This Weeks News

Steven Donziger speaks with reporters outside the federal courthouse on April 20, 2015.

Judge Rejects Bid to Upset Settlement Between Law Firm, Chevron

By Mark Hamblett |

Attorney Steven Donziger's attempt to upset a settlement between Chevron and the former Patton Boggs law firm in the multi-billion dollar brawl over an Ecuadorean environment award has been decisively rejected by a federal judge.

Leslie Caldwell, Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, speaking during a Federalist Society event on the topic of federal criminial law, held at the National Press Club in Washington, D.C. on Thursday, December 8, 2016.

Some Federal Cases 'Shouldn't Be Filed,' Head of DOJ Criminal Division Says

By C. Ryan Barber |

The head of the U.S. Justice Department's Criminal Division acknowledged Thursday that some federal prosecutors lack the experience and supervision to properly determine whether to bring charges.

Lawsuit Against UBS Over $500M Investment Loss Sent by NY Judge to Hong Kong Court

By Jason Grant |

Ace Decade Holdings' lawsuit over a $500 million investment loss against the Swiss banking and financial services company UBS AG belongs in Hong Kong, not in New York, a Manhattan judge ruled on Thursday.

Sealing of Settlement Rejected in Quest Diagnostics Qui Tam Case

By Charles Toutant |

An agreement detailing the division of proceeds between two claimants who brought qui tam suits against Quest Diagnostics International should not have been sealed, the U.S. Court of Appeals for the Third Circuit has ruled.

Panel Finds Judge Wrongly Denied Challenge for Cause

By Jeff Storey |

A trial judge in a murder case erroneously rejected a defense challenge for cause to a potential juror whose brother had been murdered and whose sister had been raped by a man who "took her eye out," a divided Manhattan appeals court has ruled.

Man Pleads Guilty to Threat Against Federal Prosecutor

By Andrew Denney |

A western New York man has pleaded guilty to calling a U.S. prosecutor at his office and threatening to kill him with an assault rifle.

Columbia University's Low Memorial Library

Columbia Teaching, Research Assistants Vote to Join UAW

The Columbia vote, 1,602 to 623 in favor of union representation, came after the National Labor Relations Board ruled in August that graduate students at private universities have a right to collective bargaining.

Southern District of New York Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street

Mock Trial Competition Seeks Volunteer Judges

Members of the bar can earn three free CLE credits by serving as judges for a national mock trial tournament next month, hosted by Empire Mock Trial with New York University.

'Moving Forward After the Election'

The South Asian Bar Association of New York, Muslim Bar Association of New York, and Asian American Bar Association of New York sponsored a panel Thursday to discuss minority identities; the media's role during the presidential campaign; the sentiments of voters, particularly Trump supporters; and how attorneys can get involved in community work to respond to increased anxiety.

U.S. Court of Appeals for the Second Circuit.

Appeals Court Nixes Pension Fund's Claim Over Madoff Investments

By Mark Hamblett |

A pension fund that made millions from Bernie Madoff before he was exposed tried to claim that it could have earned even more if its trustees had shared their suspicions about the Ponzi schemer. But the Second Circuit decisively rejected that claim.

Mark Sherman

Attorney Dies on Sailing Trip With State Supreme Court Justice

By Christine Simmons |

A Sullivan County attorney died Tuesday during a vacation boating trip with two friends, including a state Supreme Court justice, when he fell overboard in rough waters off Puerto Rico.

Service of Process Via Facebook Fails Without Proof of Active Use

By Andrew Denney |

While courts around the country are increasingly allowing for process service through electronic means like social media accounts, a Brooklyn judge denied a woman's request to serve her husband with a divorce summons via Facebook finding she failed to prove he is an active user.

Panel Voids Teacher's Firing for Helping Students on State Exam

By Jason Grant |

The Appellate Division, First Department, ruled firing the teacher shocked their sense of fairness.

Highland Capital Takes Financial News Site to Court Over Comment

By Jason Grant |

The investment management firm, represented by Boies, Schiller & Flexner, is demanding that Dealbreaker.com disclose information on an anonymous poster.

Curtis Jackson III, aka 50 Cent

Rapper 50 Cent Gets $14.5 Million in Malpractice Settlement

By Nell Gluckman |

The rapper, actor and businessman known as 50 Cent claimed that his former lawyers from Garvey Schubert Barer had failed to adequately represent him in an arbitration with a company that was set to market a line of headphones.

Robert Giuffra of Sullivan & Cromwell.

Sullivan & Cromwell Joins Another Emissions Case

By Ben Hancock |

Fiat Chrysler Automobiles N.V. has turned to the lawyer behind Volkswagen's $14.7 billion settlement to defend claims that it used similar "defeat devices" to cheat U.S. emission regulations.

Steven Kuperschmid and Peter Marullo

Ruskin Acquires 4 Partners, 2 Attorneys From Small Firm

By Christine Simmons |

Ruskin Moscou Faltischek, one of the largest law firms on Long Island, has added six corporate and transactional attorneys, including four partners, in its largest acquisition to date.

Justice Gallagher

New Judge to Supervise 7th District Family Courts

Seventh Judicial District administrative judge Craig Doran announced the appointment of Acting Supreme Justice John Gallagher as supervising judge for Family Courts through the eight-county upstate district.

City Bar Recognizes Prosecutors

The New York City Bar Association presented its 12th Annual Thomas E. Dewey Medals on Tuesday, honoring outstanding assistant district attorneys in each of the DA offices within New York City and the city's Office of Special Narcotics Prosecutor.

On the Move

Woman Accepts Extradition To Hawaii in Sister's Death

A woman accused of killing her twin sister by driving their SUV off a cliff in Hawaii won't fight extradition from upstate New York, her lawyer said Wednesday.

Patricia Gatling

Field for Brooklyn District Attorney Race Shaping Up

By Andrew Denney |

The former head of New York City's Commission on Human Rights has officially announced her candidacy for Brooklyn district attorney, while other possible contenders have either made preparations to run or expressed an interest in the job.

Penalties Affirmed Against Lawyer Over Opinion Letters

By Mark Hamblett |

A federal appeals court has upheld an order requiring an attorney to pay more than $200,000 for issuing false opinion letters supporting impermissible public offerings of penny stocks.

51 Law Professors Join Fight Against Arbitration in Uber Price-Fixing Case

By Mark Hamblett |

Dozens of law professors have joined the fight over whether Uber Technologies Inc. can force consumers into arbitration on allegations that the company engages in algorithm-based price fixing.

Peter Liang leaves the courtroom after his sentencing in April.

Brooklyn DA, Liang Agree to Drop Appeals

By Andrew Denney |

New York City police officer Peter Liang won't appeal his conviction for criminally negligent homicide in the shooting of Akai Gurley, and in exchange the DA won't seek to restore the charge to second-degree manslaughter.

AT&T CEO Randall Stephenson, left, and Time Warner CEO Jeffrey Bewkes, right, during a hearing before the Senate Judiciary Subcommittee on Antitrust, Competition Policy & Consumer Rights addressing the impact of the two companies’s planned merger.  December 7, 2016.

AT&T, Time-Warner Chiefs 'Confident' Merger Will Pass Antitrust Scrutiny

By C. Ryan Barber |

The chief executives of AT&T Inc. and Time Warner Inc. defended their proposed $85.4 billion merger in the face of skeptical U.S. lawmakers Wednesday, telling an antitrust panel that the deal would bring added competition to the media industry and widely benefit consumers.

The Slants

Rock Band Releases Song for Supreme Court Trademark Battle

By Tony Mauro |

The Slants, an Asian-American rock band battling the U.S. Patent and Trademark Office, is also rallying fans and raising money on a crowdfunding site.

U.S. Supreme Court building

Rejecting 'Newman,' SCOTUS Clears Up Rules for Insider-Trading Prosecutions

By Tony Mauro |

In a win for federal prosecutors, the U.S. Supreme Court on Tuesday swept aside a 2014 appeals court ruling that made it harder for the government to pursue insider-trading cases.

Eric T. Schneiderman

Schneiderman Fights Texas Appearance in Climate Change Dispute

By Miriam Rozen |

Massachusetts Attorney General Maura Healey was ordered Monday to appear in a Texas federal court to submit to deposition questions asked by Exxon Mobil Corp. lawyers. She may be joined by her New York counterpart, Eric Schneiderman, who also filed motions to quash discovery and dismiss Exxon's complaint against him.

New Law Takes Aim at Rape Kit Backlog

By Jason Grant |

The measure, signed into law Nov. 28, requires untested rape kits to be processed by March 1 and all new evidence to be tested within 90 days.

U.S. Court of Appeals for the Second Circuit.

Appeals Court Judges Divided on Lengthy Sentence for Child Pornographer

By Mark Hamblett |

A 60-year sentence for production of child pornography has continued to divide a three-judge panel of the U.S. Court of Appeals for the Second Circuit.

Kevin Arquit,

Simpson Thacher Antitrust Head Joins Weil

By Nell Gluckman |

Kevin Arquit, head of the antitrust group at Simpson Thacher & Bartlett in New York, is poised to leave the firm for Weil, Gotshal & Manges on Jan. 1, 2017. Arquit, a former general counsel of the Federal Trade Commission and director of its Bureau of Competition, joined Simpson Thacher in 2002 from Clifford Chance.

The Appellate Division, First Department, at 27 Madison Ave.

Pryor Cashman Can't Shake Malpractice Suit Over Stock Deal, Appeals Court Rules

By Jason Grant |

The Manhattan law firm can't rely on an assignment-of-rights agreement it drafted to argue that its client has no right to sue, the Appellate Division, First Department, ruled Tuesday.

Moving platform at Union Square

Verdict Q&A: Jay Dankner

By Jeff Storey |

On Dec. 10, 2010, Michael Dion fell into a subway platform gap at Union Square in Manhattan. Before being extricated, he was rammed 167 times by a mechanical gap filler that extends when a train pulls into the station. Represented by Jay Dankner of Dankner Millstein, Dion sued the New York City Transit Authority for negligence.

Peter Liang leaves the courtroom after his sentencing in April.

Brooklyn DA, Liang Agree to Drop Appeals

By Andrew Denney |

Former New York City police officer Peter Liang won't appeal his conviction for criminally negligent homicide in the shooting of Akai Gurley, and in exchange the DA won't seek to restore the charge to second-degree manslaughter.

Attorneys Facing Suspension for Failing to Register

The Appellate Division, First Department, has released a list of approximately 3,000 attorneys who are facing suspension for failing to register and pay a licencing fee in compliance with Judiciary Law §468-a.

Maj. Jason Brezler at Marine Forces Reserve Headquarters in New Orleans in 2013.

Court Finds for Marine Suing to Stay in Corps

By Mark Hamblett |

Maj. Jason Brezler, who alleges that he was thrown out of the corps under a pretext after he embarrassed officials by documenting a security risk at a military base in Afghanistan where three Marines were killed, was given a second chance Tuesday by a federal judge.

Suffolk County Supreme Court in Riverhead

Name Change for Transgender Person May Be Completed Without Publication

By Andrew Denney |

Citing potential dangers to the safety of a transgender litigant seeking a name-change order, a Suffolk County judge waived a requirement that the litigant's name be published.

Mikhail Perlov and a newspaper advertisement for his illegal law practice.

Fake Lawyer Charged With Fraud, Larceny, Unauthorized Practice

By Andrew Denney |

A Brooklyn man who was ordered last year to shutter his illegal law practice and pay more than $50,000 in restitution and penalties allegedly continued to hold himself out as a lawyer and was charged Monday in an 18-count indictment.

Lawsuit Seeks to Prevent Destruction of IDNYC Data

Two state politicians filed suit Monday to stop New York City from destroying personal records related to its immigrant-friendly municipal ID cards, a move the city is considering to prevent the data from becoming a deportation tool.

Schneiderman Proposes Changes in NY Voting Rules

Unprecedented complaints about New York's presidential primary show the need for big changes to state voting rules, state Attorney General Eric Schneiderman said Tuesday before announcing proposals to authorize automatic voter registration and join most other states in allowing early voting.

Panel on Media Actions

Stroock & Stroock & Lavan hosted a panel discussion at the firm's headquarters in lower Manhattan Tuesday on the question, "Can Media Actions Impair Justice?" The panel debated the impact of media reports on juror impartiality and trial outcomes, as well as questions of journalistic ethics and the public's rights regarding access to the judicial system.

Correction

Tara Lenich

Criminal Defense Lawyers Poring Over Cases of ADA Suspected of Improper Wiretaps

By Andrew Denney |

Attorneys for criminal defendants in Brooklyn are reviewing cases involving prosecutor Tara Lenich—arrested last week on suspicion of forging a judge's signature to obtain illegal wiretaps—to determine if those cases have been compromised.

Kevin Trudeau

Justices Reject Final Pitch from Infomercial King

By Marcia Coyle |

Infomercial king Kevin Trudeau failed to make his most important sale on Monday when the U.S. Supreme Court declined to review his 10-year prison sentence for criminal contempt. Trudeau, represented by Winston & Strawn in the high court, was sentenced for violating a Federal Trade Commission order.

Consumer Financial Protection Bureau building in Washington, D.C.

Another CFPB Case Tests the Scope of Agency's Power

By C. Ryan Barber |

The Consumer Financial Protection Bureau isn't exactly riding high right now. A federal appeals court struck down the constitutionality of the agency's single-director structure. Republicans in Congress want to fundamentally revamp the agency. And the incoming Trump administration isn't expected to openly greet Richard Cordray, the CFPB director. Here's one more headache: a Washington appeals court will in the coming months decide just how far the agency’s investigative power reaches.

Judge Leonard Sand

Lauded Former Southern District Judge Sand Dies at 88

By Mark Hamblett |

Former Southern District Judge Leonard B. Sand, who presided over the fight over segregation in Yonkers and the trial of four men for the al-Qaeda bombings of two United States embassies in Africa, died Saturday at the age of 88.

Stanley Mailman

Mailman, Immigration Law Authority, Dies at 86

By Andrew Denney |

Stanley Mailman, a prominent immigration lawyer who wrote columns on immigration law for the Law Journal for 30 years, died on Dec. 3. He was 86.

Airbnb Drops Lawsuit Against New York City

By Mark Hamblett/Associated Press |

Airbnb has settled its federal lawsuit challenging New York City's vow to enforce a state law against illegal rentals. In an agreement reached late Friday, the city agreed not to impose fines of up to $7,500 against the company for listing the third-party rentals on its platform.

Joseph Alexis

Veteran Brooklyn Prosecutor Named Chief of Trial Bureau

By Andrew Denney |

Joseph Alexis, a 25-year veteran of the Brooklyn District Attorney's Office and the head of its red zone trial bureau, has been promoted to chief of the office's trial bureau, according to an internal memo released Monday.

Judith Kaye

New Program on Women, Law to Debut at NYC Bar

By Joel Stashenko |

A new series named in honor of the pioneering former state chief judge, Judith Kaye, will debut on Dec. 12 with a discussion featuring six of her former clerks or counsels.

U.S. Supreme Court building in Washington, D.C.

Supreme Court Dives into Patent Exhaustion with Printer Cartridges

By Scott Graham |

The case hinges on Lexmark International's use of patent law to bar recycling and reselling of its used printer cartridges.

Thomas Curry, U.S. Comptroller of the Currency.

Regulators Move to Let Fintech Startups in 'Front Door' With National Charter

By Rebekah Mintzer |

The Office of the Comptroller of the Currency said it would give financial technology companies providing banking products and services the opportunity to apply for special purpose national bank charters.