Thursday Newspaper

New York Law Journal| April 19, 2018

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

News

Jury Finds 'Killer Nanny' Guilty in 2012 Slayings of 2 Children, Rejects Insanity Defense

Andrew Denney | April 18, 2018

The nanny whose attorneys said she committed the grisly slayings of two children while they were in her care at their family's home because the devil told her to do it was found guilty of murder on Wednesday.

News

Southwest Airlines Passengers Looking to Lawyer Up After Emergency Landing

Samantha Joseph | April 18, 2018

Less than 24 hours after a Dallas-bound Southwest Airlines jet made an emergency landing in Philadelphia Tuesday, attorney Ladd Sanger had already fielded two calls from passengers.

News

In Latest Lateral Hire, Latham Lands a New Real Estate Leader

Brian Baxter | April 18, 2018

Two months after leaving Jones Day, Michael Haas has joined Latham & Watkins in New York as co-head of the firm’s global real estate practice.

News

Plaintiffs Bar Looks to Cash In On #MeToo

Meghan Tribe | April 18, 2018

In an effort to capture legal work emanating from the #MeToo movement, plaintiffs firms across the country are registering website domain names and funding television commercials in their quest for big paydays.

News

Katten, on Hiring Spree, Adds IP Litigator From Alston & Bird

Christine Simmons | April 18, 2018

Other Alston & Bird lawyers may join Deepro Mukerjee in his move to Katten Muchin Rosenman, which has already hired about 30 lateral partners firmwide this year.

Analysis

Recent Developments Regarding Contributions to Capital

Elliot Pisem and David E. Kahen| April 18, 2018

In their Taxation column, Elliot Pisem and David E. Kahen: The change made by the TCJA to §118 has obviously narrowed the scope of the exclusion from income for non-shareholder capital contributions to corporations. Uniquest, and the statement in the TCJA Conference Report underscoring that §118 is applicable solely to corporations, may cause the courts to be even more reluctant to seriously consider any argument for an exclusion from income of non-partner contributions to partnerships.

News

Breast Implants Maker Names First GC

Kristen Rasmussen | April 18, 2018

Jeremy Livianu comes to New York City-based Establishment Labs Holdings Inc. from Redwood City, California's Nevro Corp., where he built the legal department from scratch and helped take the company public.

Analysis

Jurisdictional Scope of Franchise Act, Future Royalties, Vicarious Liability

David J. Kaufmann| April 18, 2018

Franchising columnist David J. Kaufmann discusses recent decisions tackling issues of scope of the New York Franchise Act, lost future royalties, and vicarious liability of a franchisor.

Analysis

The Power of the Trifecta: Parsing the Meaning of Mentors, Sponsors and Networks for the Millennial Lawyer

Xiyin Tang| April 18, 2018

Sheryl Sandberg’s story was aspirational but not inspirational, because it didn’t feel replicable. The trifecta approach, however, is not just replicable—it gives young lawyers something to actually work towards, rather than wish for.

News

Offit Kurman Affiliates With NY Firm, Gaining 12 Lawyers, Office Space

Lizzy McLellan | April 18, 2018

The deal with Menaker & Herrmann continues mid-Atlantic firm Offit Kurman's growth in the New York market.

Photo

Jeffrey Toobin Delivers 2018 Leslie H. Arps Lecture

Staff| April 18, 2018

“The Supreme Court in the Age of Trump” was the topic of this year's Leslie H. Arps Memorial Lecture, held at the City Bar Association.

Wednesday Newspaper

New York Law Journal| April 18, 2018

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

News

Federal Judges Say Firms, Clients Favor Male Litigators at Their Peril

Dan Packel | April 17, 2018

At a Reed Smith event, former SDNY Judge Shira Scheindlin and current U.S. District Judge Cynthia Rufe highlighted the costs of ignoring gender diversity.

News

SEC Discloses Deals With Ex-Dewey Leaders Sanders, DiCarmine

Christine Simmons | April 17, 2018

The agency's case against former Dewey executive Stephen DiCarmine now appears to be over. But that's not the case for other Dewey leaders.

News

Judge Says She'll Issue Injunction Requiring NYCHA Lead Inspections

Andrew Denney | April 17, 2018

Manhattan Supreme Court Justice Carol Edmead said Tuesday she will grant a preliminary injunction ordering the agency to conduct inspections in thousands of its units.

News

Fox News Backs Hannity, Who Says Cohen 'Never Represented' Him

Colby Hamilton | April 17, 2018

While the Fox News host downplayed his relationship to Cohen on Monday, the network stated Tuesday that Hannity continues to have its "full support."

News

'Not Worried About Blowback': Lawyers for Sandy Hook Families Discuss Suit Against InfoWars' Alex Jones

Robert Storace | April 17, 2018

Two families of children killed in the 2012 Sandy Hook Elementary School shooting sue InfoWars host Alex Jones for defamation.

Does Local Law 50 Enact an Unconstitutional Taking?

Todd Soloway and William Charron| April 17, 2018

In their Hospitality Litigation column, Todd Soloway and William Charron discuss Local Law 50 which bans conversion of more than 20 percent of rooms in hotels with over 150 rooms. They argue the law "holds large hotel owners hostage, and imposes restrictions on their ability to put hotel properties to their highest and best use," and examine how this may violate the Federal and New York State constitutions.

NYLJ Seeks GC Impact Nominations

New York Law Journal| April 17, 2018

The New York Law Journal is seeking nominations for its GC Impact award.

NYLJ Seeks In-House Legal Department Nominations

New York Law Journal| April 17, 2018

This contest recognizes outstanding work performed by general counsel and in-house legal departments over the past year.

News

Read the Documents: Sandy Hook Families Sue InfoWars' Alex Jones

Robert Storace | April 17, 2018

Two families that lost children in the Sandy Hook Elementary School shooting have sued Infowars and two of its employees, claiming the media outlet defamed them.

Analysis

A Review of 'Rodriguez v. City of New York'

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

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a fascinating 4-3 split decision in which the Court of Appeals has tackled what one judge has called “a vexing issue regarding comparative fault”—namely, whether a tort plaintiff must establish that there are no material disputed facts about whether he or she was comparatively negligent in order to prevail on a motion for partial summary judgment as to a defendant’s liability.

Analysis

The Tax Cuts and Jobs Act—How It Affects Real Estate (Part II)

Peter M. Fass| April 17, 2018

Real Estate Securities columnist Peter M. Fass continues his discussion of changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Cuts and Jobs Act.

News

Schneiderman Seeks Operational Information From Crypto Platforms

Stephanie Forshee | April 17, 2018

As the cryptocurrency market continues to get hotter, the attorney general wants to find out how firms are protecting their customers.

News

Conservative Law Prof Heckled by CUNY Protestors Warns of Troubling Trend

Karen Sloan | April 17, 2018

Josh Blackman, a professor at South Texas College of Law Houston, says "there is a lot of silence from people who should be speaking out about this."

Analysis

Crypto Industry Sweep: ICOs Under Increasing Scrutiny by U.S. Regulators

Benjamin Klein, Deborah Meshulam and Jason Chang| April 17, 2018

Regulators are now taking a more active role in investigating not just ICOs but also the companies developing funds or other investment vehicles focused on cryptocurrencies or ICOs.

News

NFL Sued by 9 Former Security Reps for Age Discrimination

Colby Hamilton | April 17, 2018

The plaintiffs allege issues arose after the NFL hired Cathy Lanier, the former Washington, D.C., chief of police, as its new security chief in 2016.

Realty Law Digest

Scott E. Mollen| April 17, 2018

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Emigrant Bank v. Rosabianca,” where the court found no meritorious defense to a foreclosure action.

Analysis

Client Poaching or ‘Blatant Money Grab’ in Flint Water Cases?

Thomas A. Dickerson| April 17, 2018

Hopefully, the court will quickly resolve the competitive tensions between interim co-class counsel and co-liaison counsel so that the affected residents of Flint may have unified and vigorous representation.

Photo

Historical Society Hosts Annual Gala

Staff| April 17, 2018

The Historical Society of the New York Courts held its annual dinner last week, honoring Sheila Birnbaum and giving attendees an opportunity to meet the Court of Appeals judges.

Photo

Police Athletic League Hosts Legal Profession Luncheon

Staff| April 17, 2018

The Police Athletic League (PAL) hosted its 20th annual Legal Profession Luncheon on April 12 at The Pierre in Manhattan. Receiving the Robert M. Morgenthau…

News

Supreme Court Ruling Ends Microsoft Email Privacy Case

Tony Mauro | April 17, 2018

“No live dispute remains between the parties over the issue with respect to which certiorari was granted,” the court stated in a three-page order.

Commentary

Citizens Frequently Ensnared in Indiscriminate Deportation Efforts

Gregory Copeland| April 17, 2018

Immigration Judge Dana Leigh Marks characterized removal proceedings as “death penalty cases heard in traffic court settings.”

Tuesday Newspaper

New York Law Journal| April 17, 2018

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

News

Judge Certifies Class of Illinois Facebook Users in Privacy Suit Over Facial Recognition

Ross Todd | April 16, 2018

The lawsuit, set to go to trial in July, confronts the company with billions in potential damages.

News

Fox Host Hannity Revealed as Cohen's Third Client, as Wood Expresses Confidence in Feds' 'Filter Team'

Colby Hamilton | April 16, 2018

The reveal in open court upstaged the presence of pornographic actress Stormy Daniels, who attended the hearing before U.S. District Judge Kimba Wood Monday.

News

Paul Weiss Sponsors Play About Civil Rights Trailblazer

Meghan Tribe | April 16, 2018

A. Pauline "Pauli" Murray, a former associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York, is the subject of a new Broadway production.

News

Manhattan Jury Awards $60M Asbestos Verdict in Favor of Late Laborer's Estate

Andrew Denney | April 16, 2018

A Manhattan jury has awarded a record-breaking $60 million asbestos verdict to the estate of a man who died from mesothelioma after working for years as a laborer near asbestos-laden boilers and construction implements.

Update

Lawyer Who Self-Immolated in Brooklyn Was Best-Known as LGBT Rights Advocate but Played Lower-Key Role for the Environment

Andrew Denney | April 16, 2018

While David Buckel, an attorney who died on April 14 after setting himself on fire in a park in Brooklyn, had become widely known for his work on LGBT causes, he spent the final years of his life out of the legal limelight and focused his energy on environmental protection.

News

Goodwin Bulks Up Life Sciences Group With Cross-Border Dechert Hires

Scott Flaherty | April 16, 2018

Goodwin Procter announced the addition of a trans-Atlantic transactions team in its life sciences group. Meanwhile, White & Case said it had hired away a debt financing partner from Goodwin in New York.

News

Case of Dead Sea Scrolls, Online Aliases Ends With Probation

The Associated Press| April 16, 2018

Indeed, the trial was so full of erudite references that it sometimes felt more like an academic conference, touching on the French Enlightenment writer Voltaire, the early 1900s Portuguese poet Fernando Pessoa, the Roman thinker Pliny the Elder, and more.

News

Cohen Claims Morgan Lewis, Squire Patton Boggs Records in Seized Materials

Christine Simmons | April 16, 2018

Records related to both global legal giants could be contained in materials seized last week by federal law enforcement officials in raids on Michael Cohen's home, hotel room and office.

Analysis

Copyright Law in the Age of Twitter

Shari Claire Lewis| April 16, 2018

In her Internet Issues/Social Media column, Shari Claire Lewis writes: A recent decision by the U.S. District Court for the Southern District of New York involving Twitter may have significant implications for online publications and, ultimately, for how people view the news.

Analysis

Enforcement of Settlement Agreements—A Case in Point

Edward M. Spiro and Judith L. Mogul| April 16, 2018

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss Judge Pauley’s detailed and thorough analysis in 'United States v. Prevezon Holdings', which provides valuable insights for counsel negotiating and seeking to enforce settlement agreements.

In Brief

New York City Jails to Accommodate Transgender Inmates

The Associated Press| April 16, 2018

"Respecting someone's gender identity or gender expression is key in making sure that everyone in New York City is living with dignity and respect," said Carmelyn Malalis, the commissioner of human rights.

Analysis

The ATA: Some Sense Brought Back Into the Mix

Lanier Saperstein and Krista Bolles| April 16, 2018

The Second Circuit’s decision in 'Linde v. Arab Bank' has reintroduced some much needed discipline into the application of the Anti-Terrorism Act.

News

NFL Accuses Lawyers, Doctors of 'Widespread Fraud' on Concussion Settlement

Max Mitchell | April 16, 2018

The NFL has asked a Pennsylvania federal judge to appoint a special investigator to look into alleged "widespread fraud" that is "infecting" the $1 billion concussion litigation settlement.

News

As Cohen and Prosecutors Wrestle, Lawyers Differ on Raid's Ripple Effect on Privilege

Jason Grant | April 16, 2018

The fundamental importance of the attorney-client privilege itself is coming intensely into focus for the general public.

Slideshow

What 10 Legal Department Luminaries Have Said About Outside Firms

Rebekah Mintzer | April 16, 2018

Here are some of the quotable (and occasionally controversial) statements those in legal departments have made about their outside partners.

Letter to the Editor

If Corporations Are People, Wells Fargo Deserves the Death Penalty

William M. Erlbaum| April 16, 2018

As an active lifelong member of the death penalty abolition movement, I never thought the time would come when I would see any benefit to be derived from an execution.

Photo

Holocaust Remembrance Day at Nassau County Court

Staff| April 16, 2018

Holocaust Remembrance Day was marked with a ceremony held in the Nassau County Supreme Court on Thursday, hosted by the Jewish Lawyers’ Association of Nassau County.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals.

Photo

Celebration of Judge Ellis' Career at CUNY Law

Staff| April 16, 2018

A career retrospective of Magistrate Judge Ronald Ellis at CUNY Law on April 11 brought together those whom Judge Ellis inspired, mentored, and empowered throughout his career at both the Southern District and the NAACP Legal Defense Fund.

News

Cooley Adds to East Coast Bench With Two 'Insurtech' Pros

Meghan Tribe | April 16, 2018

Heidi Lawson and Greg Hoffnagle are leaving Mintz Levin to join Cooley as the latter seeks to build out litigation, regulatory and insurance expertise in Boston and New York.

Monday Newspaper

New York Law Journal| April 16, 2018

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

News

Orrick Poaches V&E Energy Partner and Office Head in Tokyo, Hughes Hubbard M&A Dealmaker in NYC

Dan Packel | April 15, 2018

James Atkin was Vinson & Elkins’ Tokyo office managing partner before moving to Orrick.

News

Proceed With Caution: Geographic Expansion Carries Risks for NY's Midsize Law Firms

Susan DeSantis | April 15, 2018

"f you have 50 lawyers spread over a dozen practice areas, it’s hard to persuade clients you have the bench strength to become a powerhouse.”says Jon Lindsey, managing partner for Major, Lindsey & Africa.

News

Kirkland Takes Two From Cravath in Latest Lateral Raid

Brian Baxter | April 14, 2018

Sandra Goldstein, a top partner at Cravath, Swaine & Moore and a former head of litigation at the firm, is headed to Kirkland & Ellis with Stefan Atkinson in New York.

News

DraftKings, FanDuel in Settlement Talks Over Consumer Class Actions

Amanda Bronstad | April 13, 2018

Lawyers have asked a federal judge to halt consumer class actions against sports betting sites DraftKings Inc. and FanDuel Inc. while they hash out a possible settlement.

Investigation

Prosecutors Say Cohen Under Investigation, Rebut Privilege Claims

Christine Simmons | April 13, 2018

Documents disclosed in the Southern District of New York show that Michael Cohen, the personal lawyer for President Donald Trump, is the subject of a criminal inquiry into his personal business dealings. He also received a $500,000 "alliance fee" from Squire Patton Boggs.

News

Law Firms Rarely Have Policies About Lawyers Recording Phone Calls

Miriam Rozen | April 13, 2018

The legality of recording phone calls without permission is one thing. The ethics of doing so is another.

News

Same Evidence, but New Challenges for Prosecutors in Silver Retrial

Andrew Denney | April 13, 2018

Jury selection is set to begin in the second bribery trial of former New York State Assembly Speaker Sheldon Silver, as prosecutors are expected to present much of the same elements of a case that in 2015 won them a conviction on more than seven counts.

News

Michael Cohen's Attorneys Claim Thousands of Privileged Documents Scooped Up in Raid

Colby Hamilton | April 13, 2018

Counsel for President Trump said she'd only been brought on board Wednesday—two days after the White House, and the world, learned of the government's raid on Trump's attorney's offices.

News

Power Company's Legal Malpractice Suit Against Greenberg Traurig Gets Tossed

Christine Simmons | April 13, 2018

NextEra Energy Inc. claimed it was damaged in the form of legal fees paid to Skadden, Arps, Slate, Meagher & Flom and trial and appeal fees "amounting to millions of dollars."

Analysis

New Focus on Cryptocurrency, Familiar Questions of Jurisdiction and Territoriality

Philip Patterson and Vera Kachnowski| April 13, 2018

International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: As regulators increase their scrutiny of virtual currency markets, other foreign issuers are likely to come into their crosshairs. What actions such players take to make, or avoid, contact with the United States and whether it is enough for personal jurisdiction will continue to evolve. Similarly, the ability of U.S. securities laws to reach these marketplaces at all will be further tested as the case law develops in the near future.

Analysis

‘Mockingbird’ Stage Adaptation Raises Issues of Content Control

Michael I. Rudell and Neil J. Rosini| April 13, 2018

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini use an action filed last month concerning a live stage adaptation of 'To Kill a Mockingbird' to illustrate how critical the contractual clauses that govern the extent of the author’s creative control are when artistic visions clash between an author and (here) a producer.

Analysis

'BHUSD v. FTA': How the Court Departed From NEPA’s Presumptive Remedy to Justify a Popular Infrastructure Project

Jennifer S. Recine, Lauren Tabaksblat and Tiffany L. Ho| April 13, 2018

When a court finds that an agency has violated NEPA by overlooking or omitting an important impact from its review and remands the decision to the agency for further study, the court almost always vacates the record of decision associated with the project, stopping the project until the remand analysis is completed. In two recent decisions, however, courts departed from this presumptive remedy.

News

Wells Fargo in Talks With Regulators Seeking $1B in Sanctions

Sue Reisinger | April 13, 2018

The troubled bank reported in its first quarter financial results that it may be taking another big hit from regulators.

Photo

The City Bar Justice Center’s 13th Annual Gala

Staff| April 13, 2018

The City Bar Justice Center’s Annual Gala honored Pfizer Inc. and Fragomen, Del Rey, Bernsen & Loewy with the 2018 City Bar Justice Awards.

Commentary

A Solution to the Foreclosure Crisis

Irwin S. Izen| April 13, 2018

Lenders are frustrated, the courts are log jammed and homeowners are suffering.

News

Allen & Overy Faces Skepticism Over O'Melveny Merger as Doubts Emerge Among Partnership

Rose Walker| April 13, 2018

Partners are expressing reservations over a U.S. tie-up, as O'Melveny talks leave some unconvinced.

Photo

Holder Honored With George Bundy Smith Pioneer Award

Staff| April 13, 2018

Former U.S. Attorney General Eric H. Holder Jr. was honored with the George Bundy Smith Pioneer Award at the NYSBA's "Smooth Moves: Career Strategies for Attorneys of Color" program at Lincoln Center on April 10.

News

China Hacks on US Corporations Rising, With Law Firms, GCs Prime Targets

Ian Lopez | April 13, 2018

While China has been largely compliant with an agreement with the U.S. to not hack for intellectual property, new data indicates M&A info and contracts are viewed as fair game.

Friday Newspaper

New York Law Journal| April 13, 2018

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

News

Ex-Fiber Optic Network CEO Charged in $250M Fraud Scheme

Colby Hamilton | April 12, 2018

Elizabeth Ann Pierce allegedly forged the signatures on fake agreements showing hundreds of millions in future revenues to lure in two New York firms.

News

Court Targets Arbitrator's 'Fundamentally Irrational' Decision in Transit Worker Harassment Case

Jason Grant | April 12, 2018

The appellate decision also strongly criticized the arbitrator’s ruling for “maligning” and “blaming” multiple victims who suffered sexual harassment while working for the New York City Transit Authority.

News

Cozying Up to Tech Clients, Fenwick Ditches Midtown for Flatiron District

Christine Simmons | April 12, 2018

Two years after subletting space from Ropes & Gray to enter the New York market, the firm is moving closer to clients such as Facebook, BuzzFeed and Bitly.

News

Woman Injured in Fatal Hoboken Derailment Settles Claim for $475K

Max Mitchell | April 12, 2018

A woman injured in the fatal 2016 Hoboken train derailment has come to a $475,000 settlement with Metro-North Railroad.

News

Judge Denies Bid to Secure More Info on NYPD Cellphone Tracking

Andrew Denney | April 12, 2018

“It's crystal clear that if this court were to disclose the names of the Stingray devices, that would provide the bad actors with the capabilities of the NYPD's technology,” the judge said.

News

Class Action Over Allegedly Bogus Insurance Product Should Not Have Been Blocked, 2nd Circuit Says

Colby Hamilton | April 12, 2018

District Judge Paul Gardephe conflated the merits of the claims with the issue of standing on an issue in a New York State insurance law that isn't settled by state courts yet.

Mayer Brown Adds Ryan Suda as a Partner

Patricia Kane | April 12, 2018

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

Q&A

Ex-Chadbourne Partner Kerrie Campbell Is Ready to Talk

Vivia Chen | April 12, 2018

With her pay discrimination suit behind her, the former Big Law partner has strong opinions about women in the legal profession and the #MeToo movement.

Analysis

Ineffective Assistance Claim Rejected, DACA Rescission Barred, Virtual Currency Injunction Granted

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

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss decisions declining to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation; granting a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program; and granting the CFTC’s application for an injunction against deceptive practices regarding virtual currency “spot” trading.

Analysis

Third-Party Funding of Lawsuits Permeates the Legal Landscape

Neal M. Eiseman| April 12, 2018

The answers are not entirely clear, but one thing is certain: Third-party funding and financing is a developing, unsettled area of the law. As such, as in any new endeavor, attorneys and their clients should proceed with caution.

News

Embattled Rochester Judge, Accused of Illegal Gun Buy, Suspended From Bench

Andrew Denney | April 12, 2018

An embattled Rochester City Court judge who was on probation and who was arrested on Tuesday of illegally purchasing a shotgun has been suspended from the bench.

News

These 'Dishonest' NY Lawyers Led to $10.6M in Victim Payouts

Christine Simmons | April 12, 2018

Reimbursements last year from the Lawyers’ Fund for Client Protection included millions of dollars related to ex-law firm leader and imprisoned Ponzi schemer Marc Dreier and former prominent New York personal injury lawyer Stuart Schlesinger.

Photo

Network of Bar Leaders Dinner

David Handschuh | April 12, 2018

The Network of Bar Leaders held its Presidents’ Dinner on Tuesday at Amata Restaurant in Manhattan with Chief Judge Janet DiFiore as the guest of honor.

News

Hogan Lovells Scraps 'Broken' Review System for Associates

Ryan Lovelace | April 12, 2018

When it comes to performance feedback from their law firms, lawyers "have different expectations than I had many years ago when I was a young associate," CEO Stephen Immelt said.

News

Wilson Sonsini Partner Talks About Other Kozinski Clerks 'Waiting, Dying' to Testify in Aborted Investigation

Ross Todd | April 12, 2018

Katherine Ku spoke as part of a discussion called "Making the Future #NOTMeToo" about how women can ward off and respond to sexual harassment in the legal profession.

News

Fox May Bring Sex Harassment Claims Against Ex-Exec Who Sued Over Religious Bias

Andrew Denney | April 11, 2018

Fox Broadcasting's breach-of-contract counterclaim may proceed against a former executive who has sued the network for religious discrimination, but who Fox says was fired for violating the company’s sexual harassment policies.

News

British Lawyer in NY Found Guilty of Tax Fraud Scheme

Christine Simmons | April 11, 2018

Little was arrested in 2012 and charged with advising and helping an American family defraud the IRS by hiding millions of dollars in overseas Swiss bank accounts.

4 Former Clarence Thomas Clerks Form Legal Team to Challenge Harvard’s Admissions Policy

Tony Mauro | April 11, 2018

Adam Mortara and John Hughes, partners at Bartlit Beck Herman Palenchar & Scott, are joining William Consovoy and Patrick Strawbridge, partners at Consovoy McCarthy Park, in challenging Harvard's admissions processes.

News

Chase Credit Card Customers 'Duped' by Fees for Crypto Purchases, Suit Says

Colby Hamilton | April 11, 2018

According to the complaint, Chase credit card customers began having their cryptocurrency purchases treated as cash advances beginning in late January.

News

J&J, Imerys Hit With $80M in Punitives Over Claims Linking Talc to Mesothelioma

Charles Toutant | April 11, 2018

Johnson & Johnson and Imerys Talc America were hit with an $80 million punitive damages verdict Wednesday in a suit by a New Jersey man who said he developed mesothelioma from using Johnson's Baby Powder. Total damages in the case rose to $117 million with the addition of today's verdict to last week's $37 million in compensatory damages.

News

After DA Tries to Stop Deliberations, Jurors Acquit All 3 Defendants in Sex Tape Trial

Greg Land | April 11, 2018

The decision followed a seven-day trial of Rogers’ former housekeeper and her former lawyers, Johns Butters and David Cohen.

News

Here's What the US Supreme Court Has Said About Crime-Fraud Exception

Marcia Coyle | April 11, 2018

Since 1989, federal district and appellate courts have taken a variety of sometimes conflicting approaches to open questions concerning the crime-fraud exception to the attorney-client privilege.

Analysis

Stockholder Challenges to Executive Compensation

Joseph M. McLaughlin and Shannon K. McGovern| April 11, 2018

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: The Delaware Supreme Court recently clarified the limits of the stockholder ratification defense in litigation challenging director compensation awarded under the parameters of a stockholder-approved compensation plan.

Policy Exhaustion

David M. Barshay| April 11, 2018

In his No-Fault Insurance Law Wrap Up, David M. Barshay discusses the issues involved when an insurance policy is at or near exhaustion, including whether an insurer can ever be deemed to have waived its policy exhaustion defense.

Analysis

‘Possession, Custody or Control’—Got It?

Michael B. de Leeuw| April 11, 2018

What does it actually mean these days to have “possession, custody or control” of a document or a few bytes of ESI? It is a critical question because discovery failures can lead to adverse inferences, sanctions and infamy!