Dunnington Bartholow & Miller Adds Fashion Lawyer Olivera Medenica as Partner

Patricia Kane | May 25, 2018

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

Racetrack Operator Seeks to Recover $150M in Lost Sports Bets From NCAA, Leagues

Charles Toutant | May 25, 2018

In a motion filed in federal court in Trenton, the New Jersey Thoroughbred Horsemen's Association is seeking reimbursement of nearly $150 million in wagers that it says it would have collected during years of litigation waged over the state's desire to legalize sports betting.

Photo

City Bar Association Hosts Ginsburg Lecture

Staff| May 25, 2018

The New York City Bar Association held its annual Justice Ruth Bader Ginsburg Distinguished Lecture on Women and the Law on Tuesday.

Letter to the Editor

At the End of His Life, Lawyer Who Labored in Obscurity Deserves Recognition

George A. Farkas| May 25, 2018

I needed to write this now so that Mike and his family have a chance to read it together. His doctors recently informed him that his time is running out.

Expert Opinion

Lawyers and Alcohol Abuse: NYC Lawyer Assistance Program Is Here to Help

Priscilla Lundin| May 25, 2018

The findings of the landmark study of 13,000 currently practicing lawyers by the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation (ABA/Hazelden study) published in the American Bar Journal in 2016 and elsewhere, revealed that between 21 and 36 percent qualified as problem drinkers.

News

Mount Vernon Mayor Pleads Not Guilty to Felony Grand Larceny Charges

MP McQueen | May 25, 2018

Mount Vernon Mayor Richard Thomas pleaded not guilty on Friday to felony grand larceny charges at his arraignment in Westchester County Court in White Plains, according to several reports.

Calendar of Events

Patricia Kane | May 25, 2018

Upcoming events and CLE classes by local bar associations, courts and other presenters.

News

Plaintiffs Plot 'Way Around' Supreme Court's Ruling Against Worker Class Actions

Marcia Coyle | May 25, 2018

There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.

Photo

Metropolitan Black Bar Association 34th Anniversary Gala

Staff| May 25, 2018

The Metropolitan Black Bar Association 34th anniversary awards gala took place on May 18 at Pier Sixty in Manhattan.

Friday Newspaper

New York Law Journal| May 25, 2018

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

Partial Verdict in NY Politicians' Corruption Case

The Associated Press| May 24, 2018

A former top official for a Long Island town accused of taking bribes has been acquitted of all corruption charges.

News

Nixon Peabody Beefs Up NY Real Estate Group With New Partner, New Practice

Meghan Tribe | May 24, 2018

The firm added infrastructure partner Roderick Devlin from Squire Patton Boggs, and separately launched a new cooperative and condominium practice led by Erica Buckley.

Analysis

After Shake-up, NY AG's Office Remains Backstop for Trump-Related Probes

Colby Hamilton | May 24, 2018

The same day Barbara Underwood was selected as interim attorney general the office was part of a plea agreement with an associate of Michael Cohen who agreed to cooperate with the government.

News

Harvey Weinstein to Surrender After Sexual Assault Investigation

The Associated Press| May 24, 2018

Law enforcement officials say Harvey Weinstein is expected to surrender to authorities Friday morning to face criminal charges in a months-long investigation…

News

New York Law School Launches Nation's First Gun Control Clinic

Karen Sloan | May 24, 2018

The program is a partnership with Everytown for Gun Safety, which was founded in 2014 by Michael Bloomberg as a counterweight to the National Rifle Association.

Analysis

With Sweeping Reforms Off Table, OCA Has Taken Modest Steps to Modernize NY's Town Courts

Andrew Denney | May 24, 2018

The Office of Court Administration has done what it can to improve New York’s small-town courts, including the launch of a pilot program last year in four counties to hold centralized arraignments at fixed times of the day, which has drawn interest from other counties.

Analysis

A Study in Intention: Contract Third-Party Beneficiaries and Duplicative Causes Against an Architect

Eugene H. Goldberg| May 24, 2018

On Feb. 15, 2018, the New York Court of Appeals, in Dormitory Authority of the State of New York v. Samson Constr. Co., 2018 NY Slip Op. 01115, issued a significant opinion discussing contract third-party beneficiaries and duplication of causes of action in contract and malpractice.

Slideshow

Fordham Law School Commencement Ceremony

David Handschuh | May 24, 2018

Fordham Law School held its commencement ceremony at the Bronx campus on Tuesday, May 22.

Commentary

Are Law Firm Bonuses Considered 'Wages'?

Arthur J. Ciampi| May 24, 2018

Whether bonus payments to employees are “wages” under the New York Labor Law is an oft-litigated issue in employment disputes.

Photo

Fourth Annual James Duane Awards

Staff| May 24, 2018

David Tulchin, of counsel at Sullivan & Cromwell, Esterina Giuliani, a partner at Baker & Hostetler, and Qian Gao, a partner at Boies Schiller Flexner, were honored with James Duane Awards.

News

Separation of Powers: Framework for Freedom

Alyssa Marcus| May 24, 2018

Alyssa Marcus, a junior at New Dorp High School in Staten Island, was honored Tuesday in the annual legal essay writing contest sponsored by the the Association of Justices of the Supreme Court of the State of New York and the New York Law Journal.

Judge Rules Immigrant Detained 8 Months for Turnstile Jumping Is Entitled to Bond Hearing

Andrew Denney | May 24, 2018

U.S. District Judge Alison Nathan of the Southern District of New York found that the prolonged detention of Augustin Sajous, who came to the United States from Haiti in 1972 when he was 14 years old, without a bond hearing violates his due process rights.

Photo

Nassau County Chief Clerk Receives Patriot Award

Staff| May 24, 2018

Kathryn Driscoll Hopkins, Chief Clerk of the Nassau County Supreme Court, was honored on May 21 with the Patriot Award presented by the Employer Support of the Guard and Reserve.

News

Fast-Growing Kobre & Kim Adds Lawyers in NY, Asia, London, DC

Dan Packel | May 24, 2018

A key part of the firm's model is finding former federal prosecutors eager to work on the ground in foreign jurisdictions.

News

DAs in NYC and Area Take Diverging Views on Marijuana Decriminalization

Andrew Denney | May 24, 2018

As New York City police begin talks on how it could change enforcement of marijuana laws, district attorneys in the metro area have taken different stances on how they might approach low-level offenses like possession and public smoking.

Thursday Newspaper

New York Law Journal| May 24, 2018

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

News

Trump Wants NY Court of Appeals to Freeze Former Apprentice Suit

The Associated Press| May 23, 2018

“No one is above the law,” Mariann Wang, lawyer for the former Apprentice contestant, said in a statement.

News

Special Prosecutor Interviewing Women Who Accused Eric Schneiderman of Abuse

The Associated Press| May 23, 2018

The special prosecutor investigating former New York Attorney General Eric Schneiderman has started conducting interviews with the women whose…

News

Arista's Antitrust Suit Against Cisco OK'd for Trial

Scott Graham | May 23, 2018

U.S. District Judge Beth Labson Freeman of the Northern District of California ruled that Cisco's copyright suit combined with GC Mark Chandler's blog posts were enough to get by summary judgment.

News

Troutman Sanders Snags Dentons Partner to Lead NY Group

Brian Baxter | May 23, 2018

Avi Schick, a former president and COO of Empire State Development Corp., has joined the firm as head of its government investigations, compliance and enforcement practice in New York.

News

Manhattan Federal Prosecutors Investigating Weinstein Over Sex-Crime Allegations

Colby Hamilton | May 23, 2018

Weinstein's attorney, Benjamin Brafman, confirmed reports he spoke with federal authorities about the probe.

First Department to Hold Call of the Dismissal Calendars

Patricia Kane | May 23, 2018

The call of the calendars required by Section 600.12(c) of the Rules of Practice of the Appellate Division, First Department, will be held on May 31,…

Analysis

Intra-Party Indemnification: Deciphering Party Intent

Melissa Yang and Devin W. Ness| May 23, 2018

Parties who wish to avoid unintended consequences – either paying for intra-party indemnification when it was not intended or being denied indemnification when intra-party indemnification was intended – should be explicit as to their intentions in their contract.

News

NFL Concussion Judge Blocks Lit Funder From Arbitrating Loan Dispute With Ex-Player

Max Mitchell | May 23, 2018

U.S. District Judge Anita Brody of the Eastern District of Pennsylvania on Tuesday ruled that Thrivest Specialty Funding was enjoined from arbitrating the validity and terms of the agreement it entered into with former Atlanta Falcons player William White.

News

DOJ Doesn't Think US Supreme Court Should Weigh in on Tweeting Judge

Marcia Coyle | May 23, 2018

Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges’ use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.

Analysis

The Russians Are Coming, and They Want to Change How We Conduct International Arbitration

Lawrence W. Newman and David Zaslowsky| May 23, 2018

In their column on international litigation, Lawrence W. Newman and David Zaslowsky discuss the Rules on the Taking of Evidence in International Arbitration, also known as the Prague Rules.

Analysis

So, Where Is the Promised Disclosure Program for Household Cleaning Products?

Charlotte A. Biblow| May 23, 2018

Charlotte A. Biblow discusses state environmental regulation, pointing out that the NYSDEC has not yet finalized its program or disclosure form, after releasing an initial draft over a year ago.

Directors’ Notes: A Trap for the Unwary?

David A. Katz and Laura A. McIntosh| May 23, 2018

In their Corprate Governance column, David A. Katz and Laura A. McIntosh discuss the implications of directors taking notes (in various forms) in the boardroom, and write: Directors must prepare carefully for and be actively engaged during board meetings. When they leave the boardroom, it is incumbent upon directors to handle their notes and board materials in a manner that is consistent with board policy and applicable law.

In Brief

Leading Dechert Structured Finance Partner Jumps to Milbank

Christine Simmons | May 23, 2018

Sean Solis spent six years at Dechert in New York, where he advises players in the market for collateralized loan obligations.

News

Trump Cannot Block Twitter Users From His Account, Court Rules

Colby Hamilton | May 23, 2018

U.S. District Judge Naomi Buchwald ruled Wednesday that the @realDonaldTrump Twitter account falls under the U.S. Supreme Court's public forum doctrine.

Introducing Lean Adviser Legal from Law.com

Lean Adviser Legal| May 23, 2018

There's a gap between the way lawyers are trained and the skills required to practice in today's competitive environment. That's where Lean Adviser comes in.

News

Abbe Lowell, Counsel to Kushner, Joins Winston in NY and Washington, D.C.

Ryan Lovelace | May 23, 2018

Lowell is just the latest Norton Rose Fulbright partner to join Winston & Strawn over the past year.

Commentary

In Mediation, Right Is Irrelevant

Michael Starr| May 23, 2018

In mediation, what gets the parties into “the zone” depends on a variety of factors that have nothing to do with the merits of the lawsuit.

Wednesday Newspaper

New York Law Journal| May 23, 2018

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

News

Upstate NY Judge Orders 30-Year-Old Man to Move out of Parents' House

The Associated Press| May 22, 2018

In a real-life case of “Failure to Launch,” an upstate New York judge Tuesday ordered a 30-year-old man to move out of his parents’ house .

News

Avenatti Alleges Cohen's Team Is Leaking Audio Related to Stormy Daniels

Colby Hamilton | May 22, 2018

In a letter to U.S. District Judge Kimba Wood of the Southern District of New York Tuesday, attorney Michael Avenatti said the leaks were believed to be related to his client, meant to "paint a false narrative."

News

Two Partners Leave Kirkland to Lead Covington's Private Equity Practice

Christine Simmons | May 22, 2018

Amy Wollensack and Sergio Urias will co-chair Covington's private equity group from New York.

News

Am Law 200 Rankings Bring Mixed Results for New York Firms

Christine Simmons | May 22, 2018

Two Second Hundred firms in New York saw their revenue drop, two ascended to the Am Law 100 via mergers, and one enjoyed a staggering 49 percent rise in revenue.

News

Sheila Birnbaum, 'Queen of Toxic Torts,' Leaves Quinn Emanuel for Dechert With 2 Partners

Dan Packel | May 22, 2018

Quinn Emanuel pre-emptively announced Tuesday that Sheila Birnbaum, Mark Cheffo and Douglas Fleming are leaving the firm five years after they came aboard from Skadden.

Commentary

New York Lawyers Currently Need a New York Office—An Unnecessary Licensing Restriction?

Thomas F. Gleason| May 22, 2018

In his New York Practice column, Thomas F. Gleason discusses Schoenfeld v. New York, which challenges the statute that a person admitted to practice law in New York must have a physical office there.

News

Excessive-Force Verdict Upheld in Officer-Involved Shooting Case

Colby Hamilton | May 22, 2018

U.S. District Judge P. Kevin Castel said the jury was within its bounds to find Det. Edwin Mateo used excessive force during a deadly interaction with a emotionally disturbed Manhattan man in 2012.

News

'Catwoman,' a Bankrupt New York Socialite, Owes Big Money to Her Lawyers

Miriam Rozen | May 22, 2018

Jocelyn Wildenstein, who once snagged $2.5 billion in a massive divorce settlement, now owes more than $300,000 to various lawyers and law firms.

In Brief

Manhattan Attorney Decried as Racist Apologizes on Twitter

Susan DeSantis | May 22, 2018

"One of the reasons I moved to New York is precisely because of the remarkable diversity offered in this wonderful city," he said. "I love this country and this city, in part because of immigrants and the diversity of cultures immigrants bring to this country."

Are Schools Exempt from Local Zoning Regulations?

Anthony S. Guardino| May 22, 2018

The Appellate Division, Third Department, recently issued a decision rejecting a public school’s contention that it was not subject to a town’s zoning requirements.

Realty Law Digest

Scott E. Mollen| May 22, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: ‘N.Y.C. Hous. Auth. v. Gilbert’ and ‘People v. McCullum’

Sessions Curbs Immigration Judges' Power to Close Cases

Andrew Denney | May 22, 2018

Sessions’ ruling opens the door to reopening more than 350,000 immigration cases that were disposed by administrative closure, which could further inundate immigration courts facing substantial case backlogs.

Analysis

The New Tax Code’s Impact on Divorce: A Mediator’s Perspective

Caroline Antonacci| May 22, 2018

The most sweeping federal tax code overhaul in decades, the Tax Cuts and Jobs Act of 2017, was signed into law on Dec. 22, 2017. New provisions in the law affect both businesses and individuals. Many of these changes will have a direct impact on the practice of family law, specifically in the area of divorce.

Photo

Acosta Honored by New York County Lawyers Association

David Handschuh | May 22, 2018

First Department Presiding Justice Rolando Acosta received the Justice Louis J. Capozzoli Gavel Award from NYCLA at its Law Day luncheon.

Photo

New York Legal Assistance Group Annual Gala

Staff| May 22, 2018

MacAndrews & Forbes executive VP and GC Steven Cohen and Latham & Watkins partner James Brandt were honored at the annual gala of the New York Legal Assistance Group.

Q&A

Law Grad Headed to Paul Weiss Takes a Hollywood Detour

Karen Sloan | May 22, 2018

Chad Klitzman juggled law school, an internship at JetBlue, and the production of "Candy Jar"—a movie he wrote about high school debaters featuring Helen Hunt and Christina Hendricks.

News

JetBlue GC Retires, Flies Off Into the Sunset With $1.2M

Stephanie Forshee | May 22, 2018

James Hnat revealed last week that he will leave JetBlue. But he won't depart the New York-based airline empty-handed.

Commentary

Supreme Court Upholds Constitutionality of 'Patent Death Squads'

Robert L. Maier| May 22, 2018

In 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act, which brought the most sweeping change to American patent laws since the 1952 Patent Act.

News

Lawmakers Select Underwood as Interim Attorney General

Colby Hamilton | May 22, 2018

The former acting U.S. solicitor general and Manhattan federal prosecutor has been acting attorney general since Eric Schneiderman's resignation in early May.

News

Manhattan Lawyer's Racist Rant, Other Events Show Social Media's Power Over Lawyers

Scott Flaherty | May 22, 2018

A racist rant. Scrutiny over prolific billable hours. Controversy over arbitration pacts. All three have made news in the legal world in the past few months, and all were thrust into the spotlight through social media.

Q&A

NY-Based AmEx's GC Laureen Seeger Opens Up About Diversity, Mentoring, and Pay Equity

Stephanie Forshee | May 22, 2018

In an interview with Corporate Counsel, the high-powered GC shared why diversity and inclusion is so important to her and what she and AmEx are doing to level the playing field.

News

Gorsuch Renounces Ginsburg's 'Apocalyptic' Warnings in Landmark Labor Case

Marcia Coyle | May 22, 2018

Neil Gorsuch’s 25-page majority opinion and Ruth Bader Ginsburg’s 30-page dissent offered conflicting views. Ginsburg’s dissent also reflected the growing skepticism of the fairness of arbitration among her liberal colleagues on a court that for many years has been strongly pro-arbitration across the board. The clash marked the second time in months the two justices took aim at each other in writing.

News

ABA 'Furiously Working' to Craft Proposal on Lawyers' Mental Health

Ryan Lovelace | May 22, 2018

Ahead of the American Bar Association's annual meeting this summer, an ABA working group is debating a proposed resolution to help lawyers and law firms deal with problems of mental illness and impairment.

Tuesday Newspaper

New York Law Journal| May 22, 2018

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

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.

News

Prosecutors Decline to Take Stance on Avenatti's Bid to Appear in Cohen Raid Litigation

Colby Hamilton | May 21, 2018

In a letter filed late Monday, the Manhattan U.S. Attorney's Office said it "takes no position" in the battle raging between Stormy Daniels' attorney and counsel for the president's personal lawyer, Michael Cohen.

Manhattan Supreme Court Denies Petition to Throw Out Complaint Against Mount Vernon Mayor Thomas

MP McQueen | May 21, 2018

New York State Supreme Court Justice Arthur Engoron, in a decision issued on Friday, denied the Article 78 petition in "Thomas v. Underwood."

News

Fried Frank Recruits Goldman Sachs Alum, Leading Stroock Litigator

Christine Simmons | May 21, 2018

With help from firm chairman David Greenwald, Fried Frank has recruited another Goldman Sachs veteran, hiring financial services litigator Michael Keats from Stroock & Stroock & Lavan.

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.