While the axiom that a man's home is his castle is ingrained in the Anglo-American legal tradition, a state judge says the question of where the castle's gate begins is not so well defined.
This Weeks News
New rules that seek to encourage business and government agencies to produce deponents who can most effectively address inquiries about an entity's practices with respect to the issues in the case were announced Thursday and will take effect Dec. 1.
A town ordinance that limits political signs on private property to 21 days before an election and five days after violates the First Amendment, a federal judge found.
Ignition interlock devices were installed in only about 5 percent of the DWI cases in which New York City courts ordered their use, the state comptroller's office said in an audit of Department of Probation records from August 2010 to December 2014.
An appeals court has upheld a state Workers' Compensation Board's finding that a former nurse lost almost all of her wage-earning capacity when she developed a severe allergy to hand sanitizer.
Judge Jeanette Ruiz was named new administrative judge of New York City Family Court Thursday, succeeding Edwina Richardson-Mendelson, who served nearly six and a half years in the post.
The Appellate Division, First Department, has adopted the "Garner test" for determining whether an attorney-client privilege claimed by a corporation and its lawyers may be overcome by the "fiduciary exception."
Southern District Judge Colleen McMahon said the First Amendment right of free speech requires the MTA to permit advertisements for a documentary about Muslim comedians on buses and in subway cars, regardless of its new policy to avoid controversy and litigation over political ads.
While awareness of human trafficking by the courts and the public has grown in recent years, panelists and guests at a two-day national summit held in Manhattan Thursday agreed there is work to be done to change the way the justice system treats sex trafficking victims.
In a suit alleging the unsafe handling of chemical contamination that dates back to the infamous Love Canal landfill discovered in the 1970s, a Fourth Department panel has found that plaintiffs were not blocked by judicial estoppel from bringing their action in state court, despite a related federal ruling on the same project.
Cynthia Arato and Alexandra Shapiro left partnerships at Gibson Dunn and Latham & Watkins respectively to launch their own litigation boutique in January 2009, a seemingly "risky proposition" in the best of times and particularly daunting during the financial crisis. But "for us, the time was right," they say.
No questions were asked and no decisions were made Thursday by the jury deliberating the case against Dewey & LeBoeuf's former leaders—a stark contrast from Wednesday when the panel of seven women and five men threw out more than a dozen charges against each of the three defendants.
Robert Capers, a senior federal prosecutor in the Eastern District U.S. Attorney's Office, has been nominated by President Barack Obama to head that office.
Brooklyn Law School Dean and President Nicholas Allard has taken a new second job as senior counsel at Dentons for the global law firm's public policy and regulation practice. He has resigned his position as a partner at Squire Patton Boggs.
Brooklyn prosecutors have accused a disbarred attorney of stealing more than $1 million in real estate scams on two homes facing foreclosure.
A Bronx Housing Court judge ruled that an email exchange between two attorneys constituted a binding settlement agreement, even though one client disowned it prior to a stipulation of settlement being signed.
State court administrators are circulating for public comment a proposal that would allow the Appellate Division departments to register as in-house counsel attorneys who are lawyers in good standing in foreign jurisdictions.
A Manhattan jury found Dewey & LeBoeuf chairman Steven Davis, executive director Stephen DiCarmine and chief financial officer Joel Sanders not guilty Wednesday on some of the felony charges facing the firm's former leaders, but the jury was ordered to keep deliberating on the remaining counts.
Reactions among several longtime New York-based white-collar counsel was unanimous: Wednesday's partial verdict acquitting three former Dewey & LeBoeuf executives on multiple counts of falsifying business records is very good news for the defense.
Faced with a slew of consumer class action suits over supposedly flushable wipes but no consensus on the meaning of the word "flushable," a judge has decided to pause one of the cases to get a definition of the term from federal regulators.
A state judge has denied the request by a small college in the Adirondacks that it be released from the conditions of the will of a 20th century benefactor so that it can add the name of a 21st century benefactor.
While noting that the majority of state prison systems and the Federal Bureau of Prisons allow motorized wheelchairs, Northern District Judge Mae D'Agostino found that the New York state's policy was not discriminatory as applied in the case of Nathaniel Wright, who was provided with alternative means of helping him cope with his disability.
A Brooklyn appeals court has upheld a conviction of conspiracy and official misconduct for a former police chief who took part in a scheme to shield a high school student whose father gave money to a police nonprofit from being arrested for stealing electronics.
New York and national experts are gathering in Manhattan this week for a "summit" on human trafficking and effective ways that state-level courts can respond.
Attorneys have an ethical obligation to tell their clients if documents such as wills, deeds and negotiable instruments or active case files are destroyed, according to an advisory opinion issued by a committee of the New York City Bar Association.
A former public defender in Monroe County has admitted to a federal charge of possessing a handgun in furtherance of a marijuana-growing operation at his home.
The Feerick Center for Social Justice held its 2015 awards & benefit reception at Bank of America on Monday.
New York Court of Appeals Judge Sheila Abdus-Salaam recently presided at the installation of officers of the Judicial Friends Association, an organization established in 1976 by African-American judges.
One of the 12 jurors weighing the criminal charges against three Dewey & LeBoeuf executives reported Wednesday she was in the emergency room, delaying discussions among the attorneys on how to respond to the jury's note that they were deadlocked.
A man who maintains he was wrongly convicted in a notorious 1990 tourist killing deserves a new trial, a judge said Tuesday, throwing out a verdict in a case that helped crystallize an era of crime and fear in New York City.
The jury deliberating in the trial of the former top executives of the now-defunct Dewey & LeBoeuf said in a note Tuesday that they could not agree on most of the charges against the defendants. Acting Supreme Court Justice Robert Stolz told them just after 4 p.m. to continue working and that he would respond in greater detail Wednesday morning.
Environmental groups trying to stop the unintentional transfer of invasive species from foreign bodies of water into U.S. waterways have won a shot at tougher regulations with a decision by the U.S. Court of Appeals for the Second Circuit.
A software inventor had his claims for misappropriation of confidential ideas and breach of fiduciary duty revived Tuesday against an early investor who allegedly provided the inventor's trade secrets to the founders of Pinterest.
A former president of the United Nations General Assembly accepted over $1 million in bribes and a trip to New Orleans from a billionaire Chinese real estate mogul and other businesspeople to pave the way for lucrative investments, Southern District U.S. Attorney Preet Bharara charged Tuesday.
In the final fundraising push before the Nov. 3 vote in Staten Island's hotly contested district attorney race, Democrat Michael McMahon garnered more than eight times the contributions Republican Joan Illuzzi did in September, according to campaign finance records filed Monday.
The Office of the Appellate Defender presented its 22nd annual "First Monday in October," a mock Supreme Court argument at New York University School of Law on Oct. 5.
Proskauer Rose has tapped William Silverman to head the firm's pro bono efforts. Silverman, who is leaving Greenberg Traurig, will be the first partner-level lawyer to lead Proskauer's pro bono practice on a full-time basis.
A Bronx judge has set an Oct. 15 filing deadline for New York City's request that he set aside or reduce a $28.2 million jury verdict against the city for injuries a man suffered when hit by a car that was being followed by a police van.
The New York State Attorney General's Office is taking the lead among 12 states in urging the U.S. Supreme Court to grant certiorari in a case involving a Texas law it says restricts access to abortion clinics in Texas.
The nonprofit Empire Mock Trial is seeking attorneys to volunteer to judge a competition at the U.S. District Court for the Eastern District in Brooklyn on Oct. 24-26.
Four firms have announced new additions, and Tracey Cushing Gilliam has joined MetLife Inc. as senior vice president and chief counsel in litigation.
King & Spalding associate Ethan Davis made his high court debut on Tuesday - a rare feat for a law firm associate. Davis argued for a former Baltimore police officer charged in an extortion conspiracy. "The intensity of it was something that you can’t prepare for," he said.
Southern District U.S. Attorney Preet Bharara has lost his last chance to reverse a decision that makes it more difficult for prosecutors to win convictions in insider trading cases.
The state's chief administrative judge, Lawrence Marks, announced Monday the formation of a council to study the impact of immigration issues on Family Court proceedings.
This past Sept. 11, the students of the Charter High School for Law and Social Justice in the Bronx were like most other students talking about the terrorist attacks that struck the city 14 years ago. But unlike most students, the charter school students were asked to argue about how the attacks continue to affect their lives and the laws that govern them.
Southern District Judge Richard Berman said the arbitrator in an employment termination case had "severely prejudiced" the employee in denying him the right to present evidence that was "clearly germane."
After a suburban district attorney barred her prosecutors from keeping handguns, even at home, her office said the goal was safety. But the now-changed restriction has touched off debate about whether prosecutors should possess firearms.
Just as the national debate over offensive trademarks such as the Washington Redskins has been sharply divided, so too was the Federal Circuit on Friday, when it held an en banc hearing on whether the government can withhold registration of "disparaging" trademarks under Section 2(a) of the Lanham Act.
Bronx Republicans and Conservatives have chosen Robert Siano, 38, a solo practitioner, as their candidate for Bronx district attorney, to run against Democratic party nominee Darcel Clark.
Jurors in the criminal case against Dewey & LeBoeuf leaders on Monday considered the testimony of a key witness relating to accounting adjustments.
Steven Stimell, a former co-leader of Bryan Cave's labor and employment practice group, will succeed Vincent Alfieri as managing partner for the firm's 130-attorney New York office, while Ellen Knarr will lead Day Pitney's New York office, succeeding Sabino "Rod" Rodriguez.
The justices Monday let stand a ruling of the U.S. Court of Appeals for the Second Circuit that said the state's requirement that all children be vaccinated before they can attend public school does not violate students' constitutional right of religious freedom.
Gov. Andrew Cuomo said Friday he will nominate Basil Seggos, who has been his deputy secretary for the environment since 2013, as state environmental conservation commissioner.
Gibson Dunn, Sullivan & Worcester and Herrick Feinstein have each added an attorney.
There have been 68 law firm mergers through September 2015, according to a report released Monday by legal consultancy Altman Weil. The number is the highest through the third quarter of any year since the firm began tracking such deals nearly a decade ago.
Affirming the conviction of stock manipulator David Levy, the Second Circuit said that border officers can act on the reasonable suspicion of another federal agency when they go beyond inspection of a traveler's document, photocopying it for possible use in a criminal trial.
In a fight over who could publish the teachings of a revered Jewish spiritual leader, a federal judge said that although the plaintiff entity "made an invaluable contribution to the publication" of the collected talks of the Lubavitcher Rebbe Menachem Mendel Schneerson, "their contribution was not of a type giving rise to a copyright in that work."
A traffic stop based on allegedly obstructive items dangling from a rearview mirror that led officers to discover a handgun was lawful, a divided appeals court ruled.
The trend of resolving patent disputes in the government's patent office, which costs a fraction of the price of litigation, has had an uneven effect on intellectual property practices across the country.
For months, police trying to solve a Long Island robbery spree had little more to go on than grainy surveillance footage of a man in a ski mask holding up one convenience store after another. That was until the gunman made off with a stack of bills that investigators had secretly embedded with a GPS tracking device.
The prospect of hearing whether the jury in the case against the former Dewey & LeBoeuf leaders has reached a partial verdict was taken off the table Friday, at least for now. The day ended without a verdict or word from the jury, except for a request for more Post-It notes.
Though the city maintains the cameras in interview booths in the arraignment facilities of the new Staten Island courthouse are a valid safety measure and insists attorney-client conversations are not monitored, Legal Aid says they violate attorney-client privilege and defendants' Sixth Amendment right to counsel.
A divided Second Department panel ruled a bank had presented an issue of fact as to whether it had properly debited a customer's checking account for $50,000 based on a phone authorization the customer denied ever giving.
Gov. Andrew Cuomo announced Thursday the creation of a fellowship in the governor's counsel's office in honor of Carey Gabay, his former assistant counsel, who was killed by stray gunfire last month in Brooklyn.
New York Law School held its 39th Annual Charles W. Froessel Moot Court Competition September 17 through 20.