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April 08, 2021 | New York Law Journal

Negative Yelp Review, Securities Fraud Claims, Fee Disgorgement  

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a holding that hostile Yelp remarks did not amount to defamation; a decision on motions to dismiss securities fraud claims against a pharmaceutical company; and an order to an attorney representing a debtor "in connection with" a bankruptcy case to disgorge part of his fee for failure to file the requisite statements of compensation.
11 minute read
March 11, 2021 | New Jersey Law Journal

The Lesson Behind $48M Insurance Payment in Artist Peter Max's Litigation

Max, an icon of the 1960s counterculture, claimed an arbitrator's award was inadequate, but the appeals court rejected his argument, finding that such awards can be overturned only on narrow grounds that weren't met in the present case.
3 minute read
February 18, 2021 | New York Law Journal

Recent Decisions Deny Motion To Dismiss, Shkreli Compassionate Release and Relief to Debtor

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision declining to dismiss labor law claims against a school offering career services training; another denying a second motion by defendant Martin Shkreli for compassionate release from prison; and third affirming bankruptcy court orders that denied relief to the debtor and imposed a filing injunction in light of her vexatious pleadings.
9 minute read
January 07, 2021 | New York Law Journal

Profit Disgorgement, RICO Dismissal, Agriculture Act Claims

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including an order that defendant disgorge over $5 million minus amounts paid out as commissions; a denial of default judgment in a RICO case and dismissal of all claims where a bloated complaint failed to allege facts showing a RICO enterprise; and claims under the Perishable Agricultural Commodities Act.
9 minute read
December 23, 2020 | New York Law Journal

COVID-19 and the Commercial Landlord

In April, author Joshua Wurtzel published an article advising struggling commercial tenants how they may avoid their rent obligations during the COVID-19 pandemic. Most of that advice remains viable today. Eight months later, this article turns to struggling commercial landlords with advice on how to maneuver through these times.
14 minute read
December 22, 2020 | New York Law Journal

Backed by New High-Profile Defense Lawyer and Public Rallies, Donziger Fights Contempt Charges as Trial Looms

"No legitimate public policy purpose is served from continuing to pursue [criminal contempt] charges rejected by the federal prosecutor based on a civil discovery dispute," Steven Donziger said. "I've already served a period of home confinement more than five times longer than the longest sentence ever imposed on a lawyer for criminal contempt in New York."
9 minute read
November 12, 2020 | New York Law Journal

Necessary Detention; No Article III Standing; Rent Law Claims Dismissed

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on three notable decisions, including an order that defendant, charged with acting as an agent of a foreign government, should be detained pending trial; a holding that participants in a particular employee benefit plan had no Article III standing to challenge the plan's management; and a decision dismissing claims challenging the 2019 amendments to New York state's rent-stabilization laws.
9 minute read
October 16, 2020 | New York Law Journal

Southern District Weighs in on FSIA Immunity for Criminal Proceedings

In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Alexandra M.C. Douglas examine the case of a Turkish bank claiming immunity from prosecution under the Foreign Sovereign Immunities Act.
8 minute read
October 08, 2020 | New York Law Journal

Three Significant Decisions in September

Iin their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions regarding moving ahead with a criminal jury trial, reporting overseas bank accounts, and dismissing an age discrimination claim.
10 minute read
September 08, 2020 | New York Law Journal

Steven Donziger's Criminal Contempt Trial Postponed

Manhattan federal court Judge Loretta Preska, who had pushed to hold the trial, wrote that "Mr. Donziger and his counsel have employed virtually every conceivable tactic to stop trial from starting as long scheduled."
7 minute read

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