http://www.newyorklawjournal.com/thisWeeksNews.jsp The New York Law Journal throughout the day delivers news of the most important state and federal court rulings that affect the practice of law in New York. We also provides up to date reports and features on developments in law firms, the courts, government and administrative agencies, law schools, the Legislature and other topics of interest to New York lawyers. en-us 17 May 2012 01:50:49 -0400 Copyright 2012. ALM Media Properties, LLC. All rights reserved. http://www.law.com/jsp/law/terms.jsp http://www.law.com/img/nylj_10/nylj_rss_icon.png http://www.newyorklawjournal.com/thisWeeksNews.jsp Joel Stashenko In a decision that one court officers' union president blasted as "absolutely insane," an upstate appeals panel ruled that an officer who was bowled over by a person apparently attempting to charge the bench in a Nassau County courtroom is not entitled to accidental disability retirement benefits. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554142245 2012-05-17 00:00:00 1202554142245 Sheri Qualters The sculptor of the Korean War Veterans Memorial, which appeared on a 2002 stamp, is entitled to royalties based on the market value of a license, the Federal Circuit has determined in a case of first impression in the circuit about copyright damages in a suit against the government. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554123137 2012-05-17 00:00:00 1202554123137 After 27 years of service, Court of Claims Judge Leonard Livote retired from the Army Reserve. Justice Jeremy Weinstein presided over the retirement and awards ceremony, where Livote, a colonel and senior military judge, received the Legion of Merit medal. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554134241 2012-05-17 00:00:00 1202554134241 Mark Hamblett Southern District Judge Shira Scheindlin criticized the city's Law Department for stating that a court order to block the practice would amount to "judicial intrusion" and arguing that no injunction could guarantee that suspicionless stops would never occur or would occur in only a certain number of cases. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554115227 2012-05-17 00:00:00 1202554115227 Mark Hamblett Rakoff told Gregory Blue, counsel for would-be attorney-plaintiff Kenneth Elan, that he was "a brave soul" for trying to "glom on" to the "much more colorable claims" of another potential subclass. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554157375 2012-05-17 00:00:00 1202554157375 Mark Hamblett Southern District Judge Katherine Forrest has granted an injunction sought by journalists and activists who claimed that a section of the National Defense Authorization Act for Fiscal Year 2012 would sweep up reporters and advocates who contact designated terror groups. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554151792 2012-05-17 00:00:00 1202554151792 Southern District Judge Jed Rakoff said yesterday he expects to let prosecutors play for jurors the only recording of a call in which Rajat Gupta discussed Goldman Sachs' plans with Raj Rajaratnam. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554157379 2012-05-17 00:00:00 1202554157379 Brendan Pierson Yhe Insurance and Investigations Committee and the Government Operations Committee announced yesterday they are considering launching an inquiry and holding hearings on bond insurer MBIA's 2009 restructuring, in light of "recent news accounts of the ongoing litigation involving MBIA." http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554158109 2012-05-17 00:00:00 1202554158109 Brendan Pierson Rita Gordon, a former counsel in the firm's litigation department, was fired in 2005 for allegedly charging clients for personal car service use. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554155501 2012-05-17 00:00:00 1202554155501 Brendan Pierson An Appellate Term, First Department, panel has reinstated a jury verdict holding that a Manhattan man could not take over his deceased aunt's rent-controlled lease, ruling that a Civil Court judge improperly overturned the verdict based on a perceived error in the jury instructions that no one objected to and that could not have confused the jury. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554146828 2012-05-17 00:00:00 1202554146828 Joel Stashenko A trial judge says he was justified in excluding male spectators from the courtroom during the testimony of a critical female witness in a gang-related murder trial because she felt she would be in mortal danger if she took the stand with associates of the defendant present. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554038208 2012-05-17 00:00:00 1202554038208 Christine Simmons and Sara Randazzo Partners were asked to save documents relating to guaranteed payments; partner compensation; capital or other contributions; borrowing or other forms of indebtedness; meetings of the executive committee or office of the chairman; and financial statements, according to a person familiar with the matter who asked not to be identified. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554154476 2012-05-17 00:00:00 1202554154476 Mark Hamblett Edward Adams of Obermayer & Adams and former New York City police officer James Monahan were charged yesterday with stealing $4.7 million parked in escrow for a non-existent condominium development in the Dominican Republic. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554153620 2012-05-17 00:00:00 1202554153620 http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554045461 2012-05-17 00:00:00 1202554045461 Joel Stashenko A town court justice in Clinton County has resigned after the Commission on Judicial Conduct said he engaged in improper ex parte communications in at least seven cases in 2009 and 2010. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553737795 2012-05-16 00:00:00 1202553737795 Mark Hamblett New York City has agreed to pay attorneys Evelyn and Michael Warren $360,000 to settle claims they were assaulted by police when they tried to assist a handcuffed man who was being beaten by officers. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553735524 2012-05-16 00:00:00 1202553735524 John Caher A man who attempted to evade through a bankruptcy filing $215,000 in attorney fees and expenses awarded in connection with a civil contempt action is now on the hook for additional legal fees and expenses. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553654776 2012-05-16 00:00:00 1202553654776 Rick Kopstein, Photographer The Fund for Modern Courts presented its John J. McCloy Memorial Award to Mary Jo White, the former Southern District U.S. attorney who is now a partner at Debevoise & Plimpton, while former chief administrative judge Ann Pfau was awarded the Career Public Service Award. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553686092 2012-05-16 00:00:00 1202553686092 Brendan Pierson Sullivan & Cromwell partner Robert Giuffra Jr., representing Bank of America Corp. and Societe General SA, opened his argument by stressing that the outcome of the case has implications far beyond MBIA. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553737441 2012-05-16 00:00:00 1202553737441 Tom Huddleston Jr. Cravath, Swaine & Moore said yesterday that Francis "Frank" Barron is rejoining the firm as a litigation partner two years after leaving to become Morgan Stanley's top in-house lawyer. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553737324 2012-05-16 00:00:00 1202553737324 Jennifer Peltz The former IMF leader and French presidential hopeful struck back at Nafissatou Diallo's suit against him with denials and a $1 million defamation claim of his own May 14. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553686046 2012-05-16 00:00:00 1202553686046 Christine Simmons "Dewey & LeBoeuf is unexpectedly experiencing extraordinary difficulties. Unfortunately, the situation is deteriorating at a more rapid pace than was initially anticipated" the firm said in an e-mail to associates that provided a formal termination letter and protocol for their last day. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553730826 2012-05-16 00:00:00 1202553730826 John Caher Attorney Nicole Corrado alleges in a federal lawsuit that she was sexually harassed by two now-retired officials at the watchdog agency while a third retaliated against her for complaining, and that her lawyer in an unrelated property matter was investigated by the committee until he abandoned her case. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553693088 2012-05-16 00:00:00 1202553693088 Andrew Keshner Chief Judge Jonathan Lippman has begun an aggressive campaign to achieve his top legislative priority: passage of a court system reform that would raise to 18 from 16 the age of criminal responsibility for non-violent crimes. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553722227 2012-05-16 00:00:00 1202553722227 Acting Supreme Court Justice Juan Merchan agreed yesterday to let Anna Gristina make her third switch, this time to seasoned Connecticut civil rights and criminal defense lawyer Norman Pattis. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553734929 2012-05-16 00:00:00 1202553734929 Mark Hamblett The settlement covers alleged abuses in the administration of the Taxi-Livery Robbery Inspection Program, under which taxi and livery drivers, to protect themselves against robberies, consent to being stopped and searched by police without probable cause. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553706161 2012-05-16 00:00:00 1202553706161 Mark Hamblett Michael Little, a British attorney who also has a residence in Long Island City, was arrested late on May 10 for allegedly engaging in an 11-year scheme to hide over $10 million for an American family. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553735825 2012-05-16 00:00:00 1202553735825 Mike Paquette The White House has nominated Acting Supreme Court Justice Frank Geraci Jr. for the current opening on the Western District bench. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553736824 2012-05-16 00:00:00 1202553736824 John Caher The bankruptcy filing of an airline carrier whose plane crashed into a house in Buffalo does not stop all discovery in litigation pertaining to the crash, Western District Judge William Skretny has held. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553570035 2012-05-15 00:00:00 1202553570035 Christine Simmons Recruiters were hearing from Dewey partners and associates months before rising costs and falling revenues prompted the firm to replace chairman Steven Davis in April. "There were junior partners who were getting paid very little and we were hearing from them last year," said a senior New York recruiter who wished to remain anonymous. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553575162 2012-05-15 00:00:00 1202553575162 Twelve hours after May 8's Court of Appeals decision in 'People v. Kent,' the state Legislature, which has taken years to move on some measures, had new, identical bills dealing with child pornography introduced in the Senate and Assembly. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553440208 2012-05-15 00:00:00 1202553440208 Mark Hamblett and Andrew Keshner The crucial role private attorneys can play in preventing white-collar crime and ensuring corporate integrity was emphasized yesterday in speeches by Southern District U.S. Attorney Preet Bharara and New York Attorney General Eric Schneiderman. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553562037 2012-05-15 00:00:00 1202553562037 Joel Stashenko The chief judge will discuss discuss funding for the courts and other topics. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553572348 2012-05-15 00:00:00 1202553572348 Rick Kopstein, Photographer Eastern District Judge Margo Brodie was sworn in on May 11 by Chief Judge Carol Amon at the U.S. Courthouse in Brooklyn. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553440166 2012-05-15 00:00:00 1202553440166 Brendan Pierson Manhattan Supreme Court Justice Barbara Kapnick said yesterday that she will not hold a full trial in a lawsuit over the approval of MBIA's restructuring, saying that she saw no issues of fact. Instead, she ordered both sides to prepare for what is likely to resemble a long summary proceeding with limited testimony from witnesses. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553575072 2012-05-15 00:00:00 1202553575072 Brendan Pierson The hospital, which is being sued over an allegedly botched surgery, had argued that by seeking future damages, the plaintiff had put her future health and life expectancy "in controversy," overcoming the protections for such information. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553438003 2012-05-15 00:00:00 1202553438003 Jones Day has hired Ira White, while Covington & Burling has added Donald Murray and Eric Blanchard, all of whom were partners at Dewey. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553568699 2012-05-15 00:00:00 1202553568699 Tom Hays Jurors found Pedro Espada Jr. guilty on four counts of embezzlement but said they were deadlocked on counts of conspiracy and tax fraud. They were unable to reach agreement on any of the charges faced by his son. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553431974 2012-05-15 00:00:00 1202553431974 Mark Hamblett Southern District Judge Lewis Kaplan yesterday refused to dismiss the racketeering lawsuit against New York attorney Steven Donziger and others. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553568605 2012-05-15 00:00:00 1202553568605 Todd Ruger Democrats say the reason fewer federal judges have been confirmed during the last three years is clear: Republicans in the Senate have used their powers to stall most of the president's nominees. But law professors and advocacy groups say Obama could have had more judges confirmed to the bench had he simply made more nominations. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553482845 2012-05-15 00:00:00 1202553482845 Christine Simmons New York employees of beleaguered Dewey & LeBoeuf collected their belongings on May 11 and said goodbye to colleagues after the firm laid off scores of non-attorney personnel. Some staffers described the mood as somber, while others expressed anger at firm management, blaming them for orchestrating what is shaping up as the largest law firm failure in history. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553320934 2012-05-14 00:00:00 1202553320934 An Eastern District judge on May 11 sentenced a U.S. citizen accused of supporting Sri Lankan rebels to time served in jail - about five years - after casting doubt on the terrorism case and calling the 20-year term sought by prosecutors excessive. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553316562 2012-05-14 00:00:00 1202553316562 Rick Kopstein, Photographer The Legal Aid Society hosted its 35th Annual Awards Dinner at the Waldorf-Astoria on May 10. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553278594 2012-05-14 00:00:00 1202553278594 Amanda Bronstad A federal appeals court has refused to toss out charges that a former researcher at the University of California at Los Angeles Health System illegally obtained records of patients, including celebrities such as Arnold Schwarzenegger and Tom Hanks. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553223509 2012-05-14 00:00:00 1202553223509 Andrew Keshner Supreme Court Justice Howard Sherman said that the case highlighted "increasing tension" created by the "resistance" of New York City's Social Services Department to court supervision of incapacitated people's finances. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553246114 2012-05-14 00:00:00 1202553246114 Brendan Pierson A federal judge in Brooklyn has approved a $3 million settlement between the Securities and Exchange Commission and former Morgan Stanley executive Garth Peterson, who has pleaded guilty to secretly acquiring real estate for himself and a Chinese official, who in turn steered business to Morgan Stanley. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553316314 2012-05-14 00:00:00 1202553316314 Andrew Keshner Brooklyn Family Court Judge Lee Elkins held here was insufficient evidence to show the two girls knew they were being arrested when they committed the acts for which they were charged with resisting arrest. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553314771 2012-05-14 00:00:00 1202553314771 Christine Simmons Martin Bienenstock chaired Dewey's business solutions and corporate governance department. Following him to Proskauer will be partners Philip Abelson, Irena Goldstein, Timothy Karcher, Michael Kessler and Judy Liu. They will join Proskauer's bankruptcy and restructuring group. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553314825 2012-05-14 00:00:00 1202553314825 Joel Stashenko Carey Dunne says the key to understanding the mission of the New York City Bar is to remember why the organization was formed in 1870. That year, 200 prominent lawyers came together to condemn the influence Boss Tweed's Tammany Hall political machine had acquired over judges. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553278678 2012-05-14 00:00:00 1202553278678 Ross Todd The Second Circuit rejected claims by a proposed class that company executives violated securities laws by ignoring red flags that CBS needed a stress test to assess its financial state as the economic crisis gained steam in 2008. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553278808 2012-05-14 00:00:00 1202553278808 Rick Kopstein, Photographer The New York City Family Court Volunteer Attorney Program presented its Pro Bono Service Awards on May 11 during a breakfast at the 44th Street headquarters of the New York City Bar. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553278636 2012-05-14 00:00:00 1202553278636 Louis Tomson, who held a wide variety of legal posts during decades in state government, died on May 8 at his home in New Scotland, near Albany. He was 71. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553246745 2012-05-14 00:00:00 1202553246745 Andrew Keshner A unanimous panel of the Second Department ruled that a trial judge committed reversible error by not insuring that Albert McDuffie had signed a jury substitution waiver in open court nor did he explore whether McDuffie had made an informed choice to sign the waiver. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553124554 2012-05-11 00:00:00 1202553124554 Laura Haring Nicholas Everett, a second-year at Syracuse University College of Law, and Jay Oppenheim, a second-year at St. John's University School of Law, were awarded Trusts and Estates Law Section Fellowships. Jonathan Riddix, a first-year at the Maurice A. Deane School of Law, was awarded the Commercial and Federal Litigation Section Minority Summer Fellowship. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553113672 2012-05-11 00:00:00 1202553113672 Laura Haring Same-sex marriage "had its own cadre of people supporting it, but this seemed like a fundamental issue that needed more attention," said third-year student Lee Brannon, who worked with 2011 Fordham Law graduate Meredith Siller on the initial research and writing of a report calling for greater protections for transgender New Yorkers. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553125673 2012-05-11 00:00:00 1202553125673 The struggling firm finds itself hit with its first suit under the Worker Adjustment and Retraining Act, and federal regulators moved to take over its underfunded pension plans. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553215698 2012-05-11 00:00:00 1202553215698 Rick Kopstein, Photographer The New York County Lawyers' Association honored the winner of its annual high school essay contest on May 9 at its Vesey Street headquarters. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553113585 2012-05-11 00:00:00 1202553113585 Mark Hamblett New York's kosher labeling and marketing statute does not violate the establishment and free exercise clauses of the First Amendment, the U.S. Court of Appeals for the Second Circuit ruled yesterday. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553124685 2012-05-11 00:00:00 1202553124685 Mark Hamblett Deutsche Bank will pay $202.3 million in a settlement with the Southern District U.S. Attorney's Office in a False Claims Act case involving the bank's MortgageIT unit. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553145976 2012-05-11 00:00:00 1202553145976 Brian Baxter Dewey has hired Frank Wohl, a former federal prosecutor and name partner at New York's Lankler Siffert & Wohl, as outside counsel for a criminal probe of its former chairman Steven Davis, says a source close to the investigation. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553213785 2012-05-11 00:00:00 1202553213785 Christine Simmons Meanwhile, Dewey's management continues to talk with other firms, meeting with lenders and "trying to work out deals with creditors" while getting advice, said Bill Brandt, a consultant who often advises bankrupt law firms and their estates. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553146329 2012-05-11 00:00:00 1202553146329 Marcia Coyle Lady Louise Byron is 80 years old, has terminal lung cancer and is stuck on what many veterans call "the hamster wheel of justice" in their pursuit of disability benefits. By February of this year, her claim for benefits due to the death of her Army veteran husband had been considered 10 times during 15 years of active litigation. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553113627 2012-05-11 00:00:00 1202553113627 Michael Virtanen The state agency responsible for the care of 126,000 disabled New Yorkers is trying to fire nearly 200 employees as a result of "substantiated allegations of abuse," its commissioner said on May 9. Also, the governor recently proposed creating a new investigating agency to better protect New Yorkers under state-funded care. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553113714 2012-05-11 00:00:00 1202553113714 Mark Hamblett The Second Circuit said Starbucks was entitled to limit button wearing as part of its strict dress code for servers during a campaign by the Industrial Workers of the World to unionize several Manhattan stores. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553141320 2012-05-11 00:00:00 1202553141320 Jackson Lewis, McDermott Will and Kaye Scholer have each added a partner, while Davis Wright Tremaine has named Sharon Schneier chair of the firm's executive committee. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553147686 2012-05-11 00:00:00 1202553147686 Joel Stashenko Patricia Salkin, director of the Government Law Center at Albany Law School, has been appointed the next dean of the Jacob D. Fuchsberg Law Center at Touro College. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553083707 2012-05-11 00:00:00 1202553083707 Brendan Pierson The owner of an Upper West Side apartment cannot target individual members of the corporation's board in a lawsuit challenging the corporation's refusal to approve necessary renovations, a unanimous First Department panel ruled yesterday. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553124643 2012-05-11 00:00:00 1202553124643 Joel Stashenko Diane Schilling, a part-time justice of the East Greenbush Town Court and director of the Office of Justice Court Support, which provides training, education and support to local judges, resigned yesterday after the Commission on Judicial Conduct recommended her removal. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553140397 2012-05-11 00:00:00 1202553140397 Karen Sloan The Civil War has been over for 147 years, but there remain plenty of meaty legal issues for historians and scholars to debate, ranging from the Fugitive Slave Act and emancipation to the suspension of habeas corpus and the assassination of Abraham Lincoln. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553128261 2012-05-11 00:00:00 1202553128261