This Weeks News

Plaintiff Matthew Christiansen and his attorney, Susan Chana Lask on Jan. 20

Second Circuit Wrangles With Workplace Discrimination Question

By Mark Hamblett |

The latest test of whether Title VII of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated Friday at the U.S. Court of Appeals for the Second Circuit.

 Dewey & LeBoeuf sign

Stung by First Jury, Prosecutors Pin Hopes on Dewey Retrial

By Christine Simmons |

Once again, prosecutors are aiming to persuade a Manhattan jury that top executives at Dewey & LeBoeuf lied to investors and lenders about the firm's financial condition before the firm's implosion nearly five years ago.

2017 State Bar Meeting to Focus on Legal Angles of the Digital Age

By Joel Stashenko |

The internet age and its influence on American culture and the law will be much in evidence as the New York State Bar Association holds its 2017 annual meeting beginning Monday in Manhattan.

Bronx County Hall of Justice

State of the Judiciary to Be Given in the Bronx, a First

By Joel Stashenko |

Janet DiFiore will present the 2017 State of the Judiciary speech, her first as the state's chief judge, from the Bronx Criminal Hall of Justice on Feb. 22.

Rendering of the proposed Jewish Home Lifecare nursing home on the Upper West Side

Panel Allows Nursing Home Construction to Proceed

By Jason Grant |

Construction of a nursing home next to an Upper West Side school can go forward after a state appeals court decided the Department of Health took a sufficient look at potential environmental hazards linked to the project.

The Appellate Division, Second Department, at 45 Monroe Place, Brooklyn

Corrections Officer Has No Action Against State Over Dissemination of Sexually Explicit Photos

By Andrew Denney |

A New York State corrections officer whose sexually explicit photos and videos of her with her boyfriend, also a corrections officer at the same prison, were disseminated after the boyfriend's phone was confiscated does not have grounds to sue the state for emotional distress, an appeals court affirmed.

Ex-Portfolio Manager Convicted of Fraud

A former portfolio manager at Visium Asset Management LP has been convicted of securities and wire fraud charges. The Southern District U.S. Attorney's Office said he conspired in a scheme to artificially inflate by tens of millions of dollars the value of a fund made up of debt instruments issued by health care companies.

Panel Reinstates Lawsuit of Actress Struck by Camera Truck

By Jason Grant |

The Appellate Division, First Department, ruled a lower court judge acted prematurely in granting summary judgment to dismiss the case.

New Judges in Nassau County

Nassau County held a ceremony Friday afternoon to induct Supreme Court Justice Edmund Dane, District Court Judge Eileen Goggin, Administrative Judge Thomas Adams, Family Court Judge Ayesha Brantley and Supreme Court Justice Joseph Lorintz.

Ekaterina Schoenefeld

Lawyer's Fight Against NY Office Requirement Gains Support From ACC, NJSBA

By Mark Hamblett |

A lawyer's rebellion against a law requiring attorneys who practice in New York state to maintain an office in the state just got a boost at the U.S. Supreme Court.

Coinbase Receives License to Buy, Sell, Store Virtual Currency in New York State

By Joel Stashenko |

New York regulators have made Coinbase Inc. the latest virtual currency and money transmission company to be licensed by the state.

Staten Island District Attorney Michael McMahon

SI at Forefront of Battle Against Opioid Abuse Epidemic

By Andrew Denney |

Before taking office a little more than a year ago, Staten Island District Attorney Michael McMahon knew full well that his borough has an opioid problem.

Uber Pays $20M to Settle Claims It Took Drivers for a Ride

By C. Ryan Barber |

Uber on Thursday agreed to pay $20 million to resolve federal allegations that the online ride-hailing service duped drivers about vehicle financing and inflated how much money they could earn at the company. Uber did not admit or deny wrongdoing in the Federal Trade Commission case.

Southern District Magistrate Judges Ronald Ellis, left, and James Francis IV

Manhattan Federal Court Seeks Magistrate Judges

By Mark Hamblett |

The Southern District is looking to fill upcoming vacancies of two veteran magistrate judges, Ronald Ellis and James Francis IV, who are stepping down after decades of service.

Circuit Upholds $36 Million Verdict Against Nassau Co.

By Mark Hamblett |

Nassau County remains on the hook for a $36 million malicious prosecution verdict secured for two men wrongfully convicted in a 1984 murder—and a nearly $5 million award of legal fees for the attorneys who secured the victory.

Mark Weprin

Albany Deal Maker Leaves Cuomo's Office for Greenberg Traurig

By Christine Simmons |

Mark Weprin, the governor's deputy secretary for legislative affairs, joined Greenberg in a law and lobbying role this week.

Eric T. Schneiderman

AG Offers Cities Guidance on 'Sanctuary' Policies

New York's attorney general on Thursday issued guidance to local governments on how they can put laws and policies in place to limit their participation in federal immigration enforcement activities under Republican President-elect Donald Trump's administration.

Sen. John Sampson

Ex-State Senator Sampson Gets 5-year Prison Sentence

A once-powerful New York state legislator convicted of lying to FBI agents has been sentenced to five years in prison.

Protesters gather outside of the Supreme Court

Trump's Election Sparks New Interest in Pro Bono

By Susan Beck |

The prospect of Donald Trump in the White House has galvanized more lawyers to volunteer their time, law firm pro bono coordinators say. What's first on the pro bono agenda?

Paul McCartney.

Paul McCartney Tries to Avoid Duran Duran's Copyright Fate

By Scott Graham |

The Beatles singer is seeking to use an expiration provision in the Copyright Act to reclaim rights to numerous songs that currently belong to Sony/ATV Music Publishing.

Sergey Aleynikov, left, exits Manhattan federal court with his attorney, Kevin Marino, in February 2012.

Justices Appear Skeptical of Ex-Goldman Sachs Coder's Entitlement to Advancement of Legal Fees

By Tom McParland |

The Delaware Supreme Court seemed skeptical Wednesday that a former Goldman Sachs computer programmer was entitled to more than $2 million in fees and costs for successfully defending himself against charges that he had stolen the investment bank's source code.

Rondout Reservoir, part of New York City's water supply network

Circuit Reinstates Exemption to EPA's Water Transfer Rule

By Mark Hamblett |

The U.S. Environmental Protection Agency does not have to require water transfers—like the system that supplies fresh water to New York City—to meet a federal anti-pollution permitting program, the Second Circuit ruled Wednesday.

Michael Kimelman leaves the Southern District courthouse in 2011.

Ineffective Counsel Claims Fail to Upset Insider-Trading Conviction

By Mark Hamblett |

A former attorney's quest to undo his insider-trading conviction because his lawyer failed to make a cutting-edge legal argument on appeal has been rejected by a federal judge.

Maria Vullo

NY Regulator Slams Plan for Federal Fintech Bank Charter

By Joel Stashenko |

Creation of a new federal bank charter for financial technology companies would stifle competition and usurp effective state regulation, financial services Superintendent Maria Vullo argued in comments opposing the charter.

Robert Feder

Robert Feder, Prominent Westchester Real Estate Attorney, Dies at 86

By Christine Simmons |

Robert Feder, a founding partner of Westchester County-based Cuddy & Feder, died Saturday after suffering complications from pneumonia. He represented most of the major developers and owners of commercial real property in Westchester and surrounding counties, such as the Robert Martin Co. and Presidential Realty, said firm managing partner Joshua Kimerling.

Governor Andrew Cuomo, President-elect Donald Trump

Trump, Cuomo Discuss Tax Policy, Obamacare Repeal

Democratic New York Gov. Andrew Cuomo and Republican President-elect Donald Trump discussed issues including tax policy and GOP plans to repeal the federal health care law during a meeting at Trump Tower on Wednesday, Cuomo said.

Clockwise from top left: Attorneys General Doug Chin of Hawaii, Brian Frosh of Maryland, Maura Healey of Massachusetts, Karl Racine, of the District of Columbia, Ellen Rosenblum of Oregon and Eric Schneiderman of New York

Democratic State AGs Urge Senate Judiciary Committee to Reject Sessions

By Joel Stashenko |

The attorneys general of five states and the District of Columbia urged the chairman of the U.S. Senate Judiciary Committee to reject the nomination of Sen. Jeff Sessions III for U.S. attorney general.

Cuomo, Judiciary Find Accord on Spending Plan

By Joel Stashenko |

Gov. Andrew Cuomo expressed no problems with the Judiciary's $2.18 billion budget request for 2017-18 when the governor released his $152.3 billion budget on Tuesday.

City Bar Highlights State's Incarceration Reforms as Trump Readies for Office

By Andrew Denney |

The New York City Bar Association started work on their report this past summer in preparation for the election of a new president.

Richard Ottinger Hall at Pace Law School.

Regional EPA Director Headed to Pace Law

Judith Enck, the Environmental Protection Administration's regional director, will become a visiting scholar at Elisabeth Haub School of Law at Pace University.

On the Move

Blank Rome, Cornell Grace, Akerman and Anderson Kill have added attorneys; Orrick, Fitzpatrick Cella and Pryor Cashman have announced promotions.

The Slants

In 'Slants' Case, Justices Skeptical of Ban on Disparaging Trademarks

By Tony Mauro |

Several justices appeared sympathetic to the band during oral arguments at the U.S. Supreme Court on Wednesday, which bodes well for the Washington Redskins' fight to restore its trademark.

Chuck Baker.

Two Top Sports Lawyers—On Opposite Sides—Switch Firms

By Brian Baxter |

A pair of leading sports industry lawyers have left their firms for new digs. O’Melveny & Myers hired DLA Piper corporate partner Chuck Baker to chair its sports industry group out of New York, where longtime Weil, Gotshal & Manges litigator James Quinn is retiring from the firm at 71 to become of counsel at top trial boutique Berg & Androphy.

Rowan Wilson

Business Bar Hails Wilson, a Commercial Litigator, for Court of Appeals

By Joel Stashenko |

The commercial bar has advocated for years for an experienced commercial litigator to be placed on New York's highest court, and hailed Gov. Cuomo's nomination of Cravath litigator Rowan Wilson.

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

Second Circuit Reverses Decision on Debt Reorganization

By Mark Hamblett |

A decision seen by practitioners as restricting nonconsensual out-of-court debt reorganizations has been reversed by the U.S. Court of Appeals for the Second Circuit.

Judge Refuses to Compel Husband to Grant Wife a 'Get'

By Joel Stashenko |

A state judge said it would violate an Orthodox Jewish man's constitutional rights for the judge to use a secular divorce proceeding to compel him to grant his wife a "Get"—a religious authorization to remarry.

Pamela McDevitt

State Bar Taps ABA's Staff for New Executive Director

By Joel Stashenko |

Pamela McDevitt, director of the law practice and technology group at the American Bar Association, has been named the new executive director of the New York State Bar Association.

A partition between front & back seats in a taxicab

Cab Owner Had No Duty to Passenger to Protect Driver

By Andrew Denney |

The owner of a livery cab that collided with another vehicle after the cab driver was knocked unconscious during a robbery does not owe a duty to the general public to ensure that its drivers are protected by partitions, a Manhattan appeals court ruled.

Stephen DiCarmine, left, and Joel Sanders outside the courtroom during their 2015 trial

Dewey Execs, Prosecutors Clash Over Witness

By Christine Simmons |

Just days before the retrial of two former Dewey & LeBoeuf executives, prosecutors and defense attorneys continue to battle over upcoming testimony of a key witness.

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

Court Upholds Sanctions Against Ex-Mintz Levin Lawyer

By Christine Simmons |

A New York appeals court affirmed sanctions against Anthony Zappin over his conduct in divorce proceedings with his then-wife.

The New York City Bar Association honored Southern District Judge Jed Rakoff Friday at its annual

City Bar Lauds Rakoff

The New York City Bar Association honored Southern District Judge Jed Rakoff Friday at its annual "Twelfth Night" annual musical revue called "MacJed" or "All's Well That Ends: The Life and Times of Judge Jed Rakoff."

Protesters during the 2005 presidential inauguration of George W. Bush.

Days Before Trump Inauguration, Circuit OKs Limits on Protests

By Tony Mauro |

Reserving parts of the parade route for official seating doesn't violate the free speech rights of protesters, the U.S. Court of Appeals for the D.C. Circuit ruled on Tuesday.

U.S. Securities and Exchange Commission building.

BlackRock Pays $340K Penalty Over Separation Agreements That Restricted Tipsters

By C. Ryan Barber |

BlackRock Inc., the New York-based asset management firm, will pay $340,000 to resolve claims the company improperly used separation agreements to force employees to waive their ability to obtain any whistleblower awards. The U.S. Securities and Exchange Commission has hit several companies in recent months for similar violations. Regulators have put companies on notice that they cannot restrict the right of an employee to recover any award for providing information to the authorities. BlackRock did not admit or deny liability.

Correction

Rowan Wilson

Cravath Partner Nominated for NY Court of Appeals

By Joel Stashenko |

Cravath Swaine & Moore partner Rowan Wilson has been nominated by Gov. Andrew Cuomo to the state Court of Appeals.