This Weeks News

Lynn Tilton arrives for a hearing at the Southern District courthouse in 2015.

Trial Kicks Off in SEC Fraud Case Against Financier Lynn Tilton

By Mark Hamblett |

An attorney for Lynn Tilton told Administrative Law Judge Carol Fox Foelak that major Wall Street "sharks" went in with their eyes wide open in investing in three collateralized loan obligations run by Tilton and her Patriarch Partners group, now accused of fraud by the Securities and Exchange Commission.

Judge Tosses $35M Malpractice Claim Against Skadden

By Christine Simmons |

Manhattan Acting Supreme Court Justice Barry Ostrager ruled the lawsuit was time-barred, noting the transactions at issue occurred under a two-year, not a three-year, statute of limitations.

David Sanford of Sanford Heisler, LLP

Plaintiffs Lawyers May Struggle to Cash In on Pay Equity Suits

By Roy Strom |

When David Sanford earned a record $250 million jury verdict for a sex discrimination and gender pay class-action in 2010, he made more than history. He outlined a business plan for a practice many lawyers say can be a difficult business: Taking on the gender pay gap.

Surrounded by leaders like House Speaker Nancy Pelosi and Secretary of State Hillary Clinton, and with the new law’s namesake, Lilly Ledbetter, at his side, President Barack Obama signs into law the Lilly Ledbetter Fair Pay Act on January 29, 2009.

Obama Administration Champions Pay Equity, But Some Allege Overreach

By Rebekah Mintzer |

Since President Barack Obama signed the Lilly Ledbetter Fair Pay Act, which lengthened the statute of limitations for plaintiffs to file lawsuits alleging pay discrimination, he and executive branch regulatory agencies have focused on ensuring that men and women are paid equally.

Fiber Optic Cable Different From Utility Lines for Tax Assessment, Panel Finds

By Joel Stashenko |

The Third Department overturned a finding by a trial court judge who in 2015 sided with seven municipalities and their tax assessments on fiber optic cable installations made by Level 3 Communications on private rights-of-way.

States Aim to Give Teeth to National Pay Equity Measure

By Rebekah Mintzer |

It has been nearly 20 years since the Paycheck Fairness Act, meant to remedy pay inequality between men and women in the workplace, was first introduced in Congress. Since then, this legislation has been reintroduced and failed to pass over and over. With the federal legislation languishing, equal-pay advocates and politicians have turned to statehouses across the country to get equal-pay laws passed.

How AT&T's $85B Time Warner Deal Could Pass Regulatory Scrutiny

By C. Ryan Barber and Rebekah Mintzer |

AT&T Inc.’s proposed $85 billion purchase of Time Warner Inc. will face intense regulatory scrutiny from antitrust enforcers, members of Congress and consumer advocates. But, even in an aggressive antitrust climate, the deal could still find a path to regulatory approval.

Larceny Charge Against Lawyer Tossed in Case Over Removal of Surveillance Camera

By Andrew Denney |

A petit larceny charge against public interest lawyer Arthur Schwartz, who was hit with the charge last year after he removed surveillance cameras from outside of his client's apartment, was dismissed on Monday with the attorney agreeing to make restitution of $720.

William Hochul, Jr.

Hochul to Be GC of Sports Entertainment Company

By Joel Stashenko |

Western District U.S. Attorney William Hochul Jr. will become general counsel of the corporation that owns the Boston Bruins hockey team when he retires, the entertainment and hospitality group Delaware North Companies announced Monday.

Sentence for Violating Monitoring Found Improper

By Joel Stashenko |

An appeals court said a man was improperly sentenced when he could not pay the fee for a court-ordered monitoring device following his felony drunken-driving conviction.

Newburgh, NY

Court OKs Threat Charge Against Woman Who Implied Violent Response to Housing Decision

By Andrew Denney |

An Orange County judge said prosecutors may charge a woman who sued the Newburgh Housing Authority with making a terroristic threat for implying to an attorney for the housing authority that she would kill people in a church unless there was a settlement in the case.

State University of New York at Plattsburgh

Panel to Hear Student's Claim of False Expulsion

By Joel Stashenko |

An appeals court's intervention is needed to determine the fairness of a student's dismissal from a State University of New York campus for alleged unwanted sexual contact with another student, a Supreme Court justice decided.

Former state Attorney General Kathleen Kane leaves in handcuffs after her sentencing at the Montgomery County Courthouse in Norristown, Pennsylvania, on Oct. 24, 2016. Kane is sentenced to 10-to-23 months in county prison and eight years probation.

Ex-Attorney General Gets Jail in Pennsylvania Case

Kathleen Kane, Pennsylvania's former attorney general, has been sentenced to 10 to 23 months in jail and eight years of probation for perjury, official oppression and related charges, after a jury found that she was guilty of deliberately leaking secret investigative information, then lying about it under oath.

U.S. Federal Trade Commission building

Judge Smacks Down FTC for Venue Shopping

By P.J. D'Annunzio |

A federal judge in Pennsylvania admonished the Federal Trade Commission for threatening to "pick up its marbles" and go elsewhere for not getting the desired ruling in a reverse payment case involving painkillers.

The Bermuda Form: Declaring an Integrated Occurrence (or Not)

By Jared Zola and Lisa M. Campisi |

Jared Zola and Lisa M. Campisi of Blank Rome write: The decision to declare an integrated occurrence is frequently not without risk. Policyholders must therefore be attentive to not only policy language and claims analysis, but also case specific risk-based subjective inquiry and business judgment.

Airbnb Files Lawsuit After Cuomo Signs Bill Imposing Fines for Ads

By Joel Stashenko |

Home-sharing service Airbnb has filed a lawsuit in the Southern District after Governor Cuomo signed a bill Oct. 21 imposing high fines on users who advertise rentals on home-sharing sites that can't be legally rented under NY state and NYC laws.

Former Dewey & LeBoeuf finance director Francis Canellas outside the firm's Manhattan offices in May 2012.

Cooperator in Dewey Case Admits to Lesser Charge

By Nell Gluckman |

With a retrial looming for Dewey's former leaders, a key prosecution witness has reached a new plea agreement that could help reduce his sentence.

City Bar Groups Wary of Proposed 18B Change

By Jeff Storey |

Right now, most indigent homicide defendants in New York City are defended by individual attorneys who are vetted by appellate court committees and appointed by trial judges. Starting in July, the city apparently plans to give institutional providers first crack at the homicide cases.

Court Urged to Reject 'Blanket Sealing' of Monitor's Report in HSBC Case

A Second Circuit panel was urged Thursday to allow the public to read a 1,000-page report from the compliance monitor who is overseeing a deferred-prosecution agreement between HSBC Bank USA and the U.S. Justice Department.

Anthony Scarpino Jr., left, and Bruce Bendish

Debate May Break Quiet in Race to Become New Westchester DA

By Andrew Denney |

Westchester voters are set to choose a new district attorney in the general election Nov. 8, and what has been a quiet race may be reshaped by two upcoming televised debates.

Protesters outside the U.S. Supreme Court on the day the Court heard arguments for Bush v. Gore. Dec. 11, 2000.

'Bush v. Gore' Lawyers Sound Off on Trump's Debate Comments

By Zoe Tillman |

Donald Trump supporters went on defense after the debate where he said he would keep the country "in suspense" about whether he'd accept the results of the election, comparing his stance to Gore's decision to contest the results in Florida in 2000. In interviews with, lawyers involved in 'Bush v. Gore' had mixed reactions to the comparison.

FCC, Industry Groups Spar Over Robocall Regulations in DC Circuit

The Federal Communications Commission defended its "robocall" regulations Wednesday against tough questions from a Washington appeals panel, which appeared sympathetic at times to arguments from companies that the rules extend too far and open a door to class actions.

Justices Sonia Sotomayor and Ruth Bader Ginsburg

Ginsburg, Sotomayor to Join Circuit Anniversary Event

U.S. Supreme Court Justices Ruth Bader Ginsburg and Sonia Sotomayor will sit with the judges of the U.S. Court of Appeals for the Second Circuit Wednesday in a special session to commemorate the circuit's 125th anniversary.

Tighter Bar-Pass Rule Adopted by ABA Accrediting Body

By Karen Sloan |

The American Bar Association body that accredits law schools voted on Friday to tighten the bar exam-passage standard that schools must meet in order to get the organization’s accreditation blessing.

Sketch of the costume that Ruth Bader Ginsburg will wear in her role as The Dutchess of Krakenthorp on Nov. 12 in “The Daughter of the Regiment.”

Though Not the Diva, Justice Ginsburg Snags Juicy Part in Opera

By Angela Morris |

U.S. Supreme Court Justice Ruth Bader Ginsburg—a passionate, lifelong opera fan—will have a speaking part as The Duchess of Krakenthorp in the Nov. 12 opening night of "The Daughter of the Regiment," presented by the Washington National Opera.

David Frederick, left, and Stephen Tillery, right.

US Agency Paid Two Firms Over $1 Billion in Battle With Banks

Kellogg Huber Hansen Todd Evans & Figel and Korein Tillery together earned more than $1 billion for helping the National Credit Union Administration pursue many of the world's largest banks over their roles in the subprime mortgage meltdown, the NCUA said Thursday.

Attorney John Carman, left, Nassau County Executive Edward Mangano, right, and his wife, Linda, leave arraignment at federal court in Central Islip.

Nassau County Executive Indicted in Alleged Kickback Scheme

By Andrew Denney |

Nassau County Executive Edward Mangano was indicted on Thursday alongside Town of Oyster Bay Supervisor John Venditto on bribery charges related to a kickback scheme with a local restaurateur and a no-show job for Mangano's wife, who was also indicted, the U.S. Attorney for the Eastern District of New York has announced.

Gov. Cuomo Gets an Earful as He Decides on Bill Restricting Home-Sharing Rental Advertising

By Joel Stashenko |

Home-sharing service Airbnb and its critics are trying to influence the governor with last-minute comments as he decides whether to approve or veto a bill imposing stiff penalties for advertising units that aren't legally available for short-term rentals under New York state and city laws.

Frances Robles of The New York Times

New York Times Reporter Won't Have to Testify in 'Baby Hope' Murder Trial

By Jason Grant |

A state appeals court found the prosecution failed to provide evidence to overcome qualified protections afforded to journalists and their sources.

From left, Appellate Division, First Department, Justices Rolando Acosta, Rosalyn Richter and Troy Webber, who are seeking new Supreme Court terms next month.

Most Supreme Court Candidates Are Already Assured of Election Day Success

By Joel Stashenko |

Of the 37 open state Supreme Court judgeships, 30 are races where major-party candidates—typically, Democrats in New York City or Republicans outside the city—have been cross-endorsed by the other party or face no major-party opponent.

Dementia Dilemma: When Older Partners Pose a Liability

By Angela Morris |

He's a senior partner at the firm—an accomplished, 50-year attorney and beloved mentor—who has begun to arrive late for court. He forgets key facts in cases. He dresses a little sloppily. He's frequently impatient and quick to anger. It's a scenario that's becoming more common as baby boomers enter retirement age.

Charles Koch speaks in his office at Koch Industries in Wichita, Kansas.

Koch Foundation's Law School Gifts Received With Open Arms

By Karen Sloan |

The legal academy has found a generous new benefactor in the Charles Koch Foundation, which has awarded nearly $17 million to four law schools since April and appears to be newly focused on harnessing legal educators to further research in several areas, including free-market economics and criminal justice reform.

Federal Regulators Propose Tougher Cybersecurity Standards for Big Banks

By Melanie Waddell |

U.S. banking regulators on Wednesday unveiled a proposal to enhance cybersecurity risk-management and resilience standards for the largest banks and their interconnected entities.

Republican presidential nominee Donald Trump debates with Democratic presidential nominee Hillary Clinton during the third presidential debate at UNLV in Las Vegas, Wednesday, Oct. 19, 2016.

Trump Predicts Roe v. Wade Falls 'Automatically' If He Makes SCOTUS Picks

By Marcia Coyle |

The final presidential debate Wednesday night left unanswered a raft of questions about the future of the U.S. Supreme Court, including the fate of nominee Merrick Garland, and instead focused on the candidates' well-versed positions on guns and abortion.

Court of Appeals Affirms Removal of Town and Village Justice

By Joel Stashenko |

New York's highest court unanimously ruled Oct. 20 that Alan Simon, justice of Spring Valley Vintage Court and Ramapo Town Court in Rockland County, was properly removed from office for displaying injudicious temperament.

AG Declines to Probe NYPD Fatal Shooting of Woman

State Attorney General Eric Schneiderman said his office doesn't have jurisdiction to investigate the fatal police shooting of a mentally ill 66-year-old woman in New York City.

Uber sticker on a parked car on Capitol Hill in Washington, D.C.

Uber Loses Drive to Block NLRB's National Subpoenas

A federal magistrate judge in California on Wednesday granted the National Labor Relations Board permission to issue nationwide subpoenas to investigate whether Uber drivers who brought complaints against the ride-hailing company are statutory employees with the ability to sue under the National Labor Relations Act.

FCC Hits T-Mobile for $48M Over 'Unlimited' Data Plans

For the second time in two years, federal regulators have hit a major broadband provider for tens of millions of dollars over alleged deceptive practices about "unlimited" data plans.

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

First Department to Hold Call of Dismissal Calendars

The call of the calendars required by Section 600.12(c) of the Rules of Practice of the Appellate Division, First Department, will be held on Oct. 27.

Sanctuary Honors Pro Bono Work

Sanctuary for Families board president William Gorin and executive director Judy Harris Kluger honored more than 30 attorneys from nine law firms Wednesday at the 2016 Above & Beyond Pro Bono Awards ceremony.

Debate Over Suspect's Mental Fitness Opens Retrial in Patz Case

By Jason Grant |

The prosecution's argument hinges on a videotaped confession in a case with no DNA or witnesses.

Brooklyn Acting District Attorney Eric Gonzalez

Gonzalez Vows to Continue Thompson Initiatives

By Andrew Denney |

Acting Brooklyn DA Eric Gonzalez has made clear he will continue the policies of the late DA Kenneth Thompson, his former boss.

R.E. Ginna power plant in Ontario, Wayne County

Suit Claims New York Subsidy Plan for Nuclear Power Generators Is Illegal

By Joel Stashenko |

Non-nuclear power generators filed suit in federal court for the Southern District Oct. 19 alleging that a plan by the Cuomo administration to subsidize nuclear power in the state through a Zero Emission Credit program is illegal.

World Wrestling Entertainment Inc. corporate headquarters, Stamford, Conn.

Attorney Accused of Copying NFL Concussion Complaint in Suit Against WWE

By Scott Graham |

The copying is so obvious, K&L Gates partner Jerry McDevitt says in his motion to impose Rule 11 sanctions on the wrestlers' attorneys, that the wrestlers alleged that former Pittsburgh Steeler Mike Webster sustained "repeated and disabling head impacts while a wrestler for the Steelers."

Seoul, South Korea.

Latham Granted License to Open Office in South Korea

Latham & Watkins has received a license from the Korean Ministry of Justice to open a foreign legal consultant office in Seoul.

From left, Cindy L. Shields, Keith Seppi, and Donna Seppi, all of Conneaut, Ohio.

2nd Defendant Admits Guilt in Bomb Attack on NY Guard

By Associated Press/Joel Stashenko |

A woman has joined her husband in pleading guilty to charges stemming from an explosion that injured a New York state prison guard outside his home.

Fordham Law School

Fordham Launches Effort to Promote Access to Justice

By Karen Sloan |

Judges from along the Eastern seaboard convene at Fordham University School of Law Wednesday night for a discussion on the intersection between civil and criminal access to justice and how to better handle the overlapping deficiencies in both systems.

Fortune Society Honors

The Fortune Society, a nonprofit offering services to formerly incarcerated men and women, celebrated its 50th anniversary at its 2016 Annual Fall Benefit, which raised $530,000.

Court-Appointed Examiners to Receive Higher Fees

By Joel Stashenko |

The judges of the Appellate Division, Third Department, have approved higher fees for examiners appointed to review the annual reports required of guardians, committees or conservators in New York.

Marc Kasowitz

Real Estate Company Sues Over Competitor's Poaching

By Jason Grant |

New York City brokerage firm Douglas Elliman is accusing two of its former top real estate agents and a competing firm of using "not subtle" tactics to poach real estate agents, violating a nonsolicitation agreement, and for tortious interference with contract.

The Turtles performing

Judges Discuss Reach of NY Law in Turtles' Copyright Battle

By Joel Stashenko |

Members of New York's highest court on Tuesday wrestled with whether state common law protects against the public performance of pre-1972 music without paying the artists who hold the copyrights.

A Hasidic woman walks with her children in Kiryas Joel.

Annexation Upheld in Bitter Battle Over Hasidic Village's Growth

By Jeff Storey |

A state judge has upheld approval of an annexation bid that would allow an insular ultra-Orthodox Jewish village to greatly expand, an action opponents fear would attract a flood of new residents and overwhelm the rural character of the surrounding area.

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

Rights of Nonparty, Nonwitnesses Factored in Law Firm's Disqualification

By Mark Hamblett |

In barring Baker & Hostetler from defending real estate companies accused of laundering the proceeds of a $230 million fraud on the Russian Treasury, the Second Circuit Monday addressed the standard for disqualification in a new context: a motion to disqualify made by a nonparty, nonwitness.

Melania Trump, wife of Republican presidential candidate Donald Trump, speaks at the Republican National Convention in Cleveland, July 18, 2016.

In Melania Trump Suit, Journalist Invokes Maryland's Anti-SLAPP Law

By Zoe Tillman |

Webster Tarpley, who runs an eponymous news website, faced Trump's ire after he published an article reciting rumors about her past work as a model, including that she may have worked as an escort—an allegation she denies. She sued Tarpley last month, along with the British tabloid the Daily Mail, which published similar claims.

'Emergency Doctrine' Applied to Life of Animal

By Joel Stashenko |

The "emergency doctrine" exception to unreasonable searches under the Fourth Amendment applies when the "life" that law enforcement officers are acting to protect is that of an animal, and not just a human, a town justice ruled.

Brooklyn Law School

Brooklyn Law to Hold Criminal Law Program

An all-day program on criminal law, procedure and ethics will be held on Oct. 29 at Brooklyn Law School to honor Robert Pitler, a professor at the school from 1988 until his death last year.

Voters scan their ballots on election day in Albany in November 2014.

AG Asks Poll Workers to Be Trained on Affidavit Ballots

By Joel Stashenko |

In a letter Monday to the four state election commissioners, Attorney General Eric Schneiderman said a survey by his office showed inconsistent written rules and training by county boards of elections.

Donald Trump

Trump Foundation Stops State Fundraising, AG Says

Republican presidential nominee Donald Trump's charitable foundation has said it has stopped fundraising in New York as it prepares financial reports, according to the state attorney general's office.

On the Move

Kramer Levin, Covington & Burling and White & Case announce promotions, while other firms and the Bronx District Attorney's Office announce new additions.

Feerick Center Awards

Fordham University School of Law’s Feerick Center for Social Justice celebrated its 10th anniversary as well as the 80th birthday of its founder, John Feerick, on Monday at Mutual of America. Awards were given for careers dedicated to service.