan Lovelace | May 18, 2018

It's easy to be impressed by individual partner rates approaching $2,000 an hour, but the widening gap between whole categories of law firms may mean more for the industry's future.

Friday Newspaper

New York Law Journal| May 18, 2018

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

News

Brothers Arrested for Running Fraudulent PACs

Colby Hamilton | May 17, 2018

U.S. Attorney Geoffrey Berman of the Southern District of New York said his office believed the case represents the first of its kind, calling it "a long overdue evaluation by law enforcement."

News

2 Fintech Firms Receive Stamp of Approval From NYDFS

Stephanie Forshee | May 17, 2018

“These approvals demonstrate DFS’s commitment to protecting consumers and the virtual currency market while encouraging innovation, such as the expanded use of blockchain, and providing strong regulatory oversight to new and existing market participants,” said Maria Vullo, superintendent of the NYDFS.

News

Judicial Candidate Says He Prosecuted Meritless Conviction Against Black Student

R. Robin McDonald | May 17, 2018

Ken Shigley told a political forum he won a felony drug case against a student registering black voters, even though he believed the charge "smelled bad."

News

Backlash Mounts Against Attorney Whose Racist Rant Went Viral

Scott Flaherty | May 17, 2018

A lawyer caught on video making racially-charged comments to employees at a Midtown Manhattan eatery has been heavily criticized since the video went viral. But will he also face attorney disciplinary action?

News

Big Law Vets Target Buzzy Blockchain for Growing Boutique

Dan Packel | May 17, 2018

A pair of former partners at Reed Smith and Hogan Lovells launched DLx Law earlier this month. They've now named their first new attorney who will split his time between Delaware and New York.

Update

Acting AG Underwood Announces Intent to Sue Purdue Pharma Over Opioids

MP McQueen | May 17, 2018

The statement of intent to sue the Stamford, Connecticut-based maker of OxyContin comes after a September 2017 announcement by a bipartisan coalition of 41 state attorneys general of an investigation into the role of major pharmaceutical companies in the current opioid epidemic.

Analysis

Trust Agreements and Due-on-Sale Clauses

Daniel G. Fish| May 17, 2018

In his Elder Law column, Daniel G. Fish writes: For the client who is considering a transfer to a trust of property that is encumbered with a loan secured by a lien, great care must be exercised at the initial stage to ensure that the property can be successfully transferred and that it can be transferred without triggering the due-on-sale clause.

Analysis

Guidelines for Shaping Your Internal Investigations

Shira Forman| May 17, 2018

In her Litigation 101 column, Shira Forman writes: Every internal investigation must be tailored to the events and issues involved, so there can be no one-size-fits-all checklist. That said, she provides some guidelines and considerations that are worth keeping in mind as you shape your investigation.

Analysis

Lawful But Never Substantial: Off-Label Use and Contributory Infringement in Hatch-Waxman Litigation

Tom Parker, Stephen Yang and Jacob Bass| May 17, 2018

This article discusses how Supreme Court precedent conflicts with the Federal Circuit’s decision in 'Eli Lilly', and why the Federal Circuit’s decision should be overturned.

News

Kirkland Private Equity Team Jumps to Gibson Dunn

Christine Simmons | May 17, 2018

The four partners making the switch were longtime partners at Kirkland & Ellis, which has mainly been on the receiving end of other firms' corporate talent lately.

Former White House Counsel Bob Bauer Exits Perkins Coie

Ryan Lovelace | May 17, 2018

Bauer will devote more time to teaching at New York University School of Law. He will split his time between New York City and Washington, D.C.

News

Avenatti Says Two More Women Have Hush Payment Claims Against Trump

Colby Hamilton | May 17, 2018

The women are being vetted by adult film actress Stormy Daniels' attorney, and allegedly were paid even more than the $130,000 Daniels received from President Trump's attorney.

Update

CBS Board Votes to Reduce Redstone's Control, Setting Up Court Showdown

Tom McParland | May 17, 2018

CBS Corp.’s board of directors late Thursday voted to strip its controlling stockholder of most of her voting power, setting up the next showdown in the media giant’s ongoing struggle with Shari Redstone and her family's National Amusements Inc. for control of the company.

News

Judge Leticia Astacio Appeals Her Removal From the Bench

Susan DeSantis | May 17, 2018

Leticia Astacio was suspended from office last month after she was arrested for allegedly attempting to make an illegal firearms purchase at a Dick’s Sporting Goods in Henrietta.

Thursday Newspaper

New York Law Journal| May 17, 2018

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

Judge Tosses Ex-Big Law Attorneys' Fraud Suit Against Boutique

Christine Simmons | May 16, 2018

Attorneys Brian Brook and Matthew Peed had alleged a host of claims against 10-attorney Simon & Partners and its founder, Bradley Simon.

News

Disclosure of Trump Reimbursement to Cohen May Raise More Legal Questions Than It Answers

Colby Hamilton | May 16, 2018

The payment appears to represent Trump's reimbursement of funds his attorney Michael Cohen paid an adult film actress to keep her from going public about an alleged affair.

News

Mount Vernon Mayor Indicted by Grand Jury on Corruption Charges

MP McQueen | May 16, 2018

Mount Vernon Mayor Richard Thomas was indicted Wednesday by a Westchester County grand jury on charges that he stole from his campaign and inaugural committees. Thomas is represented by Boies Schiller Flexner.

News

Turkish Banker Gets 32-Month Sentence in Iran Sanctions Case

The Associated Press| May 16, 2018

In a case that strained relations between the United States and Turkey, a judge sentenced a Turkish banker on Wednesday to just over two and a half years in prison, ignoring recommendations that he spend decades behind bars for his role in helping Iran evade U.S. economic sanctions.

Please Don't Repo Fido: Lawmakers Look to Ban Pet Leasing

The Associated Press| May 16, 2018

New York lawmakers are proposing legislation prohibiting lease contracts “where dogs or cats are used as collateral.”

News

Feds Move Against Investment Fund Owner, Alleging Fraud Scheme

Colby Hamilton | May 16, 2018

Brent Borland allegedly used funds raised to build a private airport in Belize for payments towards a Florida mortgage, a Mercedes-Benz and other personal items.

The Xerox Saga: Intrigue and Deception in an Iconic Corporate Suite

John C. Coffee Jr.| May 16, 2018

In his Corporate Securities column, John C. Coffee Jr. examines the recent decision in 'In re Xerox Corp. Consol. Shareholder Litigation', in which Justice Barry Ostrager enjoins the Xerox shareholder vote and requires a waiver of its advance notice bylaw.

Beyond ‘Marinello’: More Obstacles to Criminal Tax Obstruction Cases

Jeremy H. Temkin| May 16, 2018

In his Tax Litigation Issues column, Jeremy H. Temkin discusses ‘People v. Doyle,’ a tax obstruction case which “presents a cautionary tale to lawyers who make factual representations on behalf of their clients.” He concludes with an observation of the unique relevance ‘Doyle’ has today in light of President Trump’s lawyer Rudolph Giuliani’s recent comments regarding the firing of FBI Director James Comey, and offers that “if nothing else, both cases highlight the potential repercussions that statements a lawyer makes on behalf of a client can have.”

Court Applies Pre-Digital Age Law to Digital Age Technology

Lynn K. Neuner and William T. Russell Jr.| May 16, 2018

In their New York Court of Appeals Roundup column, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Aleynikov,' where the Court of Appeals addressed the question of whether intellectual property such as computer source code becomes “tangible” when it is saved to a computer hard drive.

Analysis

Appellate Division Reaffirms the Importance of Sufficiently Alleging Demand Futility in Derivative Lawsuits

Michael A.H. Schoenberg| May 16, 2018

Attorneys face myriad hurdles and pitfalls in their representation of business owners. In a recent decision, the First Department reminded us of one often overlooked in the litigation context—the importance of an owner adequately alleging demand futility in a derivative action.

News

City Officials Announce Shifts in Marijuana Enforcement Policies

Colby Hamilton | May 16, 2018

Manhattan District Attorney Cyrus Vance Jr. will stop prosecuting low-level marijuana cases beginning in August, his office announced Tuesday.

News

Supreme Court Justices Don’t Like to Be Nudged Off the Bench

Tony Mauro | May 16, 2018

Thurgood Marshall’s message was clear, and shared by most justices before and since: life-tenured Supreme Court justices don’t like to be told when to retire or move on. If anything, hinting that it is time to go seems to stiffen justices’ resolve to stay. But presidents and others keep trying.

Slideshow

Columbia Law School Graduation

David Handschuh | May 16, 2018

"Tolerate and celebrate the diversity of this nation. Respect those who are different, and encourage others to do the same. Intolerance of those who are different reflects a narrow mind and a small heart," Jeh Johnson told the Class of 2018.

News

Novartis GC Out Following Revelation of Company Payments to Trump Lawyer

Stephanie Forshee | May 16, 2018

Felix Ehrat will retire not long after it was revealed that the pharma company had signed a contract with Michael Cohen.

Wednesday Newspaper

New York Law Journal| May 16, 2018

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

News

Pillsbury Snags 13-Lawyer Tax Team From Eversheds Sutherland

Miriam Rozen | May 15, 2018

The moves double the size of Pillsbury Winthrop Shaw Pittman's state and local tax practice, beefing up its presence in New York and California.

News

Power Sharing: Law Firms Say It Can Be Nirvana but Experts See Pitfalls

Susan DeSantis | May 15, 2018

Experts aren't fond of the idea: two co-managing partners or a committee of equals running a law firm. But the leaders of some of New York's midsize firms swear by it.

Analysis

Self-Insurance and the Statute of Limitations

Jonathan A. Dachs| May 15, 2018

Insurance Law columnist Jonathan A. Dachs writes: A recent split decision of the Court of Appeals has answered an interesting question regarding whether the six-year statute of limitations under CPLR 213(2) or the three-year statute of limitations under CPLR 214(2) is applicable to a dispute with respect to the payment of no-fault (PIP) benefits by a self-insurer, and, in so doing, has raised several questions still to be answered

Avoiding Lender Liability to Contractors in Construction Loans

Jeffrey B. Steiner and Dino Fazlibegu| May 15, 2018

In their Financing column, Jeffrey Steiner and Dino Fazlibegu caution commercial mortgage lenders that they need to be vigilant in their interactions with contractors when making constructions loans, and offer advice on how to do so.

Analysis

Easing Voter Registration

Jerry H. Goldfeder and Myrna Pérez| May 15, 2018

In their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez discuss Automatic Voter Registration. As the name suggests, it requires state agencies to register those who, for example, obtain or renew a driver’s license, and the presumption shifts—a voter must now opt out from registering rather than opt in to vote.

Analysis

Awkward Positions: Second Circuit Confronts Dueling Claims for Deference

Amanda B. Protess and Frederick H. Rein| May 15, 2018

Although this landmark ruling rightfully garnered national attention as a historic civil rights victory, its unique procedural posture also raised questions in a different legal context: administrative law.

Expert Opinion

Realty Law Digest

Scott E. Mollen| May 15, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses NRT New York v. Spell, where an arbitration award denying a brokerage commission was vacated as being arbitrary and violative of public policy.

Analysis

Challenges to Privilege in International Investigations

Olivia Radin| May 15, 2018

There has been more talk than usual of late about the attorney-client privilege, particularly after the FBI executed a search warrant on the offices of President Trump’s personal lawyer, Michael D. Cohen. Putting that extraordinary situation aside, there have been a few slightly more run-of-the-mill developments over the last year that have reminded us that privilege can be a fragile thing, and one we must work hard to protect.

News

Avenatti Says Cohen's Push to Keep Him Out of SDNY Is 'Devoid of Merit'

Colby Hamilton | May 15, 2018

In a filing in support of his pro hac vice application, Stormy Daniels' attorney said he had a First Amendment right to publish financial information about Michael Cohen.

News

New York State Fines Life Insurer Over Reinsurance Arrangement

Allison Bell | May 15, 2018

The department said it needs to verify the fairness of an insurer's transactions with affiliates.

News

Wigdor Seeks to Withdraw From Defamation Suit Against Fox News

Colby Hamilton | May 15, 2018

In a brief filed Monday, the firm said irreconcilable differences with its client, former Fox News contributor Rod Wheeler, had emerged.

News

'Beloved' Housing Court Judge José Rodriguez Dies

Susan DeSantis | May 15, 2018

Supervising Judge for the New York City Housing Courts Jean Schneider called Rodriguez "the finest of men and a terrific judge." She said he was loved by all.

Profile

An International Arbitration Star With NY Roots: A Q&A with Wilmer’s Gary Born

Jenna Greene | May 14, 2018

One of the world's top arbitration experts, Wilmer Hale's Gary Born shares how he got his start, his goals as chair of the 70-lawyer practice, the benefits of "double-hatting"--and why he likes planes without wifi.

News

Answering Critics, Avenatti Says Slaying Goliaths Is His Business Model

Colby Hamilton | May 14, 2018

The California-based commercial litigation attorney and his own practice have racked up over $1 billion in verdicts in cases against some of the biggest companies and law firms out there. "I stand by the legal work we've done, and the results we've attained," he said.

News

What Are People Saying About Senate's New Lit Funding Bill?

Amanda Bronstad | May 14, 2018

The bill would require disclosure of third-party litigation funding in class actions and multidistrict litigation within 10 days of a case filing, or 10 days after a funding deal. It would also require disclosure of financing that provides cash to plaintiffs.

News

Columbia, Cornell Law Among Schools Asking Firms to Disclose Summer Associate Arbitration Agreements

Meghan Tribe | May 14, 2018

Yale Law School and 13 other top law schools are issuing a survey to law firms asking them to disclose whether or not they require summer associates to submit to forced arbitration agreements and related nondisclosure deals.

News

Kasowitz Among Creditors Hoping to Collect From $9M Dakota Apartment Sale

Christine Simmons | May 14, 2018

The apartment, formerly owned by ex-hedge fund manager Alphonse "Buddy" Fletcher, was ordered to go on sale to pay a list of creditors that includes Fletcher's former attorneys at Kasowitz Benson.

News

CBS Sues Shari Redstone to Block Possible Viacom Merger With CBS

Tom McParland | May 14, 2018

CBS Corp. on Monday sued to stop controlling stockholder Shari Redstone from pursuing a merger with Viacom, amid fears that she could act quickly to oust the CBS board and force a deal that CBS claims would irreparably harm the company and its investors.

Analysis

Deductions Missing From 2018 Business Tax Returns

Sidney Kess| May 14, 2018

In his Tax Tips column, Sidney Kess writes: The Tax Cuts and Jobs Act made many favorable tax changes for businesses. However, this same law also eliminated a number of write-offs that businesses have come to know and love.

Analysis

The Uncalled Witness

John L.A. Lyddane| May 14, 2018

Medical Malpractice Defense columnist John L.A. Lyddane writes: Section 1:75 of the Pattern Jury Instructions suggests by its very existence that the jury’s attention should be drawn to what we commonly refer to as the “missing witness.” The very title of that section, which includes “Failure to Produce Witness,” has a pejorative tone. Why should the decision of counsel not to call a particular witness be termed a “failure” to do so when the determination of whose testimony is required is such a complex and subjective judgment?

Analysis

The Million Dollar Brain

Ken Strutin| May 14, 2018

In his Criminal Law column, Ken Strutin writes: Now that lawyers have been upgraded by technology, the right to counsel needs upgrading as well.

Analysis

The Problem With Smart Contracts

Rhys Dipshan | May 14, 2018

At the CDX Academy Blockchain Brand Innovation Summit in New York, speakers explained why smart contracts will only work in limited and narrow transactional situations.

Photo

Legal Aid Society Annual Awards Dinner

David Handschuh | May 14, 2018

The Legal Aid Society hosted its 41st Annual Awards Dinner on May 10 where they presented Richard Davis, chair of the Legal Aid Society board of directors, and Herb Sturz, senior advisor to the Open Society Foundation, with the Servants of Justice award.

News

U.S. Supreme Court, Divided, Buys Into Sports Betting in NJ and Beyond

Tony Mauro | May 14, 2018

The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.

Photo

Weinberg Center Honors Lesley Stahl, Judith Gische

Staff| May 14, 2018

The Weinberg Center for Elder Justice at The Hebrew Home at Riverdale honored "60 Minutes" correspondent Lesley Stahl and First Department Justice Judith Gische at its Seventh Annual Awards of Distinction Breakfast.

News

Trove of Documents Expected to Reveal NYPD's Asset Seizure Practices

Colby Hamilton | May 14, 2018

The department handed over 160,000 documents related to a year's worth of seizures in the Bronx as part of a settlement agreement with The Bronx Defenders and Davis Wright Tremaine.

Analysis

Are Times Changing for NY's Old-School Town and Village Courts?

Andrew Denney | May 13, 2018

New York's town and village justices operate under a system devised for a prior century, and many have had their struggles with judicial discipline. But they tend to be popular in the communities they serve, offering a brand of justice that may not be expected from high-volume courts based in urban areas and county seats.

News

13 Seeking to Fill AG Role Named by Assembly

Colby Hamilton | May 12, 2018

The names of those entering the Assembly's vetting process include a member of Congress, a former Brooklyn DA, members of the Assembly, and a tech entrepreneur.

News

NRA Sues Cuomo, Supt. Vullo Over Regulatory Actions Against Gun Liability Insurers

MP McQueen | May 11, 2018

The NRA’s complaint is seeking damages for what the organization alleges are violations of members’ free speech, equal protection and due process under state and federal laws following DFS-imposed consent orders and fines earlier this month against a Chubb subsidiary and insurance broker Lockton Affinity that sold NRA-branded “Carry Guard” gun owner liability policies in New York.

News

Silver, in Retrial, Found Guilty on All Counts of Corruption

Colby Hamilton | May 11, 2018

The former head of the state Assembly was accused of honest services fraud, extortion, and other corruption crimes.

Slideshow

It's Official: Portraits of Judges Unveiled in Nassau County

David Handschuh | May 11, 2018

Portraits of retired New York State Supreme Court Justices Sondra Pardes, Edward Maron and Joseph Covello were dedicated at Nassau County Supreme Court on Friday, May 11th.

Q&A

New NYC Bar President: We Need to Work to Ensure Rule of Law Applies to All

Susan DeSantis | May 11, 2018

Roger Juan Maldonado, who takes over as the new president of the New York City Bar Association at its annual meeting Tuesday, is a partner at Smith, Gambrell & Russell.

News

ABA Moves Forward With Plan to End Law School Admission Test Requirement

Leigh Jones | May 11, 2018

The decision paves the way for schools nationwide to more easily use the GRE and other tests besides the Law School Admission Test.

Analysis

Recoverable Damages in Trade Secret and Unfair Competition Claims

Michael Hoenig| May 11, 2018

Complex Litigation columnist Michael Hoenig writes: On May 3, New York’s highest court issued a decision clarifying the state’s common law on the extent of damages recoverable in cases asserting claims of misappropriated trade secrets, unfair competition and unjust enrichment. Though the holding is important enough on the merits for litigators to digest, there is also some “entertainment” value in seeing how the jurists marshal their arguments. The subject matter is not easy but it is quite relevant in today’s litigious, technological world.

Analysis

Insider Trading, or Trading by an Insider?

Elkan Abramowitz and Jonathan S. Sack| May 11, 2018

White-Collar Crime columnists Elkan Abramowitz and Jonathan S. Sack discuss recent charges brought against an Equifax employee, which raise interesting questions as to when nonpublic information within a public company should be deemed material for purposes of insider trading enforcement.