New York Law Journal

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New York Assemblymember Linda Rosenthal has introduced a bill that, if passed and signed into law, would lead to a coron...
12/11/2020
New York Lawmaker Introduces COVID Vaccine Mandate for Those Safe to Receive It | New York Law Journal

New York Assemblymember Linda Rosenthal has introduced a bill that, if passed and signed into law, would lead to a coronavirus vaccination mandate. The Manhattan Democrat issued a statement saying she’s hearing an increase in “dangerous anti-science, anti-vax rhetoric” that could hold up society’s return to normalcy and harm the economy and that she hopes her bill will make sure there’s a “safe level of community protection” from the virus. https://www.law.com/newyorklawjournal/2020/12/10/new-york-lawmaker-introduces-covid-vaccine-mandate-for-those-safe-to-receive-it/

“If enough science deniers opt out of the voluntary vaccine process, we will not achieve the necessary level of community immunity, said...

Eastern District Judge Nicholas Garaufis today said his chambers received “a number” of critical messages from members o...
12/10/2020
‘This Is Not About Me’: US Judge Orders Changes to DACA Notices, After 'Critical' Messages to His Chambers | New York Law Journal

Eastern District Judge Nicholas Garaufis today said his chambers received “a number” of critical messages from members of the public after the U.S. Department of Homeland Security named the judge in a series of notices on its website related to Garaufis’ recent ruling on the Deferred Action for Childhood Arrivals program. He ordered DHS to edit the notices and remove several references containing his own name. https://www.law.com/newyorklawjournal/2020/12/10/this-is-not-about-me-us-judge-orders-changes-to-daca-notices-after-critical-messages-to-his-chambers/

Brooklyn U.S. District Judge Nicholas Garaufis directed the government to mail individual notices to class members by Jan. 8 and to mail new employment authorization documents to affected recipients within 30 days of their listed expiration dates.

The shift to allow partners to work from cities where the firm doesn't have an office is noteworthy, given the size of Q...
12/10/2020
Learning From the Pandemic, Quinn Emanuel Will Now Hire Attorneys Outside Its Footprint | New York Law Journal

The shift to allow partners to work from cities where the firm doesn't have an office is noteworthy, given the size of Quinn Emanuel and its litigation-only practice, in which proximity to courts and clients is an important factor to consider. https://www.law.com/newyorklawjournal/2020/12/10/learning-from-the-pandemic-quinn-emanuel-will-now-hire-attorneys-outside-its-footprint-405-73048/

Why wouldn’t Quinn Emanuel be a firm of the best litigators wherever they’re sitting? Quinn said.

Since 2010, when New York became the last of the 50 states to enact legislation allowing for no-fault divorce, gas-light...
12/10/2020
“Gas-lighting” in Matrimonial Cases | New York Law Journal

Since 2010, when New York became the last of the 50 states to enact legislation allowing for no-fault divorce, gas-lighting has seemingly become much more prevalent in matrimonial and family matters, Thomas F. Liotti and Lucia Maria Ciaravino write. It is among the most understated, yet destructive forms of emotional manipulation, and in the matrimonial realm, it is a technique deployed by individuals who seek to control behavior of their spouse or conceal their own behavior, or both. https://www.law.com/newyorklawjournal/2020/12/10/gas-lighting-in-matrimonial-cases/

There is an esoteric issue “below the radar” which is becoming commonplace in matrimonial cases, but which courts and lawyers are only beginning to...

New criminal and civil jury trials, as well as grand jury selections, are halted until at least late February in the Wes...
12/10/2020
Jury Trials Halted in NY's Federal Western District Until February at Earliest | New York Law Journal

New criminal and civil jury trials, as well as grand jury selections, are halted until at least late February in the Western District of New York under a new order released by the court. https://www.law.com/newyorklawjournal/2020/12/09/jury-trials-halted-in-nys-federal-western-district-until-february-at-earliest/

Both criminal and civil in-person appearances are halted through Feb. 24 as well, except if the appearance “is deemed essential by the presiding or referral judge,” according to the order.

More than 10,000 New York law firms and attorneys borrowed a combined $1.2 billion under the Paycheck Protection Program...
12/09/2020
Midsize and Small NY Firms Borrowed Most of $1.2B Law Firm PPP Money | New York Law Journal

More than 10,000 New York law firms and attorneys borrowed a combined $1.2 billion under the Paycheck Protection Program to retain more than 62,000 jobs. The majority of the funds went to firms with fewer than about 140 employees, although Big Law took a sizable chunk of the money. https://www.law.com/newyorklawjournal/2020/12/09/midsize-and-small-ny-firms-borrowed-most-of-1-2b-law-firm-ppp-money/

New figures released from the SBA show big borrowing from Big Law while 86% of loans were for less than $150,000.

Former Judge Ralph K. Winter, a respected Yale Law School professor who served for decades on the U.S. Court of Appeals ...
12/09/2020
Ralph K. Winter, Former 2nd Circuit Judge, Yale Law Professor, Dies at 85 | New York Law Journal

Former Judge Ralph K. Winter, a respected Yale Law School professor who served for decades on the U.S. Court of Appeals for the Second Circuit, has died. Winter, a protégé of the late U.S. Supreme Court Justice Thurgood Marshall and an early mentor to the founders of the conservative Federalist Society, Winter was seen by his students and law clerks as a kind and giving educator, who eschewed political labels and embraced spirited debates in the classroom. https://www.law.com/newyorklawjournal/2020/12/09/ralph-k-winter-former-2nd-circuit-judge-yale-law-professor-dies-at-85/

Former Judge Ralph K. Winter of the U.S. Court of Appeals for the Second Circuit, a respected Yale Law School professor who served for decades on the Second Circuit, has died following a long illness.

Enforcement of Exclusive Federal Forum Provisions
12/09/2020
Enforcement of Exclusive Federal Forum Provisions | New York Law Journal

Enforcement of Exclusive Federal Forum Provisions

State court enforcement of exclusive federal forum provisions for 1933 Act claims is the final step to issuers and other participants in securities offerings subject to the 1933 Act curbing duplicative state court litigation, and recent California decisions provide important guidance toward that obj...

“I acknowledge that we could have done a better job communicating with the applicants,” the executive director of the Ne...
12/09/2020
New York Lawmakers Get an Earful Over Online Bar Exam | New York Law Journal

“I acknowledge that we could have done a better job communicating with the applicants,” the executive director of the New York Board of Law Examiners said during a hearing today, vowing to step up communication with February online bar exam takers. https://www.law.com/newyorklawjournal/2020/12/09/new-york-lawmakers-get-an-earful-over-online-bar-exam/

The New York Assembly's Committee on the Judiciary on Wednesday heard testimony from people who sat for the state's first-ever online bar exam, most of whom raised concerns over how that exam was handled.

The pandemic-fueled migration to remote work has made law firms, already attractive targets, even more vulnerable to cyb...
12/08/2020
How Law Firms Can Stay Secure During the Remote Work Era | New York Law Journal

The pandemic-fueled migration to remote work has made law firms, already attractive targets, even more vulnerable to cyber attacks. Employees' unsecured WiFi networks, accessing proprietary information on insecure home devices, and increased online data sharing, all create gaps cybercriminals can exploit. https://www.law.com/newyorklawjournal/2020/12/08/how-law-firms-can-stay-secure-during-the-remote-work-era/

Review some practical advice for law firms looking to supplement in-house cybersecurity staff.

A radiologist has sued New York City Health and Hospitals Corp., claiming that he was forced to resign after he requeste...
12/08/2020
Radiologist Alleges Bias Over Refusal of Request to Work From Home During Pandemic | New York Law Journal

A radiologist has sued New York City Health and Hospitals Corp., claiming that he was forced to resign after he requested to work from home during the COVID-19 pandemic because he had an autoimmune disorder. The doctor alleges he was given the “Hobson’s choice” of either leaving his post at Lincoln Hospital in the Bronx or being fired for cause and reported to professional licensing authorities. https://www.law.com/newyorklawjournal/2020/12/07/radiologist-alleges-bias-over-refusal-of-request-to-work-from-home-during-pandemic/

In a lawsuit filed in Manhattan federal court, a doctor with an autoimmune disorder claimed that his employer never considered his request for a reasonable accommodation in March as the novel coronavirus ravaged much of New York City.

A onetime Brooklyn attorney was arraigned today on charges of real estate fraud after allegedly stealing deeds from the ...
12/07/2020
Suspended Attorney Charged With Real Estate Fraud Amid Foreclosures in Brooklyn | New York Law Journal

A onetime Brooklyn attorney was arraigned today on charges of real estate fraud after allegedly stealing deeds from the owners of properties in foreclosure, according to the Brooklyn District Attorney’s Office. https://www.law.com/newyorklawjournal/2020/12/07/suspended-attorney-charged-with-real-estate-fraud-amid-foreclosures-in-brooklyn/

The onetime lawyer is accused of collecting rent from eight properties in Bedford-Stuyvesant, East New York and Flatbush after convincing homeowners that he was negotiating a short sale on their behalf, prosecutors said.

More than 1,500 lawyers have signed onto a letter calling for bar associations to investigate and condemn Rudy Giuliani,...
12/07/2020
'A Disgrace': Hundreds of Lawyers Call for Bar Condemnations of Trump Election Lawyers | New York Law Journal

More than 1,500 lawyers have signed onto a letter calling for bar associations to investigate and condemn Rudy Giuliani, Jenna Ellis, Sidney Powell and other lawyers behind President Donald Trump’s election lawsuits. “Attorneys take an oath to support the Constitution. Lawyers who lie to advance the partisan interest of a politician or any client dishonor the constitutional system they’ve sworn to uphold, the legal profession and themselves,” the letter reads. https://www.law.com/newyorklawjournal/2020/12/07/a-disgrace-hundreds-of-lawyers-call-for-bar-condemnations-of-trump-election-lawyers/

“A license to practice law is not a license to lie to the public on behalf of a client, whether doing so endangers one individual or the entire body politic,” more than 1,500 attorneys said of the Trump campaign lawyers in an open letter.

New jury trials in the federal Northern District of New York are halted until at least March 2021 as the state fights a ...
12/07/2020
NY's Federal Northern District Halts New Jury Trials Until March, at the Earliest | New York Law Journal

New jury trials in the federal Northern District of New York are halted until at least March 2021 as the state fights a surge of new coronavirus cases, according to an order signed by District Judge Glenn Suddaby. https://www.law.com/newyorklawjournal/2020/12/07/nys-federal-northern-district-halts-new-jury-trials-until-march-at-the-earliest/

The order allows for case-by-case exceptions to the postponements “at the discretion of the Court after consultation with counsel.”

New York’s court system is cutting down on in-person staffing as key coronavirus metrics worsen and the state warns of r...
12/07/2020
Facing Autumn Virus Wave, NY Courts Roll Out In-Person Staffing Limits | New York Law Journal

New York’s court system is cutting down on in-person staffing as key coronavirus metrics worsen and the state warns of regional shutdowns if hospitals approach critical capacity. “Our in-person staffing levels are being reduced to 40% or less in our courts outside New York City, and to 30% or less in our courts within the city,” Chief Judge Janet DiFIore said today. https://www.law.com/newyorklawjournal/2020/12/07/facing-autumn-virus-wave-ny-courts-roll-out-in-person-staffing-limits/

State courts, Chief Judge Janet DiFiore said, are sharply curtailing the amount of in-person matters allowed to go forward.

A high school teacher’s complaints against his high school principal did not qualify as protected speech under the First...
12/07/2020
Public High School Teacher's Gripes With Principal Not Protected Speech, 2nd Circuit Rules | New York Law Journal

A high school teacher’s complaints against his high school principal did not qualify as protected speech under the First Amendment, the Second Circuit ruled Friday in an opinion regarding retaliation claims in the context of public employment.
https://www.law.com/newyorklawjournal/2020/12/04/public-high-school-teachers-gripes-with-principal-not-protected-speech-2nd-circuit-rules/

The three-judge panel reasoned that a teacher's claims of retaliation did not go to matters of public concern that could qualify public employees for First Amendment protection.

White-Collar Crime
12/07/2020
White-Collar Crime | New York Law Journal

White-Collar Crime

In this Special Report: A Rare FCPA Advisory Opinion From the DOJ: Cause and Effect, Internal Investigations in a Virtual World and DOJ’s Arguments in Trump Litigation Should Benefit Other Defendants.

Judicial Ethics Opinion 20-141
12/03/2020
Judicial Ethics Opinion 20-141 | New York Law Journal

Judicial Ethics Opinion 20-141

Where a full-time judge’s personally appointed law clerk has neither a quasi-judicial title nor functions, the judge may permit the law clerk to participate in peaceful “Black Lives Matter” protests away from the courthouse during non-working hours.

Judicial Ethics Opinion 20-139
12/03/2020
Judicial Ethics Opinion 20-139 | New York Law Journal

Judicial Ethics Opinion 20-139

A court attorney-referee must disqualify him/herself in small claims real property tax assessment review proceedings that involve properties in his/her own neighborhood or in any other area of the town where a ruling might affect his/her own real property assessment.

Judicial Ethics Opinion 20-131
12/02/2020
Judicial Ethics Opinion 20-131 | New York Law Journal

Judicial Ethics Opinion 20-131

A judge who was formerly a prosecutor may speak to an ethnic/cultural affinity group, made up of employees at the prosecutor’s office, about the judge’s experience as a prosecutor.

Judicial Ethics Opinion 20-121 (rev)
12/02/2020
Judicial Ethics Opinion 20-121 (rev) | New York Law Journal

Judicial Ethics Opinion 20-121 (rev)

It is improper for a judge to serve on a county legislature’s task force, where the judge’s proposed involvement seems to immerse the judge in helping the probation department implement its programs or internal policies, and the legislature has not mandated judicial branch participation.

The Duty To Bargain During the COVID-19 Pandemic
12/02/2020
The Duty To Bargain During the COVID-19 Pandemic | New York Law Journal

The Duty To Bargain During the COVID-19 Pandemic

In this edition of their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss where the NLRB’s Division of Advice has drawn the line between unilateral actions employers may take pursuant to their collective bargaining agreements or to address exigent circumstances and actions wh...

Judicial Ethics Opinion 20-101
12/01/2020
Judicial Ethics Opinion 20-101 | New York Law Journal

Judicial Ethics Opinion 20-101

A judge may display photographs and other memorabilia of current and former elected federal officials in his/her chambers but must be mindful of the overall content, context and circumstances of the display to avoid any appearance of impropriety.

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