This Weeks News

Carl Icahn

CVR, Wachtell Face Off in Double-Barreled Malpractice Fight

By Christine Simmons |

After an appeals court last year revived a malpractice claim against Wachtell, Lipton, Rosen & Katz, it's back to dual lawsuits in the firm's long-running litigation against Carl Icahn-controlled CVR Energy Inc.

A hydraulic fracturing operation in Northern Pennsylvania near Binghamton N.Y.

NY Fracking Waste Rules Not Good Enough, Environmental Groups Say

By Josefa Velasquez |

Environmental groups' advocacy for changes to New York's solid waste regulation to keep fracking waste from being used in landfills and for other uses came up short in the Department of Environmental Conservation's new rules finalized on Wednesday.

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

Lawyer Can Go Pro Se Despite Ties to Plaintiff

By Jason Grant |

An attorney may exercise his right to represent himself in a breach of contract and legal malpractice lawsuit because the plaintiff failed to give any compelling reason against it, a state appeals court has ruled.

Thomas Libous

Taxpayers May Pick Up Deceased Ex-Lawmaker's Legal Tab

New York taxpayers may have to pay more than $700,000 to cover the legal expenses of former state Sen. Thomas Libous, whose conviction on charges of lying to the FBI was vacated after his death.

3 Issues Arising Out of the EU-US Privacy Shield Annual Review

By Rhys Dipshan |

From concerns over U.S. surveillance to how the agreement will address GDPR provisions, there are several potential challenges facing the EU-US cross-border transfer framework.

U.S. Securities and Exchange Commission building in Washington, D.C.

SEC's Cyber Breach Report Too Little, Too Late, Experts Say

By Sue Reisinger |

"What a doozy!" said one expert of the breach disclosed by the SEC this week.

Winston & Strawn's Washington, D.C. offices on K Street.

Winston & Strawn Welcomes New Talent Management Team

By Meghan Tribe |

The 800-lawyer firm, riding high this year from some key litigation wins and lateral hires, has recruited three new directors to report to newly-hired chief talent officer Susan Manch.

Paul Manafort.

Skadden in DOJ's Sights Over Manafort Work: Report

By Christine Simmons |

The New York Times reported that the Department of Justice wants files related to Trump campaign manager Paul Manafort's work in Ukraine.

Fox News offices in Washington, D.C.

Sanctions Motion Filed Against Wigdor Plaintiff in Fox Defamation Suit

By B. Colby Hamilton |

The same day a motion to dismiss was filed in the Fox News defamation suit in the U.S. District Court for the Southern District of New York, attorneys for one of the defendants, Fox Business contributor Ed Butowsky, leveled a Rule 11 sanctions motion against Rod Wheeler and his attorneys at Wigdor LLP.

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

Circuit Denies Paul Weiss Attorneys Fees for Duane Reade CEO's Criminal Trial

By B. Colby Hamilton |

Attorneys for Paul, Weiss, Rifkind, Wharton & Garrison can't recover costs for sitting through parts of the criminal trial of former Duane Reade CEO Anthony Cuti, a Second Circuit panel said in a summary order Thursday.

James Philbin, at left, with, clockwise from top left: Leslie Arfine, Danielle Furey, Joanna Garelick Goldstein, and Leslie Kerr Parlo

Former Maersk GC Opens NY Law Firm With Five Others

By Christine Simmons |

The outgoing general counsel of an international shipping conglomerate is launching a six-attorney New York firm, enlisting the help of a New York University professor and four women seeking to re-enter the law or expand their legal practices after working part-time.

Denise L. Cote - U.S. District Court Judge for the Southern District of New York..061015

Class Action Certified in Federal Overtime Suit Against Bloomberg

By Jason Grant |

Hundreds of New York-based Bloomberg LP analytics representatives, who help clients navigate their Bloomberg Terminals, have been certified as a class in a federal action aimed at recovering unpaid overtime.

Trader Accused of Running Bitcoin Ponzi Scheme

By B. Colby Hamilton |

A Brooklyn-based trader was charged with securities violations Thursday for allegedly running a bitcoin Ponzi scheme, the U.S. Commodity Futures Trading Commission announced Thursday.

Cristina Winsor, left, and Arminta Jeffryes in Manhattan Criminal Court in September 2016

Judge Preserves Suit Challenging NYPD Lawyers' Prosecution of Low-Level Cases

By Andrew Denney |

The protesters allege that, in exchange for adjournments in contemplation of dismissal, the lawyers working the case want them to admit police had probable cause to cite them, thus shielding the department from civil liability.

gavel-in-a-courtroom

Will Your Case Go to Trial? This Computer Program Might Know the Answer

By Jenna Greene |

SettlementAnalytics says it can 'indicate the likelihood of a lawsuit proceeding all the way to trial and adjudication,' but some top Big Law litigators are skeptical.

Screen grab of Equifax’s website.

Lawyers Say More Regulation Is Likely to Follow Equifax Breach

By Josefa Velasquez |

Following the Equifax data breach, legal experts are considering what new regulations may result from the massive hack affecting 143 million Americans, and some others.

Cindy Caranella Kelly, who focuses on civil litigation, and Wallace Schwartz

Kasowitz Benson Adjusts Management Team Amid Tumultuous Year

By Christine Simmons |

Kasowitz Benson Torres has restructured its management with new positions, appointing Cindy Caranella Kelly, who focuses on civil litigation, and Wallace Schwartz, head of the firm's real estate transactional group, as the firm's co-managing partners of administration who will share duties with founding partner Marc Kasowitz.

Defendants in Fox News Defamation Suit Push for Dismissal, Arbitration

By B. Colby Hamilton |

The defendants in the defamation suit by former Fox News contributor Rod Wheeler are dividing their efforts to stop the suit, according to filings this week in the U.S. District Court for the Southern District of New York.

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

NY Federal Judge Tosses Suit Accusing Del. Chancellor of Suppressing TransPerfect Workers' Free Speech Rights

By Tom McParland |

A federal judge on Tuesday dismissed a lawsuit accusing the chancellor of Delaware's Chancery Court and a court-appointed custodian of stifling the free-speech rights of a TransPerfect Global Inc. employee in connection with the forced sale of the profitable translation-services company.

Lori Barnea and Aliza Herzberg

Ex-Olshan Employment Leader Launches Women-Owned Boutique

By Meghan Tribe |

Aliza Herzberg, head of the employment practice at Olshan Frome Wolosky, has launched her own women-led boutique in New York called the Herzberg Law Group. But don't look for her to start shouldering a heavy litigation load.

Daniel Rodriguez.

‘Really Hard and Intense:’ Departing Northwestern Law Dean Says of Competition Among Top Schools

By Karen Sloan |

Daniel Rodriguez will step down as dean of Northwestern University Pritzker School of Law at the end of the academic year after more than six years, the school announced Tuesday.

Former U.S. Rep. Anthony Weiner exits the Southern District courthouse Friday with attorney Arlo Devlin-Brown.

Prosecutors Say Weiner Deserves Jail Time in Sexting Case

By Andrew Denney |

Former U.S. Rep. Anthony Weiner "deserves time in prison" for his conviction of sending obscene material to a minor, prosecutors argued in papers filed Wednesday, in which they urge a federal judge to stick with the government's proposed sentence of 21 to 27 months.

Appellate Division, Third Department, courthouse in Albany

Secretly Taped Worker Still Deserves Benefits, Appeals Court Rules

By Jason Grant |

A state workers' compensation board correctly found that a permanently disabled ex-school worker should continue to receive benefits even after he was secretly videotaped helping to move a popcorn machine at a football game, an appeals court has ruled.

Recognition for Lawyers

John Brennan has been appointed Distinguished Fellow for Global Security at the Center on National Security at Fordham Law, the National Association of Criminal Defense Lawyers presented its presidential commendations to Marjorie J. Peerce, and more honors.

Conversation With Bharara on Public Corruption

The Sorensen Center for International Peace and Justice at CUNY School of Law held a reception, conversation and panel discussion with Preet Bharara on "Public Corruption and The Rule of Law."

Left to right, honorees Supreme Court Judge Manuel Mendez and Lourdes Ventura, partner, Ahmuty, Demers & McManus; Eric Gonzalez, Brooklyn District Attorney; Vianny Pichardo, President, Dominican Bar Association; Darcel Clark, Bronx District Attorney; and honoree Robinson Iglesias, of the Law Office of Robinson Iglesias

Dominican Bar Association Annual Scholarship Gala

By David Handschuh, Photographer |

Manhattan Supreme Court Justice Manuel Mendez; Lourdes Ventura, a partner at Ahmuty, Demers & McManus; and Robinson Iglesias of the Law Office of Robinson Iglesias were recognized at the event.

Noel J. Francisco

What to Know About Noel Francisco as the New SCOTUS Term Nears

By Marcia Coyle and Mike Scarcella |

The U.S. Supreme Court's fall term begins on Oct. 2. Noel Francisco, newly confirmed as U.S. solicitor general, has just days to prepare. Of course, it's likely Francisco, formerly a top appellate lawyer at Jones Day, hasn't been thinking about the cases and issues that the justices will confront—and he will argue—this term. Here's a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.

The now-retracted Rolling Stone article

Defamation Suit Against Rolling Stone Is Revived by 2nd Circuit Panel

By B. Colby Hamilton |

In what it termed "a close call," the Second Circuit allowed a defamation suit over the now-debunked 2014 article that detailed an alleged gang rape at a University of Virginia fraternity. The panel reversed the majority of the district court's dismissal and remanded the case for further proceedings.

Richard Walker.

Ex-Deutsche Bank GC, SEC Enforcement Chief Joins King & Spalding

By Scott Flaherty |

Richard Walker, the longtime Deutsche Bank general counsel and former SEC enforcement chief, has joined King & Spalding in the firm's special matters and government investigations group in New York.

State Bar Kicks Off Campaign for a Constitutional Convention

By Josefa Velasquez |

New York State Bar Association president Sharon Stern Gerstman told a news conference in Albany that a constitutional convention is needed to fix a "confusing and inefficient" court system.

Fox News offices in Washington, D.C.

Rape Allegations Roil Fox; Network Calls It a Lawyer 'Stunt'

By Jason Grant |

A former political commentator for Fox News has sued the network and anchor Charles Payne, claiming he raped her in 2013 and that the network retaliated against her after she reported it, including by leaking false information to the National Enquirer.

Oxycontin bottle on shelf

States Expand Probe Into Big Pharma Opioid Marketing

By Kristen Rasmussen |

New York and Massachusetts Attorneys General and 39 others announced Tuesday they are issuing subpoenas to several drug manufacturers in connection with the opioid and heroin abuse epidemic.

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

First Dept. Clears Way for Implementation of New Asbestos Case Rules

By Andrew Denney |

As attorneys prepare to clash before an appeals court over new rules for the New York City asbestos docket, which includes an option for plaintiffs to assert punitive damages, the court ruled on Tuesday to allow full implementation of the rules while the appeal is pending.

DKNY boutique

Circuit, Building on Post-'Spokeo' Law, Affirms Dismissal for Lack of Concrete Injury

By B. Colby Hamilton |

The suit is the most recent affected by the Spokeo ruling, here focused on the bare procedural claims under the Fair and Accurate Credit Transactions Act of 2003.

Mark Smolik, DHL Supply general counsel

Pay for Associate Hours? More Companies Say 'No Thanks'

By Miriam Rozen |

DHL and other companies are experimenting more often with hiring their own freshly-minted law school graduates, rather than paying a premium for young lawyers at outside firms.

Prosecutors, Gibson Dunn Get Testy as Trial Nears for Shkreli's Lawyer

By Christine Simmons |

With a trial on felony charges just weeks away, federal prosecutors and lawyers for former law firm partner Evan Greebel are ratcheting up their rhetoric over some unusual issues, including the defense lawyers' own résumés.

NY Proposes Regulating Credit Reporting Agencies

By Josefa Velasquez |

New York Gov. Andrew Cuomo and Department of Financial Services Superintendent Maria Vullo announced they would propose adding credit reporting agencies to their sweeping state cybersecurity regulations that took effect recently and affect companies doing any business in New York.

Equifax's headquarters in Atlanta.

Investors Jumping Into Legal Fray Over Equifax Data Breach

By Andrew Denney |

Among the lawsuits piling up against Equifax Inc. stemming from the massive data breach that put approximately 143 million consumers' data at risk are proposed class actions filed by investors who said the credit reporting agency broke securities laws.

Chief Judge DiFiore

Civil Legal Services Hearing Focuses on Immigration

By Josefa Velasquez |

The Cuomo administration says it is working on a plan to expand a legal defense fund to help immigrants fight deportation at a hearing Monday at the state Court of Appeals.

Alvin Bragg

AG Schneiderman Names Alvin Bragg, Margaret Garnett to New Posts

By Josefa Velasquez |

New York Attorney General Eric Schneiderman today announced the appointment of Chief Deputy Attorney General Alvin Bragg and Executive Deputy Attorney General for Criminal Justice Margaret Garnett.

On the Move

Five firms announce new additions: Buchanan Ingersoll, Goldberg Segalla, Debevoise, Cozen O'Connor and Cole Schotz.

More than fifty new American citizens were sworn in during a Constitution Day ceremony in Brooklyn, Monday, September 18, 2017.

Celebrating Constitution Day

By David Handschuh, Photographer |

More than 50 new American citizens were sworn in during the Constitution Day ceremony at the Eastern District courthouse in Brooklyn on Monday.

Trump Lawyers' Loose Lips Find Audience in DC Power Lunch Scene

By Katelyn Polantz |

"There's a difference between being seen in public and being heard in public," notes one D.C. recruiter.

Litigation Funder Longford Raises $500M as Industry Stays Flush

By Roy Strom |

Longford Capital Management LP on Monday announced the latest headline figure in the litigation finance industry. Longford said it raised $500 million for a second fund that will dwarf the initial $56.5 million fund that the Chicago-based firm raised three years ago.

Equifax Inc., offices in Atlanta.

Equifax Executives' Stock Sales Raise 'Fundamental Questions' Tied to Breach

By C. Ryan Barber |

Here’s a snapshot from the Dorsey & Whitney report about issues surrounding the stock sales, and guidance for companies that are watching how Equifax responds to the cyber breach for any wider lessons about what to do.

Big Law Staff Attorney Pleads Guilty to Child Porn Charges

By Brian Baxter |

Jason Mark Sims, a 35-year-old lawyer who has worked at Paul, Weiss, Rifkind, Wharton & Garrison in Washington, D.C., has pleaded guilty to distributing videos of child sex abuse. Federal prosecutors disclosed the charges against Sims late Friday.