This Weeks News

Twenty One Pilots

Atlantic Records Takes Reddit to Court Over 'Heathens' Leak

By Jason Grant |

Atlantic Records wants a New York judge to force the user-driven news site Reddit to hand over IP address information that would show who posted a new Twenty One Pilots single more than a week before its planned release.

Lawyers Restart GM Ignition Switch Litigation

By Amanda Bronstad |

On Monday, plaintiffs' lawyers submitted a joint letter on how to proceed in light of rulings by the Second Circuit and Southern District Judge Jesse Furman, who is overseeing the multi­district litigation. Taken together, the rulings wiped out a potential $10 billion case that GM’s unprecedented string of recalls in 2014 hurt consumers but green-lighted a new group of lawsuits that plaintiffs attorneys hope could reverse a line of unsuccessful trials this year.

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

Murder Conviction Reinstated as Conflict Claim Is Reversed

By Andrew Denney |

An appeals court has reinstated a man's 1992 murder conviction, reversing a lower court's decision to vacate the sentence after finding that a conflict of interest arose when the man's attorney took a job with the Brooklyn District Attorney’s Office.

Bear Stearns.

Path Cleared for Opt-Out Investor Suit Against Bear Stearns

By Jason Grant |

Judge Robert Sweet ruled Monday that key factual questions remain with regard to allegations that the investment bank lied about its financial health before its 2008 collapse.

From left, Shaoul Ohana, Ephraim Vashovsky, and Adam Cohen are arraigned in Manhattan state Supreme Court Tuesday.

Landlord, Others Charged With Harassing Tenants

A landlord, property manager and contractor are facing criminal charges for allegedly driving a rent-stabilized family out of their Manhattan apartment by demolishing the building around them.

Sean Stewart, left, leaves federal court with his lawyer, Mark Gombiner, on Wednesday.

Insider Trading Defendant 'Betrayed' by Dad, Lawyer Says

By Jason Grant |

A defense lawyer for Sean Stewart told jurors in opening statements Wednesday that his client's father traded on information shared in personal conversations.

Andre Bouchard, Chancellor of the Delaware Court of Chancery

Suit Against Delaware Chancellor Said to Stand Little Chance

By Christine Simmons and Tom McParland |

Corporate governance experts say a Transperfect employee's free speech suit against Chancellor Andre Bouchard over the company's forced sale isn't likely to survive.

Surrogate López Torres

Noting Human Rights Concerns, Surrogate Denies Guardianship of Disabled Adult

By Joel Stashenko |

A Brooklyn surrogate court refused to name a guardian for a 34-year-old woman with Down syndrome at her parents' request, suggesting that guardianship appointments can undermine the rights of people with mental disabilities.

John Hinckley Jr.

Judge Grants Release of Hinckley 35 Years After Reagan Shooting

By Zoe Tillman |

The order culminates a decade of efforts by Hinckley, his lawyers at Blank Rome, and his treatment team at St. Elizabeths Hospital in Washington, D.C. to reintegrate him into the community.

Supporters listen as Bernie Sanders, U.S. Senator from Vermont, addresses delegates on the first day of the 2016 Democratic National Convention at the Wells Fargo Center in Philadelphia, PA, on July 25, 2016.

Perkins Coie's Myriad Roles Raise DNC Conflict Questions

By Susan Beck |

Perkins Coie's domination of the Democratic federal election scene has long been a point of pride for the firm. But now, with the uproar triggered by the release of emails hacked from the DNC, the firm's multiple roles have raised questions about potential conflicts.

Online Bankruptcy Service Tool Launched for Low-Income Clients

The startup, which launched for New York clients, is another legal aid platform connected to legal tech innovation programs at major law schools.

Dean Skelos, right, and his attorney Robert Gage Jr. leave federal court after sentencing.

Skelos Disbarred Following Corruption Conviction

By Andrew Denney |

Dean Skelos, the former state Senate majority leader who was found guilty in federal court of extortion and bribery for helping to enrich his son through no-show jobs, has been disbarred.

Faulting Parole Board, Judge Orders Inmate's Release

By Joel Stashenko |

Criticizing a parole board's ruling to keep an inmate behind bars as a mere "regurgitation" of oft-used jargon by parole panels, a judge has ordered a man released after 20 years in prison for kidnapping, robbery and other charges.

Injury Suits Grow Over Hoosick Falls Pollution

By Joel Stashenko |

Residents of Hoosick Falls, where groundwater supplies were recently found to contain perfluorooctanoic acid, or PFOA, have begun to file suits alleging injuries from the contamination.

J'ouvert celebration in Brooklyn, 2010

Festival Security Beefed Up After Death of Cuomo Aide

J'ouvert, a widely-attended Brooklyn celebration, is getting security enhancements a year after the death of Carey Gabay, who was caught in a gang shooting while walking with his brother and friends during last year's celebration.

Circle hooks

State Extends Measures to Protect Sharks

A new law continues for two more years the ban on shark fishing with the traditional J-hooks that sharks are considered likelier to swallow, potentially gutting them.

Traci Ribeiro

Seeking Equal Pay for Women, Sedgwick Partner Sues Her Firm

By Roy Strom |

A current nonequity partner at Sedgwick has accused the firm of systemic discrimination against women in a class action suit filed Tuesday in a California state court.

Eric T. Schneiderman

AG Defies Subpoena From Congress Over Exxon Probe

By Joel Stashenko |

New York Attorney General Eric Schneiderman will defy a congressional subpoena seeking information about his office's investigation of whether Exxon Mobil knowingly made misled investors and consumers about climate change.

The Eastern District Courthouse in Cadman Plaza, Brooklyn

U.S. Not Immune in Suit Over Admiral's Injury at Retirement Fete

By Andrew Denney |

The U.S. government is not shielded from a lawsuit filed by a retired admiral in the New York Naval Militia who was seriously injured while preparing to deliver an invocation at a Coast Guard retirement ceremony, a federal judge ruled.

Bronx Supreme Court

Settling Paternity Case, NY Judge Sides with Child's 'Unorthodox' Petition

By Joel Stashenko |

Seeking to end seven "tortuous" years of uncertainty over the paternity of a 15-year-old, a judge said he was entering an order of filiation for a man who wants to be the girl's father, despite an apparent conflict with New York's Family Court Act.

Sean Stewart leaves federal court on July 15.

Closely Watched Insider Trading Trial to Open

By Jason Grant |

The backdrop to Sean Stewart's insider-trading trial is the 2014 Second Circuit decision that required prosecutors to prove defendants knew a tipster would receive a "consequential" personal benefit.

Debbie Wasserman Schultz, D-Fla., speaks during a Florida delegation breakfast, Monday, July 25, 2016, in Philadelphia, during the first day of the DNC. (AP Photo/Matt Slocum)

Perkins Coie Lawyer's Advice Helped Spark Democratic Divisions

Perkins Coie's Marc Elias, who has juggled legal roles for both the Hillary Clinton presidential campaign and the Democratic National Committee, saw the intersecting interests of both clients unexpectedly become public on Friday with the leak of thousands of DNC emails posted by Wikileaks.

Protesters march toward City Hall to demonstrate the police-custody death of Freddie Gray, Thursday, April 30, 2015, in Baltimore.

US Judge in Milwaukee Chastised for Remarks on Urban 'Pathology'

A Wisconsin judge "took a wrong turn" at a sentencing hearing last year by making "irrelevant" comments about crime in American cities, children born out of wedlock, and protests in Baltimore, a federal appeals court ruled last week.

At left, Sheldon Silver and his attorney Steven Molo, and at right, attorney Robert Gage and his client Dean Skelos, leave court in May

Prosecutors Oppose Bail in Silver and Skelos Cases

A recent U.S. Supreme Court ruling reversing the conviction of a former Virginia governor is no reason to let two former top New York legislators remain free pending appeals of their convictions, federal prosecutors on Monday told judges overseeing the cases.

Rules for Low-Cost Energy Providers Are Struck Down

By Joel Stashenko |

A state mandate that independent energy suppliers stop selling natural gas or electricity to some customers unless they meet special conditions has been struck down by a state judge as arbitrary and capricious.

Judge Vacates Deal Accepted by Unrepresented Tenant

By Sarah Betancourt |

Brooklyn Housing Court Judge Marc Finkelstein vacated a stipulation of settlement between REDF Equities and at least five tenants, at least one of whom was unrepresented when he agreed to leave his apartment in a month after he had been locked out.

Chief Judge Janet DiFiore, center, joins a majority of the Catalyst Public Interest Fellows at a luncheon in June. Joining them are Dennis Glazer, fourth from left, a retired partner at Davis Polk & Wardwell who created the program with DiFiore, his wife; former Appellate Division Justice Robert Spolzino, fifth from left, the administrator of the Catalyst Program and John Aisello, second from right, clerk of the Court of Appeals..  . .Photo credit: Lisa Bohannon , Senior Court Analyst at the Court of Appeals.

DiFiore Campaign Funds Underwrite Law Internships

By Sarah Betancourt |

Donors who gave thousands of dollars to back the reelection of Janet DiFiore as Westchester County district attorney in November instead are funding internships for law students.

Bancroft's Paul Clement

Eminent Appellate Lawyer Replaces Another at Circuit

By Marcia Coyle |

After former U.S. solicitor general Theodore Olson and his team were removed from New York financier Lynn Tilton's challenge to the U.S. Securities and Exchange Commission, she lost little time in finding another top appellate practitioner with U.S. Supreme Court bona fides to represent her.

Lawyer Resigns From Bar Amid Misconduct Charges

By Jason Grant |

A Manhattan-based appeals court has accepted the resignation of a lawyer who faced nearly 30 charges of professional misconduct, including making false statements to a tribunal. The lawyer also admitted to making threats to opposing counsel, the court said.

Tax Bill Soars With Finding Of Executive’s Residence

By Joel Stashenko |

An administrative law judge determined that the publisher of Elite Traveler magazine failed to prove that he was away from New York more than he was in the state during a calendar year, making him a resident for state and New York City income tax purposes.

Clinton Running Mate Found Early Success Fighting Housing Loan Bias

By Jennifer Henderson |

Hillary Clinton’s choice for presidential running mate, Virginia Sen. Tim Kaine, is a Harvard Law grad who cut his teeth as a young lawyer fighting for fair housing issues, winning a $100 million jury verdict against Nationwide Insurance over allegedly discriminatory lending practices.

Keep Monitor's Report Secret, US and HSBC Urge Circuit

By Rebekah Mintzer |

Prosecutors and big banks may often disagree, but the U.S. Department of Justice and HSBC Bank have found common ground in urging a federal appeals court to keep private a report from a corporate monitor assigned to oversee the bank’s compliance with anti-money laundering and sanctions laws.

Katherine Forrest.

Judge Dampens Hopes For Easing Pollard’s Parole

A U.S. judge warned a convicted Israeli spy on Friday that she had only “limited” authority to help him overcome parole conditions preventing him from taking a financial industry job.

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

Former Reed Smith Partner's Hire DQs New Firm From IP Suit

By Christine Simmons |

In a decision highlighting a risk of lateral hiring, a federal judge has disqualified an entire law firm in copyright litigation after finding an ethical wall separating a former Reed Smith partner from the rest of his new firm was not sufficient to guard against confidence sharing.

Travis Kalanick, CEO and co-founder of Uber Technologies Inc.

Uber, CEO Can't Use Info Gathered by PI Against Class Action Plaintiff, Lawyer

By Andrew Denney |

A federal judge has enjoined Uber and CEO Travis Kalanick from using information gathered by a private investigator he hired to dig into the backgrounds of a plaintiff and lawyer in a class action lawsuit.

Susan-Philips_read and William Donnino

Chairs Named for New Panel on Evidence Law

By Joel Stashenko |

Former state Court of Appeals Judge Susan Phillips Read and Nassau County Supreme Court Justice William Donnino have been named co-chairs of a panel that will compile a guide to evidence law in New York state.

Denial of Concealed Carry Permit for Ex-Trooper Is Upheld

By Joel Stashenko |

An appeals court upheld the state police's refusal to issue a former 25-year veteran a retirement card entitling him to a permit to carry a concealed weapon.

Peter Falk

'Falk's Law' to Strengthen Requirements for Guardians

By Joel Stashenko |

New obligations have been added to the responsibilities of people appointed in New York as the legal guardians of others due to their incapacitation.

New Foreclosure Law in NY Boosts Consumer Protection

By Joel Stashenko |

A new law in New York will require that foreclosed-on properties not be allowed to lie vacant for long and that more protections be built into the foreclosure process for consumers.

Investment Bank's Malpractice Suit Against MoFo Dismissed

By Christine Simmons |

A judge has dismissed an investment bank’s malpractice suit against Morrison & Foerster claiming the law firm failed to conduct due diligence that would have uncovered fraud in a public offering.

Worldview Entertainment at 1384 Broadway

Panel Upholds Claim for Breach in 'Birdman' Suit

By Jason Grant |

An investor and and former Worldview Entertainment executive can move forward with multimillion dollar claims for breach of contract and loss of an executive producer credit on the film "Birdman," a Manhattan appeals court has ruled.

Seeking to Dam Merger Wave, U.S. Suits Challenge Health Care Deals

The U.S. Department of Justice brought a pair of blockbuster antitrust cases Thursday against proposed multibillion-dollar acquisitions in the health insurance industry, setting up a major litigation clash in Washington as the Obama administration winds down.

New York City Bar Association, 42 W 44th St.7-22-2016

Bar Associations in New York Call for Diversity CLE

By Andrew Denney |

The New York City Bar Association and a coalition of bar groups for women and minorities are calling on the state court system to create new requirement for attorneys to take courses in diversity and inclusion as part of its biennial registration.

Big Law Firms Play Cameos in ‘Wolf of Wall Street’ Forfeiture Case

By By Zoe Tillman |

Several major law firms handled funds stolen in a billion-dollar global money laundering scheme, according to federal prosecutors—money that was used to finance the 2013 film “The Wolf of Wall Street” and pay for real estate, art, a $35 million private jet, and other luxuries.

Taylor Swift, left, arriving at the 2016 Grammy Awards. Kanye West and Kim Kardashian, right, arriving at the 2015 MTV Video Music Awards.

Kim Kardashian vs. Taylor Swift: The Legal Implications of the Snapchat Recording

On Sunday, Kim Kardashian West posted a recording of a conversation on Snapchat between her husband Kanye West and Taylor Swift that was allegedly recorded without Swift’s consent — a potential violation of California state law requiring both parties to consent to the recording of communications.

Eric Schneiderman.

AG, Utica Schools Settle Dispute Over Immigrants

By Joel Stashenko |

State Attorney General Eric Schneiderman and Utica public school officials have settled a suit in which the state claimed some immigrant children in the city were not given a fair opportunity to get diplomas.

<b>FILED:</b> Quinn Emanuel’s Sheila Birnbaum brought State Farm’s case to the high court.

Birnbaum Steps Down As 9/11 Fund Master

By Joel Stashenko |

Sheila Birnbaum, special master of the September 11th Victim Compensation Fund, said Thursday she will step down by the end of the month.

Susan Estrich, of Quinn Emanuel, and Fox News chief Roger Ailes (Wikimedia).

Ailes Resigns From Fox News Amid Furor Over Carlson Suit

By Charles Toutant |

Roger Ailes, the Fox News chairman and CEO, has resigned from his post, effective immediately, the network's parent company announced Thursday.

Gary Greenwald, attorney for accused madame Anna Gristina sits in Manhattan Criminal Court on Thursday March 15, 2012 for a hearing on weather Gristina's former attorney Peter Gleason can use his apartment as collateral for bail for Gristina...031512..031512

Obituary: Gary Greenwald

Gary Greenwald, an Orange County-based attorney who represented clients in cases ranging from medical malpractice to libel and attorney discipline, died on July 21. He was 71.

The Rikers Island complex consists of ten jails.

NYC to Move Teens Off Rikers Island Jail Complex

New York City officials say 16- and 17-year-old inmates will be moved off the troubled Rikers Island jail complex and into a Bronx youth facility.

Justice Moulton

Theft Can’t Block Hiring of Bus Attendant, Judge Says

By Jason Grant |

A Manhattan Supreme Court judge has ruled that a woman convicted of theft can be given security clearance to work as a city school bus attendant because there was not enough of a tie in between her criminal record and the job she would be performing.

Claims Stick in N.Y. Man's Suit Alleging Sexual Degradation

By Joel Stashenko |

A federal judge on July 19 kept alive several claims brought by a bus mechanic who contends he was sexually degraded by his co-workers in an incident later posted online.

Jonathan Lippman

Lippman to Receive First Judicial Leadership Award

By Joel Stashenko |

Jonathan Lippman will be the first recipient of an award from a coalition of judicial groups in recognition of his work in New York while serving as chief judge and chief administrative judge.

Richard Lerner, left, and Frederick Oberlander.

Lawyers Again Seek to Snare Firms and Trump With Claims

By Christine Simmons |

Several law firms are again being sued alongside real estate development firm Bayrock and its associates in a lawsuit alleging a series of state tax frauds, according to a newly unsealed lawsuit in Manhattan Supreme Court.

Circuit: Robbery Under NY Law Not a 'Crime of Violence'

By Andrew Denney |

A conviction of first-degree robbery in New York is not necessarily a "crime of violence" as the term is defined by federal sentencing guidelines, an appeals court said in ordering resentencing for a man deemed a career offender after he bit a federal marshal's finger.

Court Reopens 1989 'Batman' Murder to Probe Brady Issue

By Jason Grant |

A state appeals court has ordered a hearing in a decades-old murder case to determine whether a Bronx prosecutor wrongfully held back information that a witness had struck a deal with federal prosecutors before he testified.