News

Second Circuit, in Rebuke to Western District Prosecutors, Says Speedy Trial Clock Starts at Time of Indictment

Colby Hamilton | March 18, 2019

The panel majority said the dissent was wrong to argue new charges mean a reset to speedy trial concerns, out of concerns over "nearly ceaseless pre‐trial detention due to superseding indictments."

News

It's Now Up to Cuomo to Decide on Prosecutorial Conduct Commission

Dan M. Clark | March 18, 2019

Gov. Andrew Cuomo has until next Wednesday to decide if he’ll sign an amended version of a bill that would create a special commission to address complaints of misconduct against the state’s prosecutors, who oppose the legislation.

News

SEC Allowed to Pursue Fraud Claims Against Rio Tinto, Former Executives

Tom McParland | March 18, 2019

A federal judge in Manhattan has allowed the U.S. Securities and Exchange Commission to proceed with a lawsuit accusing the multinational mining firm Rio Tinto and two former executives of fraud in connection with its failed investment in a Mozambique coal project.

News

Child's Stricken Family Court Testimony Can Be Considered in Later Abuse Hearing, Appeals Court Rules

Jason Grant | March 18, 2019

The then-14-year-old had refused to continue with her sexual abuse-allegations testimony at a custody-related hearing after she’d been cross-examined for three days by the alleged abuser's counsel, according to the appeals court.

Analysis

Changing Securities Laws and Regulations for the Digital Token Age

Robert A. Schwinger| March 18, 2019

In his Blockchain Law column, Robert Schwinger explains how, when it comes to virtual currencies, digital tokens and other blockchain assets, our legal and political systems are still in the earliest stages of grappling with which regulations and structures would be best suited for encouraging financial technology innovation on the one hand, while providing certainty and serving the public interest on the other.

Analysis

Clearing Up the Confusion on Deducting Meal Costs

Sidney Kess| March 18, 2019

In his Tax Tips column, Sidney Kess writes: There is considerable confusion on when some or all of meal costs are deductible. This confusion has been increased by changes made by the Tax Cuts and Jobs Act of 2017, some of which apply starting in 2018 while others take effect in 2026.

Analysis

Teaching Your Old Trust New Tricks

Daniel F. Lindley and Elisa Shevlin Rizzo| March 18, 2019

Irrevocable trusts often leave the trustee with limited flexibility to address unanticipated circumstances, investment challenges, or outdated administrative provisions. There are, however, techniques for improving this situation, the availability of which depends upon the jurisdiction governing the trust. This article compares the options under New York and Delaware law.

Analysis

Alternative Dispute Resolution

Angela Turturro | March 18, 2019

In this Special Report: "The Benefits of Real-Time Dispute Resolution," "Avoiding the ‘Litigization’ of Arbitration," "Recent Rulings Reaffirm Courts’ High Degree of Deference to Arbitration Process," "A Closer Look: Mediation in Surrogate’s Court," "Creative Mediation: Alleviating Commercial Division Congestion" and "Co-Mediating—Giving It a Chance."

Commentary

The Lies, Myths and Fears Fueling the College Admissions Scandal

Steve Cohen| March 18, 2019

It is now rumored that the college admissions scheme was not limited to the 35-odd families named in the current indictment and might reach 750. It will be an even sadder day for America and our higher education system if that is true.

News

US Judge Orders Michael Cohen Search Warrant Info Released With Redactions

Colby Hamilton | March 18, 2019

U.S. District Judge William Pauley ordered the Manhattan U.S. Attorney's Office to post the redacted versions on the public docket by Tuesday.

News

Marcy Kahn, First Openly Lesbian Judge in NYC Criminal Court, to Retire After 30 Years

Susan DeSantis | March 18, 2019

"We were all going to funerals—two or three a month—of our friends then who were in their 30s and 40s and 50s, and so we were desperate," Justice Marcy Kahn says of her early days as an advocate for New York City's gay community.

News

Former Commercial Litigator From NY Becomes General Counsel at Harvard

Kristen Rasmussen| March 18, 2019

Prior to joining Harvard, Lopez, who grew up in a low-income, largely Puerto Rican and black neighborhood and graduated from Columbia Law School, was a commercial litigator for eight years in the New York office of O’Melveny & Myers.

Event

Five Court Employees to Receive Botein Awards Today

Patricia Kane | March 18, 2019

The awards, presented at 5 p.m. at NY City Bar, recognize "outstanding contributions to the administration of justice."

News

Profits Per Partner Hit $5 Million at Paul Weiss, Redefining Richest Tier

Meghan Tribe | March 18, 2019

The firm had a "gangbusters" 2018, said chairman Brad Karp, propelling it closer to the elusive Wachtell in the stratosphere of partner profits.

Monday Newspaper

New York Law Journal| March 18, 2019

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

Analysis

Willkie Maintains Silence on College Admissions Scandal

Dan Packel| March 16, 2019

The firm's public response has been limited. But there's every reason to expect that, below the surface, it's been working hard to contain the damage.

News

Vance's Manafort Indictment Close to the Edge of NY's Double Jeopardy Cliff, Experts Say

Colby Hamilton | March 15, 2019

The Manhattan DA's indictment of Trump's former campaign chairman is the first test of state prosecutors' attempts to steer clear of New York's double jeopardy law, while holding the president's former aides accountable in the event of a pardon.

Slideshow

Ruth Bader Ginsburg Birthday Celebration in Brooklyn

Lora Hollien | March 15, 2019

Residents of Brooklyn, where Justice Ginsburg was born, sent many happy returns her way at a #RallyforRuth this morning near Brooklyn Borough Hall.

News

In Landmark Settlement, Nassau County Will Implement Affordable Housing Plan Aimed at Ending Residential Segregation

Jason Grant | March 15, 2019

The lawsuit's goal shifted in recent years toward settlement after Laura Curran, a newly installed Nassau County executive, looked to alter county housing policy, which the previous administration had resisted.

News

NY High Court to Eye Whether Out-of-State Gun Dealer May Be Sued

Dan M. Clark | March 15, 2019

The litigation could have significant implications on the ability of individuals to bring legal actions against gun dealers in other states, where background checks are not required for all firearm sales. Background checks are required for all gun sales in New York under state law.

A Closer Look: Mediation in Surrogate’s Court

Leslie Wilsher, Hope Winthrop and JoAn Pangilinan-Taylor| March 15, 2019

Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.

Avoiding the ‘Litigization’ of Arbitration

Mitchell Banas| March 15, 2019

Nothing can guarantee that your arbitration won't be "litigized" if that's what both sides really want and the arbitrator(s) allow(s). By following these steps, however, you can at least help make sure that it doesn't happen unwittingly.

Recent Rulings Reaffirm Courts’ High Degree of Deference to Arbitration Process

Gregg Weiner, Christian Reigstad and Dielai Yang| March 15, 2019

The Supreme Court’s decision in 'Henry Schein', and the First Department’s decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator’s award at the back-end of the process.

The Benefits of Real-Time Dispute Resolution

Kenneth M. Roberts| March 15, 2019

This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.

Creative Mediation: Alleviating Commercial Division Congestion

Melvin L. Schweitzer| March 15, 2019

ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.

Co-Mediating—Giving It a Chance

Nancy Kramer| March 15, 2019

Co-mediation can be a useful process in numerous situations and should be a part of a mediator’s tool kit.

Podcast

JD, Meh! Here’s What It Really Takes to Make It as a GC

Vanessa Blum | Leigh Jones | March 15, 2019

Being an effective GC requires more than being a skilled lawyer. It takes business savvy.

News

Upper West Side Skyscraper's Future Uncertain After NY State Court Ruling

Colby Hamilton | March 15, 2019

Manhattan Supreme Court Justice Franc Perry's ruling that project's approval rested on a bad reading of zoning law raises questions about an ambiguous set of rules and whether government assurances trump statutory language.

Analysis

A Passel of Poppycock: Expert Witness Roles and Limitations

Timothy M. Tippins| March 15, 2019

In his Matrimonial Practice column, Timothy M. Tippins provides a detailed analysis of the recent decision in ‘J.F. v. D.F,’ which “vividly exemplifies what can happen when experts fail to establish and maintain a clearly defined role in the assignments they undertake.”

Commentary

To Say That Officers Are Not Disciplined Is False

Daniel Connolly| March 15, 2019

The author of a recently published article suggests that the City’s indemnification of officers for punitive damages is nefarious and leaves officers “unscathed” and unpunished. That is not the case.

Analysis

Recent Supreme Court and D.C. Circuit Decisions Concerning Arbitration

Samuel Estreicher and Holly H. Weiss| March 15, 2019

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.

Analysis

What Is the Difference Between a State and Federal Trademark?

Biana Borukhovich| March 15, 2019

An individual or business must always remember that the risks associated with not obtaining trademarks at the onset of launching their company or brands can potentially be detrimental to its business.

Expert Opinion

The Intricacies of Therapeutic Foster Care

Carly Sanchez and Daniel Pollack| March 15, 2019

Similar to traditional foster care, therapeutic foster care (TFC) is temporary, its purpose being to prepare children for either reunification with their parents, independent living, or adoption. There is some evidence that TFC has helped certain foster children but further research is needed to discern whether the positive effects, if any, have been gained in a cost-effective manner and whether further program innovations are in order.

News

NY AG James Rebukes Trump Foundation Argument That Civil Suit Is Politically Motivated

Dan M. Clark | March 15, 2019

“This evidence is unchallenged and unrebutted; respondents have not submitted any admissible evidence to counter the substantial evidentiary record submitted by the attorney general,” the state’s filing said.

How a Securities Fraud Case Uncovered the College Admissions Scam

Janet Levaux | March 15, 2019

A Yale alumnus charged in a pump-and-dump scheme told authorities about the biggest university admissions scandal in U.S. history.

Commentary

Building Consensus on Bail

Carmen Beauchamp Ciparick and Mark Dwyer| March 15, 2019

It is time for criminal justice reform, and we applaud those in Albany and across our state who are now wrestling with how to best implement that reform.

Quiz

Feeling Quizzy? It's Time to Test Your Knowledge

Jonathan Ringel | March 15, 2019

It was a busy week. Were you paying attention or just practicing law?

Q&A

Do Your Eyes Deceive You? Nope. This Law School Student Is Really Only 16-Years-Old

Karen Sloan| March 15, 2019

Haley Taylor Schlitz was accepted at five law schools but opted to enroll at Southern Methodist University Dedman School of Law, in part so she can still live at home with her parents.

Event

Hudson Yards Preview: Dazzling Scope of Achievement (Slideshow)

Betsy Kim | March 15, 2019

A night at Hudson Yards before its public opening underscored a pride in New York City as a world real estate capital and a land of plenty.

Friday Newspaper

New York Law Journal| March 15, 2019

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

News

NY Lawmakers Introduce New Language to Close 'Double Jeopardy Loophole'

Dan M. Clark | March 14, 2019

The bill, importantly, is not retrospective, meaning that it wouldn’t apply to individuals who have already been tried and convicted on federal charges.

News

Sidley Bolsters Transactional, Financing Expertise in NY

Scott Flaherty| March 14, 2019

The additions in New York and D.C. include Tara Higgins, who previously co-led Orrick’s global power practice.

How Significant a Blow Is Gordon Caplan's Leave From Willkie?

Dan Packel| March 14, 2019

What does Gordon Caplan's ouster mean for management of the Wall Street firm? And what are the lessons for other firms facing a sudden shakeup at the top?

Q&A

Can You Bribe Your Way Into Law School?

Karen Sloan | March 14, 2019

Admissions coach Anna Ivey says that the process to get into law school offers fewer ways to cheat the system than does getting into a top undergraduate school. But big donations can still clear the path into law school.

News

NY Lawmakers 'Extremely Close' to Criminal Justice Reform Deal, Senate Leader Says

Dan M. Clark | March 14, 2019

“We are extremely close in the discovery, in speedy trial, a lot closer on bail," Senate Majority Leader Andrea Stewart-Cousins said.

Q&A

Coming Soon to a Courtroom Near You? What Lawyers Should Know About Deepfake Videos

Vanessa Blum | March 14, 2019

Are rules that guard against forged or tampered evidence enough to prevent deepfake videos from making their way into court cases?

In Brief

Music Lawyer Monika Tashman Joins Manatt as Partner

Patricia Kane | March 14, 2019

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

News

NY Legislature Moves to Add Funding for Foreclosure Legal Service Providers

Dan M. Clark | March 14, 2019

Both the Assembly and the Senate included the requested $20 million for those organizations in their individual state budget proposals this week, signaling their support for the funding after it was left out of Gov. Andrew Cuomo’s executive budget plan in January.

Analysis

Supreme Court Reaffirms Prior Registration Requirement for Infringement Actions

Robert J. Bernstein and Robert W. Clarida| March 14, 2019

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss 'Fourth Estate Public Benefit v. Wall-Street.com, et al.', one of two recent, unanimous Supreme Court opinions construing provisions of the Copyright Act relating to procedural requirements for commencing infringement actions and interpreting the term “full costs” in awarding them to the prevailing party.

Analysis

A 20-Year View of Commercial Real Estate Finance: Part II

Joshua Stein and Richard Fries| March 14, 2019

Commercial real estate finance today is quite different from decades past. This continues to make commercial real estate an exhilarating—and often fascinating—asset class to finance.

How Sweet It Is: They're Eating Cake for RBG's 86th Birthday in Brooklyn

Tony Mauro | March 14, 2019

There's going to be birthday cake and a showing of the documentary RBG from 8 a.m. to 10:30 a.m. Friday at Brooklyn Borough Hall.

Analysis

Dual Uses—Can the MUFG Consent Order Vindicate the OCC’s License Process?

Robert Axelrod| March 14, 2019

The Feb. 21, 2019 OCC Consent Order with MUFG branch banks had two purposes. The commonplace one was to resolve a looming cease and desist action around anti-money laundering issues with the traditional comprehensive regulatory menu of action plans, risk assessments, due diligence prescriptions, transaction monitoring and auditing improvements.

News

How to Reduce Student Debt and Increase College Affordability

Bernice Napach | March 14, 2019

There is no shortage of recommendations, according to a hearing at the House Committee on Education and Labor.

News

2 Students File Suit Over University Admissions Scandal

Ross Todd| March 14, 2019

Lawyers for Stanford students Erica Olsen and Kalea Woods claim that the value of their education has been tarnished by the scandal. Their lawyers are also pursuing class claims on behalf of applicants who were rejected by schools caught up in the scandal.

Read the Opinion: Trump Must Face NY Civil Suit Even Though He's POTUS

Michael Riccardi | March 14, 2019

A New York appeals court has ruled as a matter of first impression that President Donald Trump will have to defend against a sexual harassment lawsuit filed by former "Apprentice" contestant Summer Zervos, even though he is serving in office.

News

Trump Can Face Litigation in State Courts as President, Appellate Panel Majority Rules

Colby Hamilton | March 14, 2019

"...[T]hough he is tasked with significant responsibilities, the President is still a person, and he is not above the law," the appellate panel majority found.

Photo

Brehon Law Society Holds Its Annual St. Patrick’s Day Dinner

Patricia Kane | March 14, 2019

The Brehon Law Society held its annual St. Patrick’s Day dinner and celebration on March 12, where it honored Judge Anthony Cannataro and John Feerick.

Analysis

Does the Sixth Amendment Apply to Restitution? Two Justices Say the Answer May Be Yes

Elkan Abramowitz and Jonathan S. Sack| March 14, 2019

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack begin with a discussion of Supreme Court cases extending the Sixth Amendment’s jury-trial right to sentencing and then consider the increased significance and magnitude of restitution in federal criminal sentencing, especially in white-collar cases. They then analyze Justice Gorsuch’s dissent from denial of certiorari in 'Hester', which builds upon the reasoning in dissents in the circuit courts urging for application of 'Apprendi' to restitution.

Photo

Annual NYLPI Law and Society Award Luncheon

Patricia Kane | March 14, 2019

New York Lawyers for the Public Interest honored Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, and Kim Koopersmith, chair of Akin Gump, at its 26th annual Law and Society Award Luncheon on March 13.

Photo

Pace Law Holds Leadership Dinner

Patricia Kane | March 14, 2019

Pace University’s Elisabeth Haub School of Law presented Dennis Kenny of the Law School’s Board of Visitors, and Christopher Fisher, managing partner at Cuddy & Feder, with this year’s Distinguished Service Award.

Letter to the Editor

Life Without Parole Shouldn't Be an Option in NY State

Andrea G. Hirsch| March 14, 2019

Now that the Legislature is considering removing the death penalty from the Criminal Procedure Law and Penal Law, this is a good opportunity to eliminate life without parole too.

News

NCAA Opens Probe Into Indicted Coaches in College Admissions Scandal

Sue Reisinger| March 14, 2019

The NCAA has announced it is looking into allegations against the indicted coaches for possible violations of its rules with colleges and their in-house counsel caught in the crossfire.

News

More Lawyers Implicated in College Admissions Scandal

Lizzy McLellan| March 14, 2019

Elisabeth Kimmel, a Harvard Law School graduate, is among prosecutors' targets.

Workers’ comp impact of expanding leave of absence regs

Kimberly George and Mark Walls| March 14, 2019

Workers’ compensation stakeholders face a variety of hurdles trying to navigate and implement leave and accommodation policies.

Thursday Newspaper

New York Law Journal| March 14, 2019

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

News

Gordon Caplan May Face Legal Challenges From Regulators and His Own Firm

Roy Strom| March 13, 2019

A lapse in ethical judgment can quickly turn a Big Law leader into a target of an internal investigation, industry sources said.

Commentary

Willkie's Gordon Caplan Is Obscure No More

Vivia Chen | March 13, 2019

Until that huge college admissions scandal broke just over 24 hours ago, I bet most you didn't know Gordon Caplan existed.

Suspended Student Fails at Challenges to Columbia University Disciplinary Process

Jason Grant | March 13, 2019

The student attacked Columbia’s hearing process, challenging the university, for instance, for allegedly not allowing him to have a lawyer or other representative be present and for not allowing him to present live witness testimony.

In Rare Lateral Hire, Sullivan & Cromwell Adds Cleary's James Bromley

Christine Simmons | March 13, 2019

Bromley is taking his bankruptcy practice to Sullivan & Cromwell and will co-lead the firm's global restructuring group.

News

Debevoise & Plimpton Rides Client Demand to New Highs

Meghan Tribe| March 13, 2019

Despite the departures of prominent rainmakers at the end of 2017, the firm saw big increases in 2018.

News

Second Circuit Affirms Rejection of Attorney Fees Hike in 'Close to Worthless' Class Settlement

Colby Hamilton | March 13, 2019

The agreement between hundreds of thousands of potential members of a class action against digital jukebox maker TouchTone was found to be worth about $75,000, while fees for counsel could have topped $100,000.

News

Cuomo, NY Lawmakers Support Judiciary Budget Increase, Split on Judicial Conduct Commission

Dan M. Clark | March 13, 2019

A funding increase for the state Commission on Judicial Conduct, though, is still up in the air after more funding was allocated to the panel under the Senate’s spending plan, but not in the resolution proposed by the Assembly.

News

Here Are the Prosecutors Who've Been Thrust Into the Limelight in the College Admissions Scandal

Nate Robson | Mike Scarcella | March 13, 2019

Eric Rosen, who has a law degree from Columbia University, clerked for U.S. District Judge Robert Patterson Jr. of the Southern District of New York. .Justin O'Connell practiced at Sullivan & Cromwell in New York.

Analysis

DFS Whistleblower Guidance: Advice and a Warning Shot

Philip M. Berkowitz and Margaret Watson| March 13, 2019

In this Employment Issues column, Philip M. Berkowitz and Margaret Watson write: At the end of the day, again, the Guidance is sound. But it is issued on facts that demonstrate that what are suggestions today may turn into minimum requirements tomorrow. The warning shot has been fired, and employers, whether in financial services or otherwise, would do well to review and conform policies in this area.

Analysis

Detainee Call Recordings May Be Used in Prosecutions: 'People v. Diaz'

Lynn K. Neuner and William T. Russell Jr. | March 13, 2019

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss 'People v. Diaz', in which the Court of Appeals recently issued a decision with important implications for the privacy concerns of individuals in pretrial detention.

Analysis

Is the IRS Whistleblower Program Finally Reaching Its Potential?

Jeremy H. Temkin| March 13, 2019

In this Tax Litigation issues column, Jeremy H. Temkin discusses the Internal Revenue Service’s Whistleblower Program (which gives financial incentives to people who provide information about others who cheat on their taxes), addresses complaints about the program and describes how Congress helped relieve some issues. He writes that Congress should consider giving the IRS additional resources to enable it to investigate all worthwhile leads on a more timely basis, thereby enabling the Whistleblower Program to reach its full potential.

Analysis

A 20-Year View of Commercial Real Estate Finance: Part I

Joshua Stein and Richard Fries| March 13, 2019

Looking back over the last two decades, commercial real estate finance has gotten more complex, but also smarter.

News

As Admissions Scandal Unfolds, Willkie Puts NY-Based Co-Chair Gordon Caplan on Leave

Roy Strom| March 13, 2019

The firm said Caplan would have no further management responsibilities as he faces charges of paying to fix his daughter's college admissions score.

News

Manafort Indicted by Manhattan DA for Mortgage Fraud

Colby Hamilton | March 13, 2019

The indictment's announcement comes mere moments after Manafort was sentenced to a substantial sentence in Washington, D.C., federal court.

Commentary

Parents Need to Know That Getting Rejected From a Top School Isn't a Disaster

Jenna Greene | March 13, 2019

It's astonishing how parents who presumably just want to help their children can so totally lose sight of ethical boundaries.

News

Prosecutors Identify 8 Colleges as Unwitting Victims of Admissions Scandal

Sue Reisinger| March 13, 2019

Federal prosecutors so far have named eight universities as unwitting victims of the cheating and say it was the largest-ever college admissions fraud in the U.S. They have charged at least 50 people, including actresses, CEOs and several college coaches with conspiracy to commit racketeering or fraud.

Wednesday Newspaper

New York Law Journal| March 13, 2019

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

News

Queens Democratic DA Candidates Take the Stage at CUNY Law School

Colby Hamilton | March 12, 2019

Six of the Democratic candidates for Queens district attorney tried to set themselves apart despite many commonalities as voters get ready for the June 25 primary election.

News

Swatch Wins Suit Over Sale of Counterfeit Watches in Case Marked by Tensions

Colby Hamilton | March 12, 2019

The watchmaker ultimately prevailed in its suit against a SoHo landlord accused of selling knockoffs, navigating through early issues with counsel in the case before U.S. District Judge Paul Crotty.

News

In Through the 'Side Door': Wiretap Outlines Willkie Leader's Alleged Role in Admissions Scandal

Christine Simmons | March 12, 2019

“I’m not worried about the moral issue here,” Gordon Caplan allegedly told a fixer who promised to inflate his daughter's ACT score.

News

Criminal Defense Lawyer Censured Following Second Circuit Discipline for Failure to Withdraw

Jason Grant | March 12, 2019

Manuel Ortega, who has been licensed to practice law for more than 30 years, was publicly reprimanded by the Second Circuit, and barred from practicing before it, in March 2018.

News

NY Lawmakers Release Budget Proposals Without Criminal Justice Reform as Talks Continue

Dan M. Clark | March 12, 2019

The Assembly broke with Cuomo’s budget proposal by stripping it almost completely of policy, including criminal justice reform, while modifying it in other areas. The Senate had not made its spending proposal public by Tuesday afternoon.

Commentary

NY-Based Reed Smith Lawyer Goes Public With His Story About How He Overcame Depression

Mark S. Goldstein| March 12, 2019

Reed Smith counsel Mark Goldstein wasn't sure he could both be a lawyer and have mental health disabilities. But he learned how to survive and thrive in Big Law.

News

SDNY Judge Finds Assault During Jail Stint Can Form Basis for Career Offender Status

Colby Hamilton | March 12, 2019

U.S. District Judge Richard Berman, in a case of first impression, agreed with a recent decision by the U.S. Court of Appeals for the First Circuit finding New York's prison assault qualified as a violent felony under the Armed Career Criminal Act.

In Policy Shift, Life Insurers Back Mandatory Retirement Plans

Elizabeth Festa | March 12, 2019

ACLI supports a bill floated by Rep. Neal that would mandate employers offer a retirement plan.

Analysis

Is There Sufficient “Public Purpose” to Take Property For Trump's Wall?

Michael D. Zarin and David J. Cooper| March 12, 2019

In this Eminent Domain column, Michael Zarin and David Cooper write: "Should President Trump attempt to condemn private property in furtherance of the proposed wall, it will undoubtingly require the courts to revisit the question of when does the government’s use of its eminent domain authority violate the “pretext” admonition" in "Kelo v. City of New London."

Analysis

Federal Circuit May Decide Whether Successful IPR Petitioners Are Estopped from Using Winning Prior Art Combinations in Parallel District Court Litigation

Lewis R. Clayton and Eric Alan Stone| March 12, 2019

Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone discuss 'BTG Int’l Ltd. v. Amneal Pharm.', in which the Federal Circuit may decide whether §315(e)(2) acts to bar a successful IPR petitioner from asserting in district court the arguments on which it prevailed before the PTAB.

Analysis

Proposed U.S. Implementation of International Capital Standard, and Indirect Consequences

Kathleen A. Scott| March 12, 2019

International Banking columnist Kathleen A. Scott writes: Non-financial commercial companies often secure their derivatives transactions, such as swaps, with financial institutions in a manner other than posting cash margin, such as by granting liens on the commercial end-user’s assets. However, a pending proposal to revise U.S. bank risk-based capital rules regarding derivatives may have the indirect consequence of possibly lessening the ability of commercial end-users to enter into such transactions with U.S. banking organizations. This month’s column will discuss this proposal and the concerns commercial end-users have raised about the proposal in its current form.

Analysis

Realty Law Digest

Scott E. Mollen| March 12, 2019

A discussion of “NRP Holdings LLC v. City of Buffalo,” “Sam & Joseph Sasson v. Guy,” and “Vale Partners LLC v. Partlow.”

Analysis

How Courts Treat 'Technology Assisted Review' in Discovery

Brian L. Bank, Michelle A. Bholan and Catalina De La Hoz| March 12, 2019

This article provides an overview of case law and trends that may inform practitioners how Commercial Division courts will apply Rule 11-e(f), which took effect on Oct. 1, and codifes the Commercial Division’s support of the use of technology assisted review (TAR) during discovery.

News

Court Dates Moved Up Without Warning, Advocates for Immigrants Claim

Colby Hamilton | March 12, 2019

The New York Immigrant Family Unity Project accuses DOJ immigration officials of moving up detainee court hearings without prior notice, jeopardizing their clients' ability to have counsel present.

Analysis

From the Emergency Room to the Court Room

Joseph Napoli| March 12, 2019

In an age where the personal injury lawyer glorifies mass tort litigation, MDLs, and class actions, I prefer the challenge of the car crash, slip and fall on debris or ice, construction worker accident, the defective product or the negligent doctor or hospital.

Commentary

Dred Scott Raises Its Ugly Head Again

Sol Wachtler| March 12, 2019

Justice Clarence Thomas, in his most recent concurring opinion, again raises the issue of whether “substantive due process” should be used in creating constitutionally protected “rights.”

News

NY Lawmakers Expected to Pass Bill Closing Double Jeopardy Loophole

Dan M. Clark | March 12, 2019

New York Attorney General Letitia James is expected to send a bill to the state Legislature to close the so-called double jeopardy loophole.

News

NY-Based Co-Chair of Willkie Farr Charged in the National College Admissions Scandal

Zach Schlein| March 12, 2019

The Willkie Farr & Gallagher co-chair made The American Lawyer’s 2018 Dealmaker of the Year list.