A.G. Sues Banks Over Their Use of MERS Electronic 'End-Around'

by John Caher

In his latest broadside against the banking industry, Attorney General Eric T. Schneiderman is alleging that the nation's largest banks use the Mortgage Electronic Registration System to evade public filings, shortchange localities of $2 billion in fees and compromise the interests of homeowners.

Custody Case Is Returned; Judge Quickly Steps Aside

by Andrew Keshner

A judge presiding over a protracted custody case, which was inexplicably taken from him and then returned, has now recused himself, saying that his calendar had filled up in the meantime, and it would be "an injustice" to all sides to force them to wait for his next available trial date.

Circuit Rejects Judge's Upset of Arbitration Award

by Brendan Pierson

Southern District Judge Shira A. Scheindlin was wrong to vacate an award on the grounds that some of the arbitrators did not disclose that they were working on a second dispute that involved one of the same witnesses, the Second Circuit held.

With Drug Quantity at Issue, a Plea Is Overturned

by Mark Hamblett

Defendant Troy Culbertson insisted that he pleaded to a conspiracy involving only three kilograms of cocaine in 2009 before Eastern District Judge Sterling Johnson, an amount that would subject him to a five-year mandatory minimum instead of 10 years.

Attorney Sanctions Upheld in 9/11 Conspiracy Case

by Joel Stashenko

Dennis Cunningham and co-counsel William W. Veale, who insist that former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld caused the Sept. 11, 2001, terror attacks, were ordered to pay a total of $15,000 in addition to double what the government spent defending against their lawsuit.

Boy's Defamation Claim Against Newspaper Revived

by Jeff Storey

The Second Department has revived a claim by a 10-year-old boy and his parents accusing a newspaper of falsely suggesting that the boy was involved with gangs.

Criminal Practice

The Matter of Velasquez v. New York State Board of Parole, 6271/2011

Judge Orders Parole Board to Reconsider Release Bid

Civil Rights

Alliance for Open Society International, Inc. v. U.S Agency For Int'l Dev., 08-4917-cv

Circuit Declines En Banc Hearing on HIV Grant's Speech Restriction

Real Property

Latipac Corp. v. BMH Realty LLC, 101213/09

Obligation to Purchase Real Estate Survives 'Roberts,' Panel Rules

Media Law

John Cook v. The Nassau County Police Department, 14558/11

Police Ordered to Release Some O'Reilly Correspondence

Legal Profession

McGivney v. Sobel, Ross, Fliegel & Suss LLP

Law Firm Granted Dismissal of Judiciary Law Claim, Denied Dismissal of Malpractice Suit

Government

Matter of Gorelick v. NYC Dept. of Buildings

Motion to Compel DOB to Produce License Applications of Criminally Convicted Denied

Labor Law

Mouta v. Essex Market Development LLC

Failure to Provide Workers Adequate Safety Device Per Se Violation of Labor Law §240(1)

Trusts and Estates

Matter of Veronica Tesler

Holocaust Survivor's First Cousins Found to Be Sole Distributees

Criminal Practice

People v. Freeman

Sexual Abuse Charge Against Father Is Dismissed, But Not Endangering Charge

Criminal Practice

People v. Huhn

Featured Columns

Legal Malpractice in Criminal Cases: A Claim Rarely Proved

by Barry Kamins

In his Criminal Law and Procedure column, Justice Barry Kamins, Administrative Judge of the Criminal Court of the City of New York, discusses the elements of a malpractice action, including a specific pleading requirement that essentially bars actions against defense counsel in the overwhelming majority of criminal matters, so much so, that it is fair to say a successful claim of legal malpractice in a criminal case must be viewed as a rarity.

Featured Columns

Must Experts Duke It Out Before Class Certification?

by Jeffrey S. Klein and Nicholas J. Pappas

In their Employment Law feature, Weil, Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas discuss the differing views offered by the courts regarding the requirements for full 'Daubert' reviews at the class certification stage, which will likely herald continued disagreement by various circuits.

Outside Counsel

Custody Evaluations: The Propriety of Preparation

by Robert Z. Dobrish

Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the Association of Family and Conciliation Courts Child Custody Consultant Task Force has taken on the job of recommending guidelines for mental health professionals who are brought into the process of custody evaluations for the purpose of assisting attorneys.

Special Reports

Co-Chairs Turn a Double Play

by Peter J. Sacripanti and Jeffrey E. Stone

Peter J. Sacripanti and Jeffrey E. Stone, co-chairs of McDermott Will & Emery, write: When we were elected co-chairmen in 2010, we knew that our proposed management model was untested in our firm and posed some unique challenges. Now, two years later, we have seen clear benefits and can offer some specific observations about why this model, if implemented properly, can be a boost to a firm's success.

Special Reports

Go Back to the Basics

by Arthur J. Ciampi and Maria L. Ciampi

Arthur J. Ciampi and Maria L. Ciampi of Ciampi LLC discuss the nuts and bolts of partnership law, from methods of revisiting some of basic partnership tenets to reviewing one's partnership agreement for a successful career in law.

Special Reports

Achieve Lateral Partner Integration

by Ed Poll

Ed Poll, principal of LawBiz Management, writes that with all the potential lateral hiring problems - high revenue expectations, the former firm's accounts receivable, competition for clients - two solutions are essential: planning and communication.