This Weeks News

Circuit Lifts Injunction in AmEx Antitrust Litigation

By Mark Hamblett |

American Express policies that stop merchants from steering customers to other credit cards do not violate the Sherman Antitrust Act, the Second Circuit ruled Monday in a victory for the credit card company.

Crowds in line at Brooklyn Housing Court

Low-Income Tenants' Right to Counsel Closer to Realization

By Andrew Denney |

Supporters are optimistic that a bill under consideration by the New York City Council to establish a right to counsel for low-income tenants in Housing Court, to which a clear majority of New York City Council members signed on as co-sponsors, may soon be signed into law.

Maria Vullo

Vullo Seeks Corporate, Consumer Balance as NY Regulator

By Joel Stashenko |

Confirmed in June to lead New York's Department of Financial Services, Maria Vullo says she doesn't see a conflict in pursuing both pro-consumer and pro-business agendas.

U.S. Supreme Court

Supreme Court Term Promises to Be IP Blockbuster

By Scott Graham |

With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.

Fake Pipe Bomb Counts as 'Destructive Device,' Appeals Court Rules

By Mark Hamblett |

A man who intentionally planted an incomplete bomb at a Home Depot to try to force the company to pay him $2 million is still guilty of planting a "destructive device" within the meaning of the extortion statute, a federal appeals court has ruled.

Daniel Bernstine

Law School Admission Council President Dan Bernstine Dies

By Karen Sloan |

Longtime Law School Admission Council President Dan Bernstine died late last week, according to the organization, which administers the Law School Admission Test and oversees the centralized law school application process.

Appellate Defender Office to Hold 'First Monday' Event

The Office of the Appellate Defender will host its 23rd annual "First Monday in October" fundraiser on Oct. 5—a Wednesday. The timing was altered this year to avoid conflicting with Rosh Hashana.

Martin Seidel

Cadwalader Corporate Litigation Chair Jumps to Willkie Farr

By Christine Simmons |

In another loss of a leading litigation partner at Cadwalader, Wickersham & Taft, Martin Seidel, who was chair of its corporate litigation group, has moved to Willkie Farr & Gallagher.

Comment Period Open on Amended Fiduciary Rules

By Joel Stashenko |

State court administrators are accepting comments until Nov. 15 on a set of proposed changes to the guidelines governing fiduciaries and the oversight of their work.

AG Names New Investment Protection Bureau Chief

By Joel Stashenko |

Katherine Milgram has been promoted to chief of New York Attorney General Eric Schneiderman's investor protection bureau. Milgram has been with the Attorney General's Office since 2013 and most recently was deputy chief of the bureau she was named Monday to lead.

Southern District U.S. Attorney Preet Bharara

Bharara to Talk Public Corruption at Oct. 6 Event

By Joel Stashenko |

Manhattan U.S. Attorney Preet Bharara, who's no stranger to bringing public corruption cases, is set to discuss that topic as part of a panel at Albany, New York's College of Saint Rose.

New Law Allows People to Be Buried With Pets

New York state will now allow people to be buried with the cremated remains of their pet. However, cemeteries would not have to offer the option, and religious cemeteries would be specifically forbidden from doing so.

Legal Aid Marches to Shut Down Rikers

The Legal Aid Society of New York, the Association of Legal Aid Attorneys and the Service Employees International Union 1199 marched in New York City on Saturday to demand the closing of Rikers Island.

Asian American Bar Commends Trailblazer

The Asian-American Bar Association of New York honored Sylvia Fung Chin, a partner of counsel at White & Case who specializes in corporate and commercial financing, with the 2016 Norman Lau Kee Trailblazer Award on Saturday.

Justice Ling-Cohan

Despite Controversy, Judge Ling-Cohan Makes Re-Election Ballot

By Jason Grant |

At a nominating convention Thursday evening, delegates of the Manhattan Democratic Party voted overwhelmingly to put Supreme Court Justice Doris Ling-Cohan on a re-election ballot in November.

Judge Laura Jacobson

Judge in Legal Row With Brooklyn Democrats Kicked Off Party Ticket

By Andrew Denney |

Democratic delegates in Brooklyn approved on Thursday a slate of six judicial candidates for state Supreme Court to appear on the November ballot that did not include Justice Laura Jacobson, who is locked in a legal battle with the party.

001029-M-0557M-011.The USS Cole (DDG 67) is towed away from the port city of Aden, Yemen, into open sea by the Military Sealift Command ocean-going tug USNS Catawba (T-ATF 168) on Oct. 29, 2000.  Cole will be placed aboard the Norwegian heavy transport ship M/V Blue Marlin and transported back to the United States for repair.  The Arleigh Burke class destroyer was the target of a suspected terrorist attack in the port of Aden on Oct. 12, 2000, during a scheduled refueling.  The attack killed 17 crew members and injured 39 others.  DoD photo by Sgt. Don L. Maes, U.S. Marine Corps.  (Released).

2nd Circ. Clears Release of Sudanese Assets in USS Cole Suit

By Joel Stashenko |

Ruling Thursday, the Second Circuit kept intact a judgment that ordered New York banks to release Sudanese funds to victims in the 2000 bombing of the USS Cole.

Judge Garaufis

Judge Rips Kirkland Over Associate's Appearance in Facebook Terror Networking Case

By Christine Simmons |

A Brooklyn federal judge called it "insulting" that Kirkland & Ellis didn't send a partner to handle a conference in litigation brought by terrorism victims against Facebook Inc.

ABA Beats Back Bid to Limit Accreditation Power

By Karen Sloan |

The American Bar Association will hang on to its power to accredit new law schools, despite a recommendation in June by a U.S. Department of Education committee to temporarily suspend that authority.

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

US Appeals Court Upholds Ruling Online Advertisers Can Be Liable for Deceptive Content

The Second Circuit disagreed with a defendant online advertiser's argument that it cannot be held liable because it did not create the deceptive content on phony news sites where it advertised, saying that a defendant can be held liable under the act for participating in a deceptive scheme or has the authority to control the deceptive content in question.

Donald Trump, left, and his ex-wife, Ivana Trump

Donald Trump's Divorce Records Will Stay Sealed, NY Judge Rules

By Zoe Tillman |

As Donald Trump gets ready for his first general election debate on Monday, he won’t have to contend with at least one potential distraction: a judge in New York has denied a request by news organizations to unseal records related to his 1990 divorce from Ivana Trump.

NYC to Pay Estate $8.25M for Wrongful Conviction

By Rebecca Baker |

The estate of a wrongfully convicted man whose case was called "rotten from day one" has settled its claims against New York City for $8.25 million.

Trump Hotels to Pay $50K for 2014 Data Breach

The Trump Hotel Collection company has agreed to pay $50,000 and shore up data security after breaches exposed more than 70,000 credit card numbers and other personal data, the state's attorney general said Friday in announcing a settlement.

LeGaL to Screen Candidates for Civil, Supreme Courts

The LGBT Bar Association of Greater New York is inviting all candidates who will be on the general election ballot for Civil Court and Supreme Court to appear before its screening panel.

Judge Schedules Hearing to Determine Woman's Burial Wishes

By Joel Stashenko |

A state judge in Manhattan ruled that, while a dead woman's children would generally have priority over where she's buried, there's also recourse under state law for others to argue in court for a burial elsewhere.

Robert H. Jackson Federal Courthouse in Buffalo

Judge Approves Reduced Legal Fees in Employment Suit Against Sears

By Joel Stashenko |

Two law firms that successfully argued a woman's employment retaliation suit against Sears Home Improvement Products were awarded a little more than half of the $785,600 they sought in attorney fees.

Southern District U.S. Attorney Preet Bharara announces charges against nine people Thursday, including two former aides of Gov. Andrew Cuomo.

Former Cuomo Aides Charged in Federal Corruption Probe

By Joel Stashenko |

Two of New York Gov. Andrew Cuomo's former top aides are among a group of defendants named in federal corruption charges unsealed Thursday.

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

No Guidance Expected on SEC Auditor/Client Relationships

Just days after the U.S. Securities and Exchange Commission took its first enforcement actions over close personal ties between auditors and clients, a top agency accountant said Thursday that he does not expect regulators to issue guidance specifying when a relationship crosses the line and compromises the review of a company's books.

Maurice Greenberg

What to Watch for in the Hank Greenberg Trial

By Jason Grant |

It took more than a decade, but the New York Attorney General's Office has finally started trial in its fraud case against former AIG chief executive Maurice "Hank" Greenberg. Here are three key aspects to keep an eye on.

Supreme Court Justices Won't Answer Questions About Their Health

By Tony Mauro |

When asked the eight current justices to make public their health statuses earlier this month, a single response came back from Chief Justice John Roberts Jr. this week. His answer, in effect, was: "Thanks for asking, but we'll release information about our health when we feel the public needs to know."

Mylan CEO Heather Bresch testifies before the House Oversight Committee during a hearing on Capitol Hill addressing the price increase of the company's EpiPen product.  Septembrer 21, 2016.

Lawmakers Target FDA Along With Mylan CEO at Congressional EpiPen Hearing

Searching for solutions to the skyrocketing cost of the EpiPen, lawmakers on the House Oversight Committee looked to Mylan chief executive officer Heather Bresch on Wednesday and asked why the pharmaceutical company could not lower the price for the drug delivery device used to treat life-threatening allergic reactions.

City's $650M in Payouts for FY 2015-16 Sets Record

By Andrew Denney |

New York City paid out $655.8 million during the 2015-16 fiscal year to satisfy judgments and claims, a $47 million increase from the previous fiscal year and an all-time high, according to a report from Mayor Bill de Blasio’s office.

Jessica Ortiz

SDNY Narcotics Unit Chief Leaves to Join Boutique

By Christine Simmons |

Litigation boutique MoloLamken has brought on Jessica Ortiz, the former chief of the narcotics unit at the Southern District U.S. Attorney's Office. She is the first woman partner of the 25-attorney boutique.

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

NY Appeals Court Sends Limited Claims Forward in Urban Compass Trade Secret Dispute

By Jason Grant |

A New York appeals court has decided to limit the potential unjust enrichment and quantum meruit claims brought by an entrepreneur who sued the apartment search website Urban Compass.

Three children in silhouette

Grand Jury Investigating State Foster Care System

A special grand jury has been empaneled to investigate New York's foster care system following the arrest of a suburban man on child sex abuse charges.

Former Suffolk County Police Chief James Burke is escorted to a vehicle by FBI personnel last week.

Ex-Chief Gets Sentencing Date in Civil Rights Case

A federal judge has set a sentencing date for the former Long Island police chief who admitted under a plea deal to beating a suspect who stole sex toys and pornography from the chief's sport utility vehicle.

NYLS Hosts Constitutional Debate

New York Law School hosted its Froessel Moot Court Competition on Sunday, where students debated whether a ban on sex offenders from using social media violates the First Amendment and 14th Amendment Due Process Clause.

Ahmad Khan Rahami after a shootout with police on Monday.

Prosecution That Is Here and There Could Be Trouble for Accused Bomber

By Charles Toutant |

As charges mount against Ahmad Khan Rahami in connection with bombings in Manhattan and New Jersey, one thing could make the job of prosecutors and defense lawyers more complicated: charges have been brought against the defendant in three jurisdictions.

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

Conviction of Lawyer at Heart of Law Firm Tax Shelter Scandal Upheld

By Mark Hamblett |

The conviction of former attorney Paul Daugerdas in the massive tax shelter fraud scandal that destroyed Dallas-based law firm Jenkens & Gilchrist was affirmed Wednesday by a federal appeals court.

The entrance to the Rikers Island Correctional Department facility

Court Upholds Denial of Security Clearance for Private Rikers Island Worker

By Joel Stashenko |

Applying a broad interpretation of state corrections law, a state judge held that New York City didn't overstep the line when it denied a security clearance to a former social worker at Rikers Island.

Judge Weinstein

Judge Rejects Parole Condition Barring Child Porn Convict From Church

By Mark Hamblett |

A requirement barring a convicted possessor of child pornography from his church has been rejected by a federal judge as unconstitutional.

Angelina Jolie Pitt files and Brad Pitt with their children in 2011

Six Children May Be a 'Handful' for Court to Deal With in 'Brangelina' Split, Lawyers Say

By Amanda Bronstad |

The divorce between Angelina Jolie Pitt and Brad Pitt has all the hallmarks of a high-profile celebrity split except for one thing: the couple’s six children under the age of 18.

U.S. Customs and Border Protection agents process unaccompanied children in Brownsville, Tx. Officials say that the impact of the situation along the border will ripple through the entire nation's Immigration Courts, including an already overburdened facility in New York.

Judge Scolds Obama, Congress for Allowing Children to Face Deportation Without Lawyers

By Zoe Tillman |

In an unusual call to action directed at members of Congress and the White House, a federal appeals judge in California on Tuesday urged the other two branches to address the "crisis" of thousands of children and teenagers facing deportation proceedings without a lawyer.

Fordham Law School Dean Matthew Diller, right, escorts U.S. Supreme Court Justice Ruth Bader Ginsburg for the Robert L. Levine Distinguished Lecture Series at the law school Tuesday.

Applause for the 'Notorious RBG'

By Rick Kopstein, Photographer |

U.S. Supreme Court Justice Ruth Bader Ginsburg appeared Tuesday at Fordham Law School's Robert L. Levine Distinguished Lecture Series, which was attended by more than 300 people. She answered questions on lighthearted topics such as whether or not she uses a smartphone and heavier subjects like the death of Justice Antonin Scalia.

Jeffrey Keitelman

Stroock Names DC Partner as New Co-Leader

By Christine Simmons |

Stroock & Stroock & Lavan has named Jeffrey Keitelman, a real estate practice leader who joined the firm last year from DLA Piper, as co-managing partner.

Preet Bharara

Former Prison Guards Face Charges in Inmate Beating

Federal prosecutors charged three former New York prison guards in an indictment unsealed Wednesday with participating in the bloody beating of an inmate more than two years ago and falsifying documents to cover it up.

Syracuse Suit Seeks to Halt Solitary Confinement for Juveniles

By Joel Stashenko |

The New York Civil Liberties Union filed suit in federal court Wednesday, looking to protect teenagers from being placed in solitary confinement in New York's Onondaga County.

Asbestos fibers

NYC Receives Last of More Than $100M of Recovery for Asbestos Removal

By Andrew Denney |

New York City has received the final payment owed it in recovering money it spent to strip asbestos from city buildings.

Route 426 at the Pennsylvania-New York border

Judge Allows Late Filing in Wrongful Death Suit, Citing Disputed Road Location

By Joel Stashenko |

A state judge in New York allowed a woman whose husband died in a three-wheeled motorcycle accident to pursue her wrongful death suit, despite a late filing.

Box of Hebei Welcome Pharmaceutical's Vitamin C

Appeals Court Vacates $147M Judgment Over Chinese Vitamin C

By Mark Hamblett |

Chinese vitamin C sellers are off the hook for violating U.S. antitrust law because they were compelled by the Chinese government to set prices and reduce quantities for the vitamin.

School Funding Doesn't Violate NY Constitutional Mandate, Judge Rules

By Joel Stashenko |

A state judge in Albany has rejected a constitutional challenge to the state's educational funding levels brought on behalf of students in eight smaller-city districts.

Attorney Evan Greebel outside federal court in Brooklyn in December 2015

Shkreli 'Shocked' His Lawyer Was Charged, Greebel Claims

By Christine Simmons |

In the run up to trial next year, lawyer Evan Greebel's attorneys are now seeking full statements from pharma exec Martin Shkreli and a host of other documents from Eastern District prosecutors, claiming they are exculpatory evidence.

Justice DeStefano

Judge Orders Firm to Pay Back Bilked Clients

By Andrew Denney |

A Nassau County judge rejected a law firm's "outrageous" argument that it is not obligated to repay the money stolen by a non-lawyer employee.

Brangelina Divorce Lawyer Seen as 'Cool, Calm, Practical'

By Amanda Bronstad |

Laura Wasser, the lawyer representing Angelina Jolie Pitt in her divorce from Brad Pitt, is synonymous with Hollywood’s biggest celebrity breakups, with recent cases including Jennifer Garner’s divorce from Ben Affleck and Johnny Depp’s split from Amber Heard.

Michael S. Caccese and James R. Segerdahl of K&L Gates

K&L Gates Picks Leadership Pair to Take Reins from Kalis

By Julie Triedman |

K&L Gates has selected investment management practice head Michael Caccese and longtime general counsel James Segerdahl to succeed chair and global managing partner Peter Kalis, who is stepping down early next year after two decades as leader, the firm announced Monday.

Timothy Oyer and Michael Rader of Wolf, Greenfield & Sacks

IP Boutique Wolf Greenfield Opens N.Y. Outpost

By Christine Simmons |

The move marks the 83-lawyer firm's first expansion outside Boston.

The Court of Appeals in Albany

Deadline Approaches for NY Court of Appeals Applications

By Joel Stashenko |

The deadline for applications for an upcoming vacancy on New York's highest state court is Sept. 26.

Objectors to VW Deal Criticize Potential Fees

More than a dozen objectors have urged a federal judge to reject Volkswagen's $14.7 billion emissions settlement next month—most of them criticizing a potential figure of $324 million—the number which lead plaintiffs attorneys signaled as the cap on their fee request.

Former Speaker of the House John Boehner

Former House Speaker John Boehner Joins Squire Patton Boggs

By Susan Beck |

Nearly a year after leaving office, John Boehner, the former Republican Speaker of the U.S. House of Representatives, is joining Squire Patton Boggs, the firm announced Tuesday.