Restaurant in Union Square Park Ruled Permissible

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A unanimous First Department panel ruled that the proposed restaurant was an appropriate use of a public park, vacating a preliminary injunction issued by Manhattan Acting Supreme Court Justice Arthur Engoron.

Magistrate Judge Finds Few Benefits to Class in Settlement

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A magistrate judge in Buffalo has rejected a Fair Debt Collection Practices Act class action settlement that would have resulted in $65,000 in legal fees and expenses while barring class recovery for hundreds of thousands of potential plaintiffs.

Courts Broaden What Counts as 'Pro Bono' for Reporting Rule

Within weeks of the new disclosure mandate, several organizations voiced concern that the rule's definition of pro bono appeared to exclude free legal services to nonprofit groups that serve the poor and would discourage pro bono work for these groups.

Lawyers' Pro Bono Hours, Contributions, Will Be Public

"It is our responsibility to give it out," Chief Judge Jonathan Lippman said in a recent interview. "If someone asks for the information, they can have it." But some attorneys are troubled by the lack of confidentiality in the new mandatory reporting system.

August 2012 courtroom sketch of defendant Ronell Wilson

Jury Selected to Weigh Penalty for Murder of Two Detectives

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A jury was picked Tuesday to weigh whether a man convicted of murdering two undercover detectives should be put to death, but not before the presiding judge tossed three prospective jurors who had been exposed to loose talk about the case in the juror waiting room.

Civil Rights Groups Sue NYPD Over Muslim Surveillance Program

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The New York Police Department's widespread spying programs directed at Muslims have undermined free worship by innocent people and should be declared unconstitutional, religious leaders and civil rights advocates said Tuesday.

Decisions In The News

Schools and Education

M.C. v. NYCDOE, 12 Civ. 9281 (CM) (AJP)

City and Clinic Spar Over Bill for Law Student Representation

Criminal Practice

USA v. Dwayne Ingram, 12-1058

Circuit Judges Debate Impact of Prior Case on Sentencing

Civil Practice

Courtney Linde v. Arab Bank, PLC, 04-cv-2799 (NG) (VVP)

Judge Orders Bank to Pay $1.3M for Discovery 'Failures'

Criminal Practice

The People v. Genna Turner, KA 11-01156

Divided Upstate Panel Upholds Guilty Plea

Decisions of Interest

Energy and Natural Resources / Real Property

Matter of Central New York Oil and Gas

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Easement Reserved Land Owners' Gas Rights In Formations Other Than 'Oriskany Sandstone'

Civil Practice / Products Liability

Delgado v. Markwort Sporting Goods

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Panel Affirm Court's Order Granting Motion To Set Aside $1.6 Million Verdict in Injury Suit

Business Law / Contracts

OTG Management v. Konstantinidis

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Court Finds Non-Recruitment Clause Against Ex-Employee Reasonable and Enforceable

Labor Law

Dobrzyn v. City of New York

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Worker Granted Partial Judgment on Labor Law §240(1) Claim on Issue of Liability

Civil Practice / Torts

Ford v. Gonzalez

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Court Lacks Jurisdiction to Consider Plaintiff's Motion to Sever Personal Injury Action

Torts

Barra v. Johnson & Johnson

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Summary Judgment Inappropriate in Medical Malpractice Suit If Experts' Opinions Conflict

Featured Columns

Roberta Karmel

Challenges for the New SEC Commissioners

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In her Securities Regulation column, Roberta S. Karmel, Centennial Professor of Law and codirector of the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School, writes that the primary challenges facing the SEC today are not in the enforcement arena.

Corporate Update

Revocation of S Corp Election During Bankruptcy Upheld

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In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that the Third Circuit recently sustained the right of the S corporation and its shareholder to revoke the parent entity's S election during bankruptcy, reversing a lower court's decision.

Outside Counsel

Steven J. Glaser

Tax Court Weighs In on Using Individual Retirement Accounts to Buy a Business

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Steven Glaser, a partner at Moses & Singer, writes that a recent ruling sheds light on the limitations peculiar to the use of IRAs as capital as well as raising unanswered questions as to how far the IRS may go to circumscribe such transactions.

Corporate Update

Apparel Maker Loses Bid for Trademark Rights to Word 'Saturday'

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The trademark spat between two purveyors of $40 t-shirts has been ugly from the get-go, but a winner has finally emerged.

Corporate Update

Ruling Claims Middle Ground in Approach to 'Pay-to-Delay' Deals

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The U.S. Supreme Court gave something to both sides this week in a closely watched dispute over agreements between drug manufacturers that put off the production of generics in return for payments by brand-name patent holders.

Corporate Update

N.Y. Judge to Manage Litigation by 15 States Against Rating Agency

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The multidistrict litigation against Standard & Poor's Financial Services and its parent corporation represents the first time that the MDL panel has coordinated cases brought by sovereign governments.

NY Lawyer Career Center

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Daily Routines of Smaller Firms Still Bedeviled by Storm

Many lawyers who have had to scramble to find alternate office space after Hurricane Sandy admit to meeting clients in homes or coffee shops, and several firms say they are still grappling with insurers over business interruption coverage.

Vess Mitev

Non-Lawyer Legal Malpractice?

In an age where many, many trained lawyers (especially young practitioners) are still looking for work months and years after graduation, allowing non-licensed, untrained advocates into the practice - even if it is limited to certain areas - would further undercut the quality of representation.

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