The First Department said that a ruling that Kramer Levin Naftalis & Frankel and its client failed to notify their adversary of a mistaken representation "is not based on a fair interpretation of the evidence."
This Weeks News
The Second Circuit unanimously rejected the Department of Labor's six-factor test championed by the plaintiffs, three aspiring filmmakers who worked at Fox Searchlight Pictures, saying "the proper question is whether the intern or the employer is the primary beneficiary of the relationship."
A prosecutor's contention at trial that defendants "left their DNA all over the crime" overstated the scientific evidence against two men in a Rochester rape-murder, and a defense attorney's failure to challenge the declarations merits a new trial for one of the defendants, the Court of Appeals ruled Wednesday.
During cross examination of former Dewey & LeBoeuf director of budget and planning, defense counsel for the firm's ex-CFO, Joel Sanders, tried to break down the idea that accounting adjustments made at year's end were illegal.
The bullying of a Long Island middle school youngster did not rise to a level of creating a disability nor merit the student's placement in a non-public school at public expense, a state judge has concluded.
Peter Skelos, a justice in the Appellate Division, Second Department for 11 years, is retiring from the bench to join private practice.
Former Diamond McCarthy partner Sheila Gowan agreed to pay the firm $700,000 to resolve its lawsuit over the trustee fee she received in the Dreier bankruptcy, said Gowan's attorney, George Gibson.
Malcolm Smith was sentenced Wednesday to seven years in prison in a scheme to bribe his way onto the ballot for the 2013 New York City mayoral election.
Approximately 163 applicants for the bar will be interviewed July 7 by the Character and Fitness Committee of the Appellate Division, First Department.
The candidates are Diane Costanzo, a court attorney for Brooklyn Supreme Court Justice Patricia Henry who seeks an appointment to the Family Court, and Judith Waksberg, director of The Legal Aid Society's juvenile rights appeals unit, who seeks an interim Civil Court appointment.
Peter Anderson, a Bronx-based solo practitioner, was disbarred Tuesday by the First Department. He had been suspended in October for his failure to refund a $65,000 deposit made into his escrow account as a down payment on a home purchase by a client.
A finding that Apple engaged in a price-fixing conspiracy with five publishers as it broke into the ebooks market dominated by Amazon.com was upheld by a divided U.S. Court of Appeals for the Second Circuit this morning.
A New York City law protecting debtors from harassing collection activities does not conflict with New York's power to regulate attorneys, the New York Court of Appeals held Tuesday.
Dewey & LeBoeuf's former financial controller, Ilya Alter, testified at the trial of the firm's top executives Tuesday that he helped falsify accounting entries in order make it look like the firm had fewer expenses than it did at the end of 2008.
Holding that "there is a strong public policy in New York favoring the enforcement of duly executed prenuptial agreements," a First Department panel rejected one attempt to nullify a pre-nup, but, in a separate case, affirmed a decision to nullify another on the grounds that the wife was induced to sign it by fraud.
Sheila Birnbaum, a partner at Quinn Emanuel Urquhart & Sullivan, and Barry Cozier, senior counsel at LeClair Ryan and a former state judge, have been chosen by the state court system as members of a commission on judicial compensation.
Thomas Munno, who has served as Dechert's New York managing partner for the past 21 years, retired from the partnership Tuesday. The firm has appointed Kathleen Massey to succeed him in overseeing Dechert's largest office, which has more than 200 lawyers.
Claims that 20-attorney Gilbride Tusa Last & Spellane failed to perfect two investment funds' security interest in life insurance policies, leading to more than $84 million in damages, have been partially dismissed.
The Manhattan District Attorney's Office has created a program to focus on terrorist financing, planning and activity. It will be housed within the Major Economic Crimes and Rackets Bureaus and led by Assistant District Attorneys Deborah Hickey, Rachel Hochhauser and David Stuart.
Allegations that school officials ignored anti-Semitic bullying and harassment of five students over several years have been settled by the Pine Bush Central School District.
A senior partner in top management at failed Dewey & LeBoeuf indicated to jurors at the criminal trial of the firm's former top executives that news of the investigation by the Manhattan District Attorney's Office was linked to both the end of merger talks and the collapse of the firm a month later.
Claims that New York state's new policy on Medicaid funding for sex reassignment surgery falls short because it doesn't cover cosmetic procedures such as breast augmentation and voice therapy will go forward following a judge's order Friday.
In allowing a shareholder suit to proceed, a Commercial Division judge has found the "business judgment rule" is inapplicable where a company's directors ignored red flags and rushed into an ill-advised acquisition in order to avoid losing their investments.
A divided Supreme Court on Monday ruled against federal regulators' attempts to limit power plant emissions of mercury and other hazardous air pollutants. It's a blow to U.S. efforts to inspire other countries to control their emissions as they approach Paris talks on a new global climate treaty later this year.
With the 2015 regular legislative session history, James Yates said he will be stepping down as counsel to the state Assembly's speaker and the chamber's Democratic majority.
A senior court officer has been awarded a total of $388,026, most of it for mental anguish she suffered when she was escorted from a state courthouse in Troy to her home and made to surrender guns she kept there.
New York City will pay $1.25 million to settle a lawsuit brought by the family of a Rikers Island inmate who allegedly was fatally beaten by guards in an area without surveillance cameras four years ago after a confrontation with a guard, an attorney said Monday.
A defendant challenging the constitutionality of warrantless surveillance used against him in a terrorism case has conditionally pleaded guilty.
The merger of two Los Angeles-based law firms will create a 16-attorney New York office focusing on corporate, securities and litigation matters.
A New Jersey jury has decided that a religious organization violated the state's consumer fraud statute when it touted the efficacy of a form of therapy aimed at converting homosexuals to heterosexuals.
Same-sex couples have a constitutionally protected right to marry, the U.S. Supreme Court ruled Friday in a history-making victory for the gay civil rights movement.
While the Legislature's just-completed regular session included bills expanding efiling and refining pre- and post-divorce maintenance guidelines, court administrators say a symbolic gesture by the Senate and Assembly will have lasting significance as well.
Sanctions were levied Tuesday against a divorce lawyer who represented himself in a bitter matrimonial trial against his wife.
Before imposing a sentence on a man who admitted to having child pornography and sexually exploiting a child, an Eastern District Judge called for more information about whether the defendant can understand the consequences of his guilty plea and whether the 15-year mandatory minimum sentence he faces would be cruel and unusual punishment.
The two presiding justices of the Appellate Division who are facing mandatory retirement have applied for certification to remain on their courts after Jan. 1, 2016, though Justices Luis Gonzalez and Henry Scudder will have to give up their presiding positions if allowed to stay on.
A Long Island judge has ruled a lawsuit filed by the family of a Hofstra University student killed in an off-campus police shooting can move forward.
A new surrogate has taken the bench in Westchester County. Surrogate Brandon Sall was appointed by Gov. Andrew Cuomo and confirmed by the state Senate last month.
Two Rockland County property owners cannot be held responsible for an incident in which their tenants' associates attacked a neighbor who had called the police to break up a party at the property, an appellate court has ruled.
The First Decade Committee of the Federal Bar Council, in conjunction with its Public Service Committee, presented awards for pro bono service.
An upstate appeals court has upheld the fine imposed by New York's Secretary of State against a large security firm for violations of the state's Security Guard Act at the U.S. Open tennis tournament in 2009.
On July 1, Evan Goldberg, a partner at the personal injury firm Trolman, Glaser & Lichtman, will begin a term as president of the more than 4,000-member New York State Trial Lawyers Association.
A Bronx man, who Nassau County prosecutors allege was posing as an attorney working on mortgage loan modifications, is expected to plead guilty to a grand larceny charge, according to his attorney.
New York City's Taxi and Limousine Commission (TLC) was within its "extremely broad" legal mandate under the City Charter when it designated a Nissan model as the "Taxi of Tomorrow," a unanimous Court of Appeals ruled this morning.
The U.S. Supreme Court on Thursday upheld federal health insurance subsidies for an estimated 6.4 million moderate and low-income Americans. The ruling was the second time in three years that the high court prevented the complete unraveling of the Obama presidency's signature legislative achievement: the 2010 Patient Protection and Affordable Care Act.
A partner at failed Dewey & Leboeuf who advised the firm on a $150 million private debt offering in 2010 testified Thursday that he was never in the loop on the firm's finances and relied completely on assurances by the finance department that the firm was on sound financial footing.
A defendant who overdosed on Valium during jury deliberations at his trial on forced labor and immigration charges intentionally absented himself from court and waived his right to be present, the U.S. Court of Appeals for the Second Circuit said Thursday.
A commission appointed by Chief Judge Jonathan Lippman announced Thursday it will hold three public hearings on New York state's system of attorney discipline and ways to improve it.
In the dispute between the equity partners of Napoli Bern Ripka Shkolnik, Manhattan Supreme Court Justice Eileen Bransten on Thursday moved up the date that she will hear a request of Marc Bern to hold Paul Napoli in contempt and to seek other emergency measures.
Gov. Andrew Cuomo and legislative leaders came close but failed to close deals on two of the highest-profile issues of the 2015 session: raising the age of criminality to 18 from 16 and creating a permanent review process for when police kill members of the public.
An appeals panel decided Thursday that a trial judge did not elicit enough from a defendant to show he made a knowing and voluntary waiver of his right to appeal. However, the appellate judges concluded that the issue was not preserved for their review.
Alan Levine, a senior litigation partner in Cooley's New York office, on July 1 will become the chair of the board of trustees for The Jewish Theological Seminary, the flagship institution for Conservative Judaism.
The eviction of an elderly public housing tenant and his disabled girlfriend of 30 years—based on a 1998 infraction by the woman's teenage son—"shocks our sense of fairness," a panel of the Appellate Division, First Department, said Tuesday.
McGregor Smyth, 41, is the executive director of New York Lawyers for the Public Interest (NYLPI), part of what he calls a "community lawyering" movement that "augments the necessary work of traditional legal services by combining individual representation and impact litigation with policy advocacy and community organizing. "