A high-profile Long Island attorney was relieved of his role as receiver of a charitable foundation by a judge who questioned the distributions he made and faulted him for not seeking court approval for disbursements or disclosing relationships with intended beneficiaries.
This Weeks News
Without reaching the ultimate issue of whether the government's actions violated the Fourth Amendment, the Second Circuit, sitting en banc, held Friday that the 2 1/2-year retention of seized hard drives, followed by a new search of them leading to a tax evasion conviction, was allowable.
Former Dewey & LeBoeuf executive director Stephen DiCarmine, who continues to battle multiple criminal charges related to his firm's 2012 collapse, chose a new white-collar defense lawyer for his upcoming retrial.
The late justice Antonin Scalia was not just a dear colleague and friend, Justice Ruth Bader Ginsburg said Thursday at the judicial conference of the U.S. Court of Appeals for the Second Circuit at Saratoga Springs. He was also a "discerning shopper."
As if Hulk Hogan's courtroom brawl with Gawker Media wasn't already spectacle enough, this week brought news that PayPal billionaire and Sullivan & Cromwell alum Peter Thiel has been funding the litigation, possibly thanks to a personal vendetta against Gawker. One group that's not thrilled with the latest twist? The established litigation finance industry.
A man who spent eight years in prison has been cleared of the arson charge that landed him there, and is now free because of a big assist by the Putnam County District Attorney.
The Padilla Support Center will hold immigration consequences training sessions and disseminate resource guides for criminal defense attorneys and others, as well as operate a hotline attorneys can call for advice or to be connected with immigration lawyers who can handle non-criminal needs, like residency applications and deportation proceedings.
Changing his position, a judge has ruled that heroin police said they found in a handbag left in a car may be used as evidence over the objections of the handbag's owner.
A man has been arrested and charged with murder in connection with the shooting death of an aide to Gov. Andrew Cuomo who was caught in the crossfire between two gangs last year.
A state appeals court declined to dismiss a challenge to the Orange County Board of Elections' decision not to assign some non-Hasidic election inspectors to work at voting places in the Hasidic community of Kiryas Joel.
A Vietnamese man was sentenced Friday to 40 years in prison by a judge who said she believed he plotted to carry out a suicide bombing at London's Heathrow Airport.
The Judicial Friends Association gathered recently at Staten Island's First Central Baptist Church for its 38th annual Law Sermon.
About a year after Hurricane Sandy bore down on the East Coast, a steady flow of insurance cases began pouring into the Eastern District. But only 73 of 1,400 cases remained as of May 23. Attorneys involved said one important reason for the quick resolution was the work done by Magistrate Judges Cheryl Pollak, Ramon Reyes Jr. and Gary Brown.
A woman has been spared a prison sentence by Eastern District Judge Frederic Block who reasoned the collateral consequences she will face for her drug smuggling felony was sufficient punishment.
A lawyer who sued SoulCycle for terminating his membership, alleging it was retaliation for having represented a SoulCycle employee in a wages-and-hours case against the popular workout chain, had his case dismissed Thursday by the First Department.
A Brooklyn appeals panel has affirmed a lower court's holding that an arbitrator may not "modify" a ruling two years after making it based on "new information in the matter."
More than 200 law professors and other scholars rushed out of the gate to back the Consumer Financial Protection Bureau's plan to prohibit arbitration clauses preventing class actions, as the formal comment period on the proposal opened this week.
Lawyers often rely on consultants like Josh Dubin, whose Dubin Research & Consulting, in the words of its website, "crafts litigation strategy that translates into victories at trial." He discusses trial strategies, juror psychology, and some of the cases in which his work had a significant impact.
New York State Attorney General Eric Schneiderman made a strong statement on Monday when he announced that he would include Domino's Pizza Inc. as a defendant in a wage theft case against three Domino's franchisees that operate a total of ten stores in the state. It is the first wage theft case Schneiderman has brought that invokes "joint employer" liability.
New York City plans to enforce a first-of-its-kind requirement for warning icons on salty chain restaurant foods beginning June 6 after an appellate court gave the go-ahead to start issuing fines. But it's not the final word on whether the regulation will stand.
A proposed Commercial Division rule aimed at promoting the use of affidavits rather than live direct testimony in bench trials has been released for comment by the Administrative Board of the Courts.
An appeals court has thrown out a gang assault conviction for a man accused of slashing a victim in the face during a street fight in Queens, citing inconsistencies in the testimonies of the victim and witnesses.
Lawrence Voigtsberger, who has served as case management coordinator in Suffolk County Supreme Court since 2009, was appointed jury commissioner on Tuesday. He replaces Michael O'Donohoe, who served as the commissioner for 22 years before retiring earlier this year.
The New York Legal Assistance Group held its annual gala May 24, where it honored Judge Fern Fisher, deputy chief administrative judge for New York City courts and Kevin Genirs, U.S. general counsel of the Royal Bank of Canada.
The Nassau Lawyers' Association of Long Island honored Kathryn Driscoll Hopkins, chief clerk of the Nassau County Supreme Court, with the William J. Gitelman Award, which recognizes an outstanding legal professional who demonstrates an extraordinary degree of integrity, honesty and commitment to serving others.
An attorney accused of stealing almost $600,000 from the estate of John Phillips Jr., a late Brooklyn Civil Court judge who died without leaving a will, was charged on Wednesday with second-degree grand larceny.
A state open government watchdog has panned what he called a "ridiculous" determination by the administration of New York City Mayor Bill de Blasio that certain communications with "agents of the city" who are not employees are exempt from Freedom of Information Law disclosure.
Possible violations of state and local laws restricting smoking in public give a firefighter the sufficient basis to pursue his personal injury claim against the operators of the Italian restaurant where he was hurt while responding to a call, a judge determined.
Addressing the annual Second Circuit Judicial Conference, Chief Judge Robert Katzmann said a civic education initiative is well underway, with committees that cover everything from helping teachers develop social studies curricula that increase understanding of the justice system, to the creation of learning centers, to regular visits to courthouses for students.
With Donald Trump's finances becoming a contested issue in the presidential race, a 2006 libel suit he filed in New Jersey is getting renewed attention in political circles.
The former executive director of the police oversight Civilian Complaint Review Board has reached a settlement with New York City on gender discrimination and other charges in a lawsuit where she claimed the administration of Bill de Blasio torpedoed her chances for a judgeship.
The New York City Council passed legislation Wednesday that would reduce penalties for minor offenses such as littering, violation of park rules and public urination.
A Western New York county has bought a legal malpractice lawsuit against Harris Beach, claiming $10 million in damages, arguing the firm missed a deadline to file critical appeal papers to the U.S. Supreme Court.
The state Senate gave final legislative approval Wednesday to a bill to repeal New York state's sales tax on feminine hygiene products
The executive director of the state Joint Commission on Public Ethics, Seth Agata, said at a meeting of the board Tuesday that "business is brisk" and there is a need for two attorneys with investigative experience.
Approximately 218 applicants for the bar will be interviewed on Tuesday, May 31 by the Character and Fitness Committee of the Appellate Division, First Department.
According to Acting Supreme Court Justice Jo Ann Ferdinand, presiding judge of the Brooklyn Treatment Court, more than 3,000 participants had overcome their substance abuse and resumed lives as contributing members of society.
COBANC, a union representing nonjudicial employees in Nassau County, rallied at the County Courthouse in Mineola Tuesday. The union has not had a contract since 2011.
A federal judge entered a $100 million damages award in a terrorism financing case against Arab Bank but paused enforcement, clearing the way for the bank to appeal an underlying liability verdict.
Justice Carol Edmead held that Nathan Bershadsky was not acting within his capacity as an employee of Tompkins Square Bagels when, taking exception to a vulgarity a customer directed at a waitress, he followed the patron outside of the shop and across the street and punched him in the jaw.
A prison official walking the fine line in the scheduling and observances for the various religions practiced by inmates is shielded by qualified immunity for taking one Rastafarian holiday off the calendar and replacing it with another, a judge has ruled.
The U.S. Supreme Court on Monday reversed the conviction of a black man in Georgia sentenced to die for the murder of a white retired schoolteacher, saying that "the focus on race in the prosecution's file plainly demonstrates a concerted effort to keep black prospective jurors off the jury."
Burton Joseph, who was a Family Court judge for 12 years before joining the state Supreme Court, was known for his charitable contributions, working with We Care, the charitable arm of the Nassau County Bar Association, the American Cancer Society and the Levittown United Cerebral Palsy Association.
The New Jersey Supreme Court Committee on Attorney Advertising has issued a warning that many lawyers are failing to comply with its rules governing promotion of comparative accolades like "Super Lawyers" and "Best Lawyers."
A state judge acquitted an upstate businessman Tuesday of murdering his estranged wife on Sept. 11, 2001, in the fourth time the defendant stood trial for the crime.
The state Commission on Judicial Conduct has recommended that a town court justice in Westchester County be admonished for improperly letting a deputy town attorney decide on the disposition of traffic cases before her court from May 2011 to May 2012.
A trial court that convicted a defendant of a lesser included charge without first stating before summations that the lesser charge would be considered did not cure the error by allowing defense counsel to reargue his summation several months later, the First Department said.
Attorney General Eric Schneiderman on Tuesday sued Domino's Pizza Inc., affiliates and three franchisees alleging they underpaid workers based on payroll reports generated by the parent company's computer system.
The Metropolitan Black Bar Association held its 32nd annual awards gala on May 20.
Attorney General Eric Schneiderman presented the Fund for Modern Courts' 2016 John J. McCloy Memorial Award to Harlan Levy, a partner at Boies, Schiller & Flexner and former chief deputy attorney general.
Silicon Valley firm Fenwick & West, in a growth spurt amid rising revenue from tech transactions, will open a six-partner New York office next month, the firm has announced.
Hunton & Williams is in merger talks with midmarket U.K. firm Addleshaw Goddard, Legal Week has learned. If successful, a merger between the pair would create a firm with more than 1,300 lawyers and combined gross revenue of around $809 million.
A Bank of America predecessor, Countrywide Home Loans, was accused of knowingly selling defective home mortgages to Fannie Mae and Freddie Mac as the 2008 financial crisis accelerated. But a unanimous panel of the Second Circuit accepted defense arguments that all the government had proven was an intentional breach of contract by Countrywide.
The lead lawyer for New England Patriots quarterback Tom Brady Monday launched a long-shot bid to win reversal of the four-game suspension the National Football League leveled against Brady for an alleged conspiracy to tamper with footballs in 2015.
Judge Dennis Jacobs, writing for the Second Circuit, said the banks urged on appeal that LIBOR is not itself a price, but "LIBOR forms a component of the return from various LIBOR-denominated financial instruments, and the fixing of a component of price violates the antitrust laws."
A judge found that a small firm that fell victim to a counterfeit check scheme targeting attorneys failed to provide any authority for the proposition "that ordinary care" requires a collecting bank to identify false routing numbers, use fraudulent-check detection devices or investigate the source of counterfeit checks.
The First Department rejected arguments by Tonino Sacco and Elias Fillas, partners in 29-lawyer Sacco & Fillas, that Credit Suisse did not have standing to sue for damages caused when a Sacco & Fillas lawyer, who later pleaded guilty to mortgage fraud, allegedly closed a transaction using forged documents, and stole a portion of the loan proceeds.
By a 7-1 vote Monday, the U.S. Supreme Court said the 45-day deadline for initiating a constructive-discharge claim can begin running from the day the employee resigns—not the day of the last discriminatory workplace incident.