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December 23, 2021 | New York Law Journal

Emotional Healing During Criminal Sentencing Hearing

How should the sentence be impacted, if at all, where a victim does not want the defendant to be unduly punished and/or prosecuted, but is obviously powerless to stop the government, and subsequently the judge, from imposing a just result? Should the victim's goals or desires be more than just one small piece of the equation in sentencing?
7 minute read
December 09, 2021 | New York Law Journal

Unenforceable Provision, Fabrication Claims, Counsel Conflict

In this edition of this Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including a holding that a confidentiality provision in a settlement was unenforceable under the circumstances; a decision to restore claims of fabricated evidence; and a decision disqualifying defense counsel for a conflict of interest.
9 minute read
December 03, 2021 | New York Law Journal

Former Head of Market Regulation Enforcement at FINRA, Lara Thyagarajan, Joins Sidley

And other announcements of recent hirings and promotions of New York attorneys.
2 minute read
November 10, 2021 | New York Law Journal

Draconian Sentence Reviewed, EEO Injunction Denied, 'Frustration of Purpose' Claim Sustained

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including a memorandum explaining a judge's intention to reduce an overly harsh sentence required as a mandatory minimum in 2011; a decision declining to preliminarily enjoin the enforcement of COVID-19-related Executive Orders; and a decision addressing a bank's claims seeking to avoid contractual obligations to an airline in light of disruptions caused by COVID-19.
10 minute read
October 07, 2021 | New York Law Journal

Term Sheets: When Are Parties Bound?

Parties negotiating business transactions often find it useful to memorialize key provisions they have agreed upon in a term sheet. This article lays out the guideposts New York courts have established on questions regarding on whether such documents are binding.
7 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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September 09, 2021 | New York Law Journal

Habeas Petition, ADA Class Action Proposal, Municipal Defamation Claims

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, denial of a a wide-ranging habeas petition by a state prisoner; dismissal of a proposed class action against Newsday for offering videos without closed captioning on its website; and granting of summary judgment to municipal defendants facing defamation and related claims.
9 minute read
August 12, 2021 | New York Law Journal

No Basis for Bail, Travel Requirement Not Preempted, TRO Denied

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying bail pending sentence; a holding that requiring certain out-of-state travelers to fill out a New York state COVID-19 health form on entering the state does not violate the Supremacy Clause; and a decision declining a TRO directing a U.S. Embassy to adjudicate Form I-130 petitions under a fast-approaching deadline set by plaintiffs.
10 minute read
August 12, 2021 | New York Law Journal

'He's on His Own Here': In NY Sex Abuse Lawsuit, Prince Andrew May Face Choice Between Settlement or Default

Lawyers see a dearth of good options for the Duke of York, who is facing a lawsuit that says he raped a teen during the time he was friends with disgraced financier Jeffrey Epstein. Some said Andrew, who has retired from duties as a senior royal, could expect little if any help from his family.
6 minute read
July 16, 2021 | New York Law Journal

Legislative Solutions to the LIBOR Replacement Dilemma

This article explores legislative solutions—both one that already has been enacted and another that has been proposed—to the problem of LIBOR transition in securitization trusts. These solutions address some of the LIBOR transition challenges, but uncertainty—and hence substantial litigation risk—remains on their ultimate scope or effectiveness.
9 minute read
Appellate Division, First Department: July 8, 2021
Publication Date: 2021-07-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: July 8, 2021

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