This Weeks News

Deadline Extended: NYLJ GC Impact and In-House Legal Departments of the Year

This contest recognizes outstanding work performed by general counsel and in-house legal departments over the past year, specifically how a corporate counsel's office, regardless of its size, came up with innovative programs, used ingenuity to solve problems or surmounted a scarcity of resources and still delivered high quality client service.

Microsoft's data center in Dublin, Ireland.

Government Asks SCOTUS to Overturn Microsoft Decision on Overseas Data

By Ben Hancock |

The Department of Justice on Friday asked the U.S. Supreme Court to overturn a landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put company data stored overseas mostly out of reach of U.S. law enforcement.

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

How Second Circuit's 'Stadnick' Decision Provides Securities Clarity

By B. Colby Hamilton |

The U.S. Court of Appeals for the Second Circuit added a valuable point of clarity in securities cases dealing with material omissions this past week, even if 'Stadnick v. Vivint Solar' did little to change how most attorneys say they plan to approach the law.

Martin Tankleff

Tankleff's Suit Over Murder Convictions Gets Green Light

By Katheryn Hayes Tucker |

Martin Tankleff, who spent 17 years in prison before his conviction for his parents' murders was overturned and his charges were dismissed, is headed to court with his lawsuit against Suffolk County alleging police officers and county officials violated his constitutional rights.

Raphael Golb and 'The Great Isaiah Scroll'

Conviction Over Internet Aliases Argued in Dead Sea Scrolls Case

By Andrew Denney |

Under the plain language of New York's third-degree forgery statute, many of President Donald Trump's Twitter followers, the author of the Federalist Papers and others who have used pseudonyms could be prosecuted, an attorney for blogger and disbarred lawyer Raphael Golb argued Friday before a federal appeals court. Such a broad reading would be unworkable, even absurd, attorney Ronald Kuby said in argument to a federal appeals panel.

Outsourcing Firm Infosys 'Systematically' Abused US Visa Law, Schneiderman Says

By Josefa Velasquez |

Infosys Ltd. has reached a $1 million settlement with Attorney General Eric Schneiderman's office, which claimed the India-based outsourcing and consulting company obtained temporary visitor B-1 visas instead instead of the required H-1B visas, and placed foreign workers in jobs throughout New York without paying prevailing wages and the applicable taxes.

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

Ruling Imputing Income to Part-Time NY Lawyer Upheld

By Jason Grant |

A Manhattan judge properly imputed income in a divorce to an Ivy League-educated wife who stopped full-time lawyering in 1999, since she maintained her law license, engaged in professional activities and did consulting work, an appeals court has ruled.

The Civilian Complaint Review Board handles complaints about alleged excessive or unnecessary force, abuse of police authority, discourtesy and offensive language.

Tennis Star Trades Right to Sue NYC for Legal Fellowship

Retired professional tennis player James Blake has agreed to drop his right to sue New York after he was mistakenly arrested and tackled by police. In exchange, a legal fellowship will be created in his name that will bolster the work of the city's police watchdog agency.

Preet Bharara, former U.S. Attorney for the Southern District of New York

Bharara May Address Trump Rift in His Upcoming Book

By Andrew Denney |

Preet Bharara may address the circumstances surrounding his March ouster as Southern District U.S. attorney, as well as the loftier topics of "integrity, leadership, decision making, and moral reasoning" in an as-yet-unnamed book set to be released in early 2019.

On the Move

McDermott Will & Emery; Tarter Krinsky & Drogin; Loeb & Loeb; Morrison Cohen; Venable; and Anderson Kill have each added an attorney.

Correction

Robert Mueller

Mueller Bolsters Russia Team's Appellate Readiness in New Hire

By Marcia Coyle |

Adam Jed, a 2008 Harvard Law School graduate and former clerk to U.S. Supreme Court Justice John Paul Stevens, has joined Special Counsel Robert Mueller III's legal team in the investigation of Russia's interference with the U.S. presidential election. At the DOJ, Jed defended the Affordable Care Act and helped implement the Supreme Court's DOMA ruling.

Circuit Finds Consumers Bound by Contracts in Robocall Suit

By B. Colby Hamilton |

In a split with other circuits, the U.S. Court of Appeals for the Second Circuit ruled Thursday that the federal Telephone Consumer Protection Act does not allow consumers to demand that they stop receiving automated calls if they agreed to provisions opting them in.

New York Kitchen & Bathroom

Panel Scuttles $1.35M Verdict in Home Renovation Case

By Jason Grant |

A Manhattan appeals court threw out a $1.35 million verdict on Thursday, saying a trial judge committed reversible error when she decided from the bench that a breach of contract occurred, thereby stripping the issue from the jury.

EMC Frontline’s poster

AG's Subpoena for Pregnancy Centers Violates First Amendment, Panel Finds

By Andrew Denney |

The Second Department agreed that Attorney General Eric Schneiderman has a compelling interest to prevent practicing medicine without a license or other fraudulent or illegal acts, but said that the subpoenas needed to be more narrowly tailored to avoid infringing on the right of freedom of association of a group that runs anti-abortion medical centers.

London Traders Gamble on SDNY in Foreign Currency Case

By Miriam Rozen |

As the Department of Justice prosecutes alleged manipulation of the foreign currency spot trading market, a trio of London-based foreign currency traders who worked for Citicorp, Barclays, and JPMorgan Chase agreed earlier this month to come to New York in July for their arraignments.

New York Regulators Approve Virtual Currency Company's Expansion to Washington State

By Josefa Velasquez |

Gemini Trust, a virtual currency company, has been approved by New York's Department of Financial Services to expand its operations into Washington state.

Q&A With Gerald Lebovits

By Rebecca Baker |

Acting Manhattan Supreme Court Justice Gerald Lebovits suspected that many judges struggled with the pressures of the job. So he began researching the topic and wrote what became the June cover story of the New York State Bar Association's Journal: "Judicial Wellness: The Ups and Downs of Sitting New York Judges."

Ahmad Khan Rahimi in December

Charges in Chelsea Bombing Case Allowed to Proceed

Southern District Judge Richard Berman will not throw out charges that could result in a mandatory life prison sentence for a man accused of plotting bomb attacks in New Jersey and New York that injured 30 people.

Kenneth Feinberg

Feinberg to Co-Administer Fund for Diocese Victims

By Andrew Denney |

Settlement specialists Kenneth Feinberg and Camille Biros, known for their work on relief funds for victims of the Sept. 11, 2011 terrorist attacks and other calamities, will administer a compensation fund for victims of sexual abuse by priests and deacons in the Diocese of Brooklyn.

New York State Capitol in Albany

State Senate Approves Parole Board Nominees

By Josefa Velasquez |

The Republican-led state Senate approved several of Gov. Andrew Cuomo's nominees to the Department of Corrections and Community Supervision's Board of Parole on Wednesday.

City Hall

Board Schedules Hearing on Interim Civil Court Judges

The Mayor's Advisory Committee on the Judiciary will hold a hearing on June 30 to receive information regarding Mayor Bill de Blasio's nominees for appointment to Family Court and Interim Civil Court. The nominees are Melody Glover, Elenor C. Reid and Christopher Robles.

Town Court of Rossie

Mishandled Reports, Funds Prompts Judge to Resign

By Rebecca Baker |

A former upstate Town Court justice accused of mishandling court funds and records has agreed never to seek or accept judicial office, the Commission on Judicial Conduct said Thursday.

Preet Bharara, former Southern District U.S. Attorney, speaks to a standing room only crowd at Cooper Union on April 6, his first public appearance since his termination by President Donald Trump.

Bharara Lands Book Deal for Undisclosed Sum

Alfred A. Knopf announced Thursday that former Southern District U.S. Attorney Preet Bharara was working on a book about the "search for justice" that would come out early in 2019.

George Clooney and friends, presumably celebrating the sale of Casamigos Tequila

Wilson Elser Lawyer Helps Clooney Close $1B Tequila Deal

By Brenda Sapino Jeffreys |

Larry Waks is representing an investment group that includes George Clooney on the roughly $1 billion sale of the premier Casamigos Tequila brand to global spirits giant Diageo plc, which is being advised by Sullivan & Cromwell.

Anthony Kennedy.

In Takings Case, Supreme Court Snubs Property Rights Advocates

By Tony Mauro |

The U.S. Supreme Court, ruling 5-3 in favor of Wisconsin in a property rights dispute, disappointed business groups that were hoping to boost regulatory takings claims.

From left: Jonathan Berschadsky, Frank DeLucia Jr. and Luciano Ricondo.

IP Boutique Expands NYC Office With Partner Hires

By Christine Simmons |

Two partners who were practice group leaders at Fitzpatrick, Cella, Harper & Scinto have joined the New York office of Minneapolis-founded IP boutique Merchant & Gould.

Court Strikes Defense Answer After Finding Hacking of Emails

By Jason Grant |

A Manhattan judge has struck a defendant's answer in a media-based breach of fiduciary duty and unfair competition suit, after finding that 2,000 emails, including attorney-client privileged information possessed by plaintiffs, had been hacked and stolen.

Asbestos fibers

New Asbestos Court Rules May Draw Challenges From Defense, Plaintiff Bars

By Andrew Denney |

The new case management order for New York City's asbestos courts, released Tuesday and set to take effect on July 20, contains provisions that both defense and plaintiffs' attorneys can either support or loathe.

Abdi Shayesteh

Ex-Big Law Associate Sells Experience With Legal Startup

By Meghan Tribe |

Abdi Shayesteh, a former King & Spalding associate who held several Big Law and in-house roles, has created an online platform called AltaClaro that links lawyers to top legal professionals that provide mentorship and counseling necessary to advance their legal careers.

New York State Capitol in Albany

Legislature Approves 'Lavern's Law' MedMal Bill

By Josefa Velasquez |

The state Legislature passed a scaled-back version of Lavern's Law on Wednesday that seeks to change the statute of limitations on medical malpractice lawsuits to give some victims more time to file complaints and seek restitution.

The Anti-Defamation League on Tuesday night recognized Frankfurt Kurnit Klein + Selz for their pro bono work opposing President Donald Trump’s immigration ban. Attorneys in the firm’s New York and Los Angeles officers filed seven briefs on behalf of the ADL from New York to Hawaii. This is the first time the ADL has honored a law firm. From left: associate Jessica B. Smith, counsel Caren Decter, litigation partner John B. Harris, who received individual recognition at the event, and associates Lakendra S.   Barajas and Lily Landsman-Roos.

Frankfurt Kurnit Lauded for Pro Bono Work

The Anti-Defamation League on Tuesday night recognized Frankfurt Kurnit Klein + Selz for their pro bono work opposing President Donald Trump’s immigration ban.

Judge Paul Feinman, center, is confirmed as an associate judge of the Court of Appeals by the New York state Senate at the Capitol in Albany on Wednesday,  June 21. Applauding him are Chief Judge Janet DiFiore, left, and husband Robert Ostergaard, right.

Senate Confirms First Openly Gay Judge on Court of Appeals

By Josefa Velasquez |

The Republican-led state Senate on Wednesday confirmed Appellate Division, First Department, Justice Paul Feinman to the Court of Appeals, making him the first openly gay judge on New York's highest court.

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

Second Circuit Splits With First Over Securities Disclosure Test

By B. Colby Hamilton |

A U.S. Court of Appeals for the Second Circuit panel Wednesday rejected attempts by a plaintiff to assert a First Circuit standard for securities fraud cases dealing with the disclosure of information to investors.

Village Justice Convicted of Felony Agrees to Resign

By Rebecca Baker |

A former village justice in Rockland County who was appointed to the bench last year despite his 1978 felony conviction has agreed to resign, the Commission on Judicial Conduct announced Wednesday.

National Labor Relations Board in Washington, D.C.

Big Business Urges Justices to Uphold Bans on Employee Class Actions

By Marcia Coyle |

Big-business advocates are lining up with the Trump administration's new position in the U.S. Supreme Court that workplace arbitration agreements banning class actions do not violate federal labor law.

U.S. Securities and Exchange Commission building.

SEC Charges General Counsel With Fraud in Fake Loan Scheme

By Sue Reisinger |

The U.S. Securities and Exchange Commission has charged Arista Power Inc., its general counsel, Michael Hughes, its CEO and a third party with securities fraud.

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

Panel Turns Away Counterclaim by Napoli in Sex Bias Suit

By Jason Grant |

A state appeals court on Tuesday shut down Paul Napoli's bid to pursue defamation and defamation per se counterclaims against Denise Rubin, a former employee who is pursuing a $1 million sex discrimination lawsuit against the ex-firm and Napoli himself.

Funds Leader Leaves Stroock Amid Corporate Group Losses

By Christine Simmons |

Lior Ohayon, who was co-leader of Stroock's corporate practice and chair of its private funds group, plans to join Willkie Farr & Gallagher as a partner in its asset management practice this week. The move continues a string of fund attorney exits from Stroock amid a recent leadership change.

Judge Fisher

Fisher to Continue Social Justice Endeavors After Leaving Bench

By Jeff Storey |

A veteran judge who has championed access to justice for the poor will continue her crusade at a Long Island law school after she retires from two high-level state court positions next week.

Ahmad Khan Rahimi in December

Jurors Need Not Hear From Terrorism Expert Needed in Chelsea Bomber Case, Defense Argues

By Andrew Denney |

Lawyers for a man charged last year with planting bombs in Manhattan and New Jersey say prosecutors shouldn’t be allowed to bring in an expert witness on foreign terrorist organizations to testify in the case as it would serve to inflame and prejudice the jury.

New York City Bar Association president John Kiernan welcomes guests to the 2017 Diversity and Inclusion conference, while members of the first panel, from left,
moderator Drew Gulley of Bloomberg, Omar Gonzalez-Pagan of Lambda Legal, Sosimo Fabian of the New York City Law Department and Jillian Weiss of the Transgender Legal Defense and Education Fund prepare for their discussion.

'Politically Charged Environment' Fuels Discussion at City Bar Diversity Conference

By Shibani Gokhale |

Dozens of lawyers gathered at the New York City Bar Association's third annual Diversity and Inclusion Conference this week with a similar question: What can we do to help?

Justice Feinman

Committee OKs Feinman, But Confirmation Uncertain

By Josefa Velasquez |

First Department Justice Justice Paul Feinman was unanimously approved to the state's highest court by the Judiciary Committee, but a full Senate confirmation vote remained unscheduled Tuesday.

Justice Mazzarelli

Appellate Judge Selected for Judicial Conduct Panel

By Rebecca Baker |

First Department Justice Angela Mazzarelli will fill the unexpired term on the New York State Commission on Judicial Conduct of Rolando Acosta, who was promoted to presiding justice of the First Department last month.

Appellate Division, Third Department, courthouse in Albany

State Senate Approves Judicial Appointments

By Josefa Velasquez |

The Republican-led state Senate approved nearly 20 appointments or reappointments to the Court of Claims and interim appointments to the state Supreme Court Monday. Here's the list.

Justice Feinman

Senate Committee Will Take Up Court of Appeals Nominee Feinman

By Josefa Velasquez |

State Sen. John Bonacic, head of the judiciary committee, said Monday that his committee would take up the nomination of openly gay First Department Justice Paul Feinman to fill the seat left vacant by the death of Judge Sheila Abdus-Salaam.

NYPD surveillance camera

NYPD Use of Noncommittal 'Glomar' Answer Questioned as Transparency Dodge

By Andrew Denney |

Some in the legal community can neither confirm nor deny that the New York City Police Department's policy of using the so-called Glomar doctrine as an exemption to open records requests is a good thing. But all can agree that the CIA-coined nonanswer to requests for information that was typically used in situations involving matters of national security has seen wider use in recent years.

Robert Mueller

Mueller, Ashcroft Win Supreme Court Ruling That Blocks Sept. 11 Claims

By Marcia Coyle |

The U.S. Supreme Court on Monday blocked a lawsuit from moving forward against former George W. Bush administration U.S. Attorney General John Ashcroft and former FBI director Robert Mueller III over claims they crafted and executed unlawful detention policies in the aftermath of the September 11, 2001, terror attacks.

Eric T. Schneiderman

Schneiderman's Latest ExxonMobil Subpoena Faces Resistance From the Bench

By B. Colby Hamilton |

Attorney General Eric Schneiderman's push to compel ExxonMobil to produce additional documents as part of its fraud case against the energy company has been clipped, at least for the time being, by Manhattan Supreme Court Justice Barry Ostrager.

Oxycontin bottle on shelf

Opioid Overprescribing Charges Dropped Against Doctor Who Blamed Big Pharma

By Kristen Rasmussen |

A federal judge in the Eastern District has dismissed charges accusing a Long Island doctor of overprescribing opioid medication. The doctor had used the novel defense of accusing pharmaceutical companies of being responsible, but the judge dismissed the charges because the indictment failed to include necessary statutory elements. U.S. Attorney's office says it will file a new indictment.

The Slants

Supreme Court Rules First Amendment Protects Disparaging Trademarks

By Tony Mauro |

A high-profile trademark fight centered on the Asian-American rock band The Slants ended Monday with a ruling that the Lanham Act’s prohibition against “disparaging” marks violates the First Amendment.

U.S. Supreme Court building.

SCOTUS Narrows Forum-Shopping in Big Pharma Action

By Tony Mauro |

In a win for the corporate defense bar, the U.S. Supreme Court on Monday tightened jurisdictional rules that determine where companies can be sued.

Steven Donziger

SCOTUS Denies Cert in Lawyer's Bid To Enforce Chevron Payment

By Andrew Denney |

New York lawyer Steven Donziger has been foiled in his bid to enforce a multibillion-dollar judgment against Chevron over allegations of environmental damage in Ecuador, after the U.S. Supreme Court denied certiorari from an appeals court decision to block its execution.

Stroock Dodges Claims Stemming From $45M Investment Dispute

By Christine Simmons |

A Manhattan judge has dismissed claims against Stroock & Stroock & Lavan brought by Brown Rudnick related to a legal malpractice dispute, trimming a defendant from a 5-year-old case that entangled three law firms and investment firm Stonebridge Capital.

Justice Daniel McCullough with his wife Arvella at a 2011 New York County Lawyers' Association reception for the judiciary.

Ailing Ex-Judge Pledges Not to Seek Judicial Office Again

By Jason Grant |

A recently retired acting Manhattan Supreme Court justice and Court of Claims judge has agreed to never seek or accept state judicial office again after failing to perform his job for three years while struggling with "severe and pervasive" health problems.

On the Move

Bressler, Amery & Ross; Barton; Rimon; and Rawle & Henderson have added attorneys.

Clifford Chance Adds Two Corporate Partners in New York

Clifford Chance has recruited two corporate partners in New York, including the former group general counsel of Zurich Insurance Group.

John Rowley III

Good Samaritan Scores Summer Associate Gig After Train Station Assault

By Meghan Tribe |

Andrew Miller, a law student at George Washington University, defended Baker McKenzie partner John Rowley when he was assaulted last month in Washington, D.C. That heroic act helped Miller land a summer associate job at the firm this summer.

U.S. Supreme Court Justice Anthony Kennedy

In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders

By Tony Mauro |

In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.

Orrick in San Francisco

Orrick Ushers in New Parental Leave Policy

By Rebecca Cohen |

Just in time for Father's Day, Orrick, Herrington & Sutcliffe is expanding the relatively generous parental leave policy the firm introduced two years ago.