This Weeks News

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

Judge May Vacate Previously Granted Arbitration Award, Panel Rules

By Andrew Denney |

A federal judge in New York had the discretion to vacate a previously approved confirmation of a $57 million arbitration award against the government of Laos after the award was tossed out by a foreign court, an appeals court ruled.

New York State Capitol in Albany

Tort-Reform Group Champions Bill to Regulate Certain Litigation Funders

By Josefa Velasquez |

A tort-reform business group is pushing for a bill that would regulate the third-party consumer litigation funding industry in New York state, despite the end of the legislative session for the year.

Judge Cogan

Judge Tosses 'Unreasonable' Copyright Suit Over African Cookbook

By Jason Grant |

"No reasonable copyright attorney, or even an attorney who had devoted 20 minutes to legal research, would have filed this complaint," Eastern District Judge Brian Cogan wrote in awarding attorney fees and costs to the defendant.

From left: Amy Barasch, Executive Director of Her Justice, honoree Bárbara Santisteban, and Susanna Saul, Managing Attorney of Her Justice.

Attorney's Pro Bono Immigration Work Lauded

Jones Day associate Bárbara Santisteban received the 2017 Champion for Justice Award from Her Justice, a legal organization that helps impoverished and abused women and children.

Types of College Grads Nailing the LSAT Aren't Keen on Law School

By Karen Sloan |

Call it the LSAT disconnect. Although college grads with majors in science, technology, engineering and math tend to score high on the law school entrance exam, those taking the test and applying most often have majors in the social sciences and "helping" professions that typically score lower, according to recent studies.

Jack Quinn, left, and Steve Israel

Ex-Congressmen Join Barclay Damon, Meltzer

By Christine Simmons |

Two New York law firms have brought on former U.S. congressmen for new adviser roles.

LI Lawyer Accused of Aiding Securities Fraud Scheme

By B. Colby Hamilton |

A West Hempstead-based lawyer was charged in a securities fraud case that has led the U.S. Attorney's Office for the Southern District of Florida to convict six other alleged co-conspirators.

Workers harvesting crops in Orange County

Court Hears Arguments on Unionizing Farmworkers

By Josefa Velasquez |

The Farm Bureau argued before Albany Supreme Court Justice Richard McNally on Thursday that allowing roughly 60,000 farm workers to unionize would devastate New York farms, where work days are dictated largely by weather conditions, while a NYCLU attorney argued that the state constitution permits all workers to organize.

Recognition for Lawyers

The International Institute for Conflict Prevention and Resolution has added new board members George A. Bermann, Janet Langford Carrig and Richard S. Krumholz; Thomas J. Foley has been elected dean of the Nassau Academy of Law, the educational arm of the Nassau County Bar Association; and more.

Ashley Madison website

Ashley Madison Class Accord Raises Question: How Do You Find Claimants Who Don't Want to Be Found?

By Amanda Bronstad |

The settlement over Ashley Madison's data breach presents a unique conundrum: How do you send out notices to class members who don't exactly want to be found?

Correction

Circuit Puts Fifth Amendment Front and Center in Libor Conviction Reversal

By B. Colby Hamilton |

Two former U.K.-based traders convicted for their involvement in the London Interbank Offered Rate exchange scandal saw the Second Circuit toss their entire case Wednesday, including indictments.

Joel Sanders, former CFO of Dewey & LeBoeuf, speaks to an unidentified woman outside the courtroom after he was found guilty Monday.

Dewey Exec, SEC in Talks to Settle Suit Tied to Firm's Collapse

By Christine Simmons |

The SEC wrote to Southern District Judge Valerie Caproni on Tuesday, indicating a possible deal with Dewey & LeBoeuf executive Joel Sanders, who was convicted in May of scheming to defraud investors in his former firm.

The towers of the Detroit Renaissance Center, the world headquarters of the General Motors Corporation in Detroit, Michigan.

GM Gains Defense Verdict in NY Ignition Switch Case

By Andrew Denney |

The latest bellwether trial in the General Motors ignition switch litigation has gone in the automaker's favor, after a verdict was handed up in a Manhattan federal courtroom.

hands on keyboard

Bill Seeks Criminal, Civil Liability for Posting Judges' Info

By Michael Booth |

A trio of New Jersey lawyer-lawmakers are sponsoring legislation that would prohibit anyone from publishing or posting certain contact information for judges, both active and retired, or prosecutors.

Eric Holder, Covington & Burling

Holder Will Meet With NY Minority Lawmakers for Airbnb

By Josefa Velasquez |

Former U.S. Attorney General Eric Holder is scheduled to meet with members of the state Black, Puerto Rican, Hispanic and Asian Legislative Caucus Friday to discuss the controversial home-sharing service's anti-discrimination efforts.

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

Asbestos Case Management Rules Delayed by Court

By Andrew Denney |

Implementation of the vast majority of provisions in a new case management order for the New York City Asbestos Litigation docket have been stayed pending a review by a Manhattan appeals court.

Charles Miller

Kasowitz Partner Leaves to Run Practice Group at Tarter Krinsky

By Christine Simmons |

Charles Miller, who practiced for 11 years at Kasowitz Benson Torres, has moved to Tarter Krinsky & Drogin, where he will lead the midsize firm's new securities and financial services litigation group.

Quinn Emanuel Urquhart & Sullivan offices in Washington, D.C. September 14, 2016. Photo by Diego M. Radzinschi/ALM

Ex-Secretary Accuses Quinn Emanuel of Racial Discrimination

By Roy Strom |

A former floating secretary who left the elite trial firm in 2015 claims he was subjected to racial slurs by a trial logistics director during the high-profile 2014 patent trial of Apple v. Samsung.

Attorney Disbarred for Role in Immigration Scheme

By Jason Grant |

A New York lawyer who supervised and participated in drafting false asylum applications for Chinese immigrants has been disbarred by the Appellate Division, First Department.

Lawsuit Claims Uber Biased Against Wheelchair Riders

The suit filed by by Disability Rights Advocates said that although Uber offers wheelchair-accessible vehicles through its UberWAV service, they account for fewer than 100 of the 58,000 Uber vehicles dispatched in New York City.

Sen. Robert Menendez (D-New Jersey) at a Senate Banking Committee hearing addressing the scandal relating to Wells Fargo's opening of fake bank accounts without customer knowledge, on Sept. 20, 2016. Photo: Diego M. Radzinschi/ALM

Menendez Hopes Silver Ruling Will Bring Him Good Fortune

By Charles Toutant |

U.S. Sen. Robert Menendez has filed a new motion to dismiss his corruption charges, finding hope in last week's appellate ruling reversing the bribery conviction of former New York Assembly Speaker Sheldon Silver.

UK Regulator Hits White & Case With Record Fine

By James Booth |

White & Case has been fined a record £250,000 ($325,700) by the U.K.'s Solicitors Disciplinary Tribunal for failing to identify a conflict of interest and protect confidential financial information in a $2.6 billion dispute involving Ukrainian oligarch Victor Pinchuk.

Law Schools Are Losing Smart Applicants. How Do They Lure Them Back?

By Karen Sloan |

Law school has lost its allure. Enrollment at American Bar Association-accredited law schools has plummeted 25 percent since 2010 and several law schools have or soon will close up shop for lack of demand.

Asbestos fibers

NY Judge Rejects Delay in Implementation of New Asbestos Docket Rules

By Andrew Denney |

A state judge in Manhattan denied a motion on Tuesday by attorneys from the asbestos defense bar to block implementation of a new case management order for the New York City Asbestos Litigation docket set to take effect on Thursday.

Greenberg Traurig sign

Greenberg Traurig Faces Bankruptcy Client's Wrath in Malpractice Fight

By Christine Simmons |

A lawsuit against the firm by ex-client NextEra Energy is the latest in what appears to be a growing wave of bankruptcy-related malpractice cases facing law firms.

New York Life Building at 51 Madison Ave.

Panel Weighs In on Contractual Arbitration Before SCOTUS Ruling

By Jason Grant |

A Manhattan appeals court on Tuesday decided that a former insurance company agent cannot be forced to arbitrate with her employer despite her contract's arbitration provision, an issue the U.S. Supreme Court is set to decide in in a matter of months, leaving some lawyers wondering why the First Department weighed in at all.

Steven Molo

Steven Molo Reflects on Silver Reversal in Wake of 'McDonnell'

By B. Colby Hamilton |

In the wake of the circuit's reversal in 'Silver', MoloLamken name attorney Steven Molo and his team were praised by the bar for having the foresight to anticipate 'McDonnell', which the Supreme Court agreed to review during, but not before the end of, Silver's trial.

Protesters gather outside the U.S. Supreme Court on the day of <i>King v. Burwell</i> arguments.

Protect the Justices From 'Drama-Filled' Speeches, DOJ Asserts in Protesters' Case

By Tony Mauro |

Five protesters who disrupted a U.S. Supreme Court session with shouts and songs in 2015 should be sentenced to prison time and barred from the grounds of the court for a year, government lawyers said in court filings Monday.

U.S. District Judge Colleen Kollar-Kotelly

Judge Declines to Open Up Trump Voting Commission Meeting

By Cogan Schneier |

The commission will hold its first meeting, via livestream, Wednesday.

Brooklyn Borough President Eric Adams

Officials Urge State Panel on Wrongful Convictions

A top Brooklyn politician pressed the state Tuesday to set up a special commission to investigate wrongful convictions and pinpoint the problems—and people—to blame.

Brooklyn Housing Court

Applicants for Housing Court Judgeships Sought

The Advisory Council for the Housing Part of New York City's Civil Court is soliciting applications for Housing Court judges.

Infringement Suit Over 'Rastafarian' Photo Clears Hurdle

By Andrew Denney |

A Manhattan judge has extinguished a motion by a well-known "appropriation artist" to dismiss an infringement lawsuit filed against him by a photographer who says his photo “Rastafarian Smoking a Joint” was bogarted for one of the artist’s works without permission.

Carolyn Reers

JPMorgan Lawyer Joins Norton Rose Fulbright Partnership After Chadbourne Deal

By Miriam Rozen |

Carolyn Reers picked an eventful time to move from her in-house position at J.P. Morgan Private Bank to Norton Rose Fulbright.

Circuit Opens Door to Gun Recovery After Order Expires

By Andrew Denney |

A federal appeals court said there is "no clear reason" why a Nassau County woman whose rifles and shotguns were taken away as part of a now-expired order of protection should not receive a hearing to determine if her weapons should be returned.

Nancy Mertzel of Herrick, Feinstein. HANDOUT.

Ex-Herrick IP Leader Launches Own Boutique

By Meghan Tribe |

Nancy Mertzel, chair of the IP group at Herrick, Feinstein since coming aboard in late 2015, has left the firm to start her own New York-based shop called Mertzel Law.

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

Book Publishers Defeat Antitrust Appeals at Circuit

By B. Colby Hamilton |

The suits were filed by independent publishers in response to the Second Circuit's earlier ruling that Apple and five publishing companies, all of whom were party to the current suit, had conspired when they simultaneously switched from a wholesale business model to an agency pricing model, but the court agreed that neither company could attribute its demise to the unlawful conspiracy.

Airbnb Files Ethics Complaint Over Hotel-Backed Lobbying in NY

By Josefa Velasquez |

Airbnb filed a formal complaint Monday with New York state's ethics panel against a hotel industry-backed group for allegedly failing to register as a lobbyist, to disclose how it is funded and to report lobbying expenses or file the necessary lobbying reports.

King & Spalding Picks Up IP Partner Pair From Stroock

By Christine Simmons |

An IP litigation duo is the latest to break away from Stroock & Stroock & Lavan in New York.

Damon Vocke of Vocke Law Group

New Boutique Makes Its First Lateral Hires

By Meghan Tribe |

The Vocke Law Group, a small financial services and insurance firm founded late last year by former General Re Corp. general counsel Damon Vocke, has made its first new additions by bringing on two lawyers for its office in Stamford, Connecticut.

Arminta Jeffryes

Protesters Object to Prosecution by NYPD Attorneys

By Jennifer Peltz and Colleen Long |

Arminta Jeffryes was arrested while protesting police brutality. Then an NYPD lawyer stepped in to prosecute the jaywalking charge against her, in a low-level court that usually has no prosecutors at all. While many similar cases get dismissed without any admission of guilt, Jeffryes' lawyer says the police attorney wouldn't agree to a dismissal unless Jeffryes said her arrest was legitimate, which she contests.

Former Traders Arraigned on FX Conspiracy Charges

By B. Colby Hamilton |

Three indicted former traders, all U.K. nationals who worked for major international banks, surrendered Monday to U.S. officials.

Low-Cost CLEs Offered at ABA Meeting in NYC

By Rebecca Baker |

When the American Bar Association convenes in New York City next month for its annual meeting, it will offer a series of low-cost continuing legal education programs geared toward attorneys who may never have attended an ABA event before.

Skidmore College in Saratoga Springs, NY

Panel Reinstates Student Accused of Sex Misconduct

By Jason Grant |

A state appeals court has reinstated an expelled male student to Skidmore College, finding the college failed to comply with its own sexual- and gender-based misconduct procedures when it investigated and sanctioned the student.

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

Investors Allege Co-Working Space Is a Ponzi Scheme

By B. Colby Hamilton |

An international assortment of investors in the co-working startup Bar Works filed a securities fraud suit in the Southern District on Monday over allegations the company co-founder, Renwick Haddow, was operating a Ponzi scheme.

Albany, NY

EPA to Hold Second Meeting on Cleanup of Hudson River

The Environmental Protection Agency will hold a second public meeting this week about a $1.7 billion cleanup of the Hudson River.

NYLJ Recognizes Distinguished Leaders for 2017

The New York Law Journal announces the 2017 honorees for Distinguished Leadership, as part of its Professional Excellence Awards recognition event. The attorneys will be featured in a special section published on the Law Journal and honored at a dinner on Oct. 17 at Tribeca Rooftop.

Donald Trump

Trump Legal Team Fires Back at Plaintiff Seeking to Unravel Trump U Settlement

By Amanda Bronstad |

President Donald Trump in court papers has accused a lawyer and nearly two dozen law professors of lodging "inflammatory, gratuitous, and untested facts and assertions" in their objections over his $25 million Trump University settlement.

Nationals Park, located along the Anacostia River in the Navy Yard neighborhood,   home for the Washington Nationals of Major League Basebal

Panel's Close Call on MLB-Network Dispute May Set Up Extra Legal Innings

By Jason Grant |

A Manhattan appeals court has batted away the Washington Nationals' bid to reinstate a television-rights award worth hundreds of millions of dollars, finding flaws in the arbitration process.

Bernard Kerik

Woman Suing Kerik Hit With Lien for Unpaid Legal Fees

By Jason Grant |

An upstate woman suing Bernard Kerik, claiming she wasn't paid for helping the former New York City police commissioner write his 2015 memoir, is now facing a nearly $44,000 retaining lien granted to her ex-lawyers.

DMX

Hip-Hop Artist DMX Pleads Not Guilty to Tax Evasion

By Todd Cunningham |

Hip-hop artist and actor DMX pleaded not guilty to 14 counts of tax evasion Friday in New York City federal court and was freed after posting $500,000 bail.

Judge Weinstein in front of the courtroom renamed in his honor.

A Courtroom in Perpetuity for Weinstein

By David Handschuh, Photographer |

Eastern District Judge Jack Weinstein received a unique honor on Thursday to mark his 50th year on a federal bench—a ceremonial courtroom in the Brooklyn federal courthouse was named in his honor.

St. Anthony's School in Nanuet, NY

Ministerial Exception Applies to Catholic School Principal, 2nd Circuit Rules

By Andrew Denney |

The ex-principal of a Catholic elementary school had not held a religious position but is nonetheless barred by the First Amendment’s ministerial exception from bringing a discrimination suit against her former employer, a federal appeals court ruled.

Curtis Mallet-Prevost Inks Deal to End $20M Malpractice Suit

By Christine Simmons |

A former client had claimed the firm's negligence in failing to meet a filing deadline in a government investigation led it to lose $20 million.

Floyd Mayweather Jr. fighting Juan Manuel Márquez

Small NY Bars Showing Big Bouts Hit With Piracy Suits

By Andrew Denney |

Bars planning to show the much-hyped August boxing match between Floyd Mayweather Jr. and Conor McGregor should be warned: the company that handles pay-per-view distribution for major fights won't hesitate to sue establishments that show big bouts without a license.

Looking south on Grand Concourse at 165th Street in the Bronx.

Dept. of Financial Services Approves New Banking Development Districts

By Josefa Velasquez |

The DFS has approved two new banking development districts in the Bronx and Brooklyn. Two state-chartered banks will receive financial incentives to offer accounts to consumers and small businesses in underserved areas.

On the Move

Trade associations Interactive Advertising Bureau and IAB Technology Laboratory have hired former Lowenstein Sandler partner Michael Hahn to serve as senior vice president and GC; Alston & Bird welcomes Stuart Rogers, formerly a managing director at Credit Suisse, as partner; and other moves.

Single Slur Can Establish Workplace Harassment, 3rd Circuit Rules

By Max Mitchell |

A single racial slur in the workplace may be enough to establish a lawsuit for harassment, the U.S. Court of Appeals for the Third Circuit ruled July 14.

Marc Kasowitz

Kasowitz Apologizes for Emails as Partner Describes Firm 'Under Siege'

By Katelyn Polantz and David Bario |

A spokesman for President Donald Trump’s personal attorney acknowledged late Thursday that the lawyer, Marc Kasowitz, had sent “inappropriate” emails the previous evening to someone who had urged him to resign.