New York Law Journal

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Two of Pfizer’s insurers must cover the costs associated with a $486 million settlement in a New York shareholder suit...
07/26/2019
Del. Court Orders Insurers to Provide Coverage in $486M Settlement of Pfizer NY Shareholder Dispute | New York Law Journal

Two of Pfizer’s insurers must cover the costs associated with a $486 million settlement in a New York shareholder suit that accused the pharmaceutical giant of misleading investors about the health risks associated with two anti-inflammatory drugs http://ow.ly/jxZc50vddFY

A Delaware judge has ruled that two of Pfizer Inc.'s insurers must cover the costs associated with a $486 million settlement in a New York shareholder suit that accused the pharmaceutical giant of misleading investors about the health risks associated with two anti-inflammatory drugs.

NEWS: The former WilmerHale partner and clerk to Justice Clarence Thomas was assigned Friday to Trump's new lawsuit. Nic...
07/26/2019
Judge Carl Nichols Is Assigned to Trump's Bid to Keep NY Tax Returns Secret

NEWS: The former WilmerHale partner and clerk to Justice Clarence Thomas was assigned Friday to Trump's new lawsuit. Nichols was confirmed to the bench in May.

The former WilmerHale partner and clerk to Justice Clarence Thomas was assigned Friday to Trump's new lawsuit. Nichols was confirmed to the bench in May.

Two bills inspired in part by the Equifax data breach will strengthen New York state’s data privacy and security prote...
07/26/2019
New York Enacts New Data Security Requirements to Protect Consumer Information | New York Law Journal

Two bills inspired in part by the Equifax data breach will strengthen New York state’s data privacy and security protections by broadening the definition of what’s considered a data breach & setting new requirements for when consumers should be notified, and requiring consumer credit reporting agencies to offer identity theft prevention and mitigation services to consumers who’ve been affected by a security breach. http://ow.ly/9PdO50vc3iu

New York state’s data privacy and security protections will be strengthened over the next year as businesses prepare to implement two bills on the...

Tony West, GC of Uber and former GC of PepsiCo, said that at both companies his office has ranked law firms based on a s...
07/26/2019
Tony West, African American GC of Uber, Explains How He Incentivises Law Firms to Diversify Ranks | New York Law Journal

Tony West, GC of Uber and former GC of PepsiCo, said that at both companies his office has ranked law firms based on a series of diversity methods and factors—including how firms distribute work to their minority attorneys—and then have funneled legal jobs to “top-scoring firms.” http://ow.ly/stHo50vc3cH

“I’m one of these people who actually thinks that diversity and inclusion is not rocket science,” West told a group of more than 70 mostly African...

No comment from Stephen Barnes, but Ross Cellino says he plans to see a new show by two New York comedians who see the l...
07/26/2019
'Cellino v. Barnes' Coming to a Theater Near You | New York Law Journal

No comment from Stephen Barnes, but Ross Cellino says he plans to see a new show by two New York comedians who see the lighter side of the bitter dispute between the Buffalo personal-injury duo. http://ow.ly/RslV50vc1hC

Two New York comedy writers have created their own play based on the bitter breakup of a Buffalo personal-injury duo. The Law Journal spoke with one of the comedians about the writing process and how the show has been received.

With slowdowns in white-collar enforcement activity and litigation, the well-oiled revolving door between prosecutors’...
07/25/2019
White-Collar Slowdown Forces Law Firms, Ex-Prosecutors to Adapt | New York Law Journal

With slowdowns in white-collar enforcement activity and litigation, the well-oiled revolving door between prosecutors’ offices and elite law firms’ white-collar practices has been spinning a bit more slowly lately. “Firms are not building benches. Firms are responding to strategic needs,” Jeff Liebster, a recruiter at Major, Lindsey & Africa, said. http://ow.ly/88d350vbRIC

The slowdowns in white-collar enforcement activity and litigation have coincided with diminished hiring demand from law firms, while some white-collar defense attorneys are shifting their practices to focus on other areas.

A possible suicide attempt involving Jeffrey Epstein added a layer of complication to his child sex-trafficking and cons...
07/25/2019
Possible Suicide Attempt Unlikely to Slow Jeffrey Epstein's Sex Trafficking Case, Attorneys Say | New York Law Journal

A possible suicide attempt involving Jeffrey Epstein added a layer of complication to his child sex-trafficking and conspiracy case, but attorneys said today it likely would not slow the pace of proceedings, which appear to be on a fast track toward trial. http://ow.ly/o0Gv50vbNUy

Epstein's attorneys have filed a notice of appeal with the U.S. Court of Appeals for the Second Circuit, which would review the trial court's bail denial under a clear error standard, a high bar for challenging a district court's factual findings.

New York state’s district attorneys argued in a new court filing that if there’s any question whether a special comm...
07/25/2019
NY District Attorneys Formally Move to Strike Down Prosecutorial Watchdog Law | New York Law Journal

New York state’s district attorneys argued in a new court filing that if there’s any question whether a special commission to review complaints of prosecutorial misconduct would be unconstitutional, the court should look no further than the state officials who’ve decided not to defend it. http://ow.ly/P9BI50vbHjk

The organization, which represents the state’s prosecutors, was quick to point out in the filing that, as of early June, all but one state official had decided against defending its constitutionality in court.

The Trump Corp. will have to defend claims in a proposed class action that it illegally profited from knowingly promotin...
07/24/2019
SDNY Judge Clears Way for Class Action Alleging Trump Organization Pushed Bad Investments | New York Law Journal

The Trump Corp. will have to defend claims in a proposed class action that it illegally profited from knowingly promoting doomed products and services to unsophisticated investors across the country, a federal judge has ruled. http://ow.ly/VaQi50vaFjA

The ruling, from a district judge in the Southern District of New York, jettisoned federal racketeering claims from the suit.

The Trump administration today rolled out stringent new EB-5 rules that nearly double the amount foreigners must invest ...
07/24/2019
Trump Administration Rolls Out Tougher EB-5 Foreign Investment Visa Rules | New York Law Journal

The Trump administration today rolled out stringent new EB-5 rules that nearly double the amount foreigners must invest to qualify for the federal visa program, which has been central to the development of the massive Hudson Yards project. http://ow.ly/JamB50vaDk0

Under the new rules, foreigners seeking green cards for themselves and their families now must put at least $900,000 in a U.S. commercial venture, up from the $500,000 minimum.

A panel hosted by online hospitality service Airbnb and the National Bar Association, the nation’s oldest and largest...
07/24/2019
National Bar Association Panel: Tech Companies Are Pressuring Firms on Diversity | New York Law Journal

A panel hosted by online hospitality service Airbnb and the National Bar Association, the nation’s oldest and largest national network of African American attorneys, said tech firms and other big employers are taking steps to require outside law firms to be more diverse and inclusive, but more needs to be done. http://ow.ly/TRuK50vauaO

An event titled “Tech Meets Law: Diversifying Representation” at the 94th annual NBA convention in New York City asked attendees, who included lawyers from large and small firms as well as corporate law departments, to brainstorm ideas on how to increase minority representation at law firms.

Three prominent judges of color said at a @nationalbar conference today that sustained pressure and savvy politicking is...
07/23/2019
Want More Minority Judges? Politicking Matters, NY Judges Say | New York Law Journal

Three prominent judges of color said at a @nationalbar conference today that sustained pressure and savvy politicking is needed to address the shortage of racial and ethnic minorities on the bench. http://ow.ly/sQqD50v9Dbd

Speaking at a National Bar Association conference, U.S. District Judges Sterling Johnson Jr. and George B. Daniels stressed the importance of putting solid potential jurists on the radar of senators and others who wield influence in judicial selection.

A Manhattan federal judge is set to consider arguments in the coming weeks on Michael Avenatti’s request to transfer a...
07/23/2019
Transfer Motion Schedule Set in Case Accusing Avenatti of Stealing From Stormy Daniels | New York Law Journal

A Manhattan federal judge is set to consider arguments in the coming weeks on Michael Avenatti’s request to transfer a criminal case accusing him of stealing $300,000 from former client Stormy Daniels to a California federal court. http://ow.ly/DX3K50v9BhN

U.S. District Judge Deborah A. Batts of the Southern District of New York set Aug. 22 as the date for Avenatti to file his Rule 21 transfer motion.

President Trump's lawsuit, filed in his capacity as a private citizen, asks the U.S. District Court for the District of ...
07/23/2019
Trump Files Federal Lawsuit in Bid to Strike Down NY Law Allowing Congress to Obtain State Tax Returns | New York Law Journal

President Trump's lawsuit, filed in his capacity as a private citizen, asks the U.S. District Court for the District of Columbia to strike down a New York state law that would allow members of Congress to obtain copies of his state tax returns. http://ow.ly/ydbk50v9tOg

The president's attorney, William Consovoy, is taking the new tax disclosure law to court before Democrats or committee chairpersons can invoke it.

Maria Vullo, who left what is arguably the leading state financial services regulatory agency in the country in January,...
07/23/2019
Maria Vullo, Formerly NY's Top Financial Regulator, Launches Strategic Advisory Firm | New York Law Journal

Maria Vullo, who left what is arguably the leading state financial services regulatory agency in the country in January, has launched her own strategic advisory firm, where she said she plans to counsel clients on a variety of matters, including regulation, compliance and strategic litigation. http://ow.ly/dbSg50v9pPM

“I think my skill set and my value add is the strategic advisory function that combines both the regulatory and legal framework, as well as my knowledge of public policy and governmental operations,” Vullo said.

Robert Morgenthau "was the model for the DA Adam Schiff in Law and Order because he embodies the qualities of greatness ...
07/22/2019
A Tribute to Robert Morgenthau | New York Law Journal

Robert Morgenthau "was the model for the DA Adam Schiff in Law and Order because he embodies the qualities of greatness we hope our leaders will have but few meet: a leader who is thoughtful, firm, deliberative, and wise, of unquestioned integrity, who inspires those who work for him, whose fierce loyalty to him reflects his fierce loyalty to them." - Second Circuit Chief Judge Robert Katzmann
http://ow.ly/ZUyS50v8p3E

Robert Morgenthau, one of the state's most popular public servants who died last night at age 99, recently received the McCloy Award of the Fund...

There is no serious argument that the @realDonaldTrump account is purely personal—at least while its owner is in the W...
07/22/2019
All The President’s Tweets: Second Circuit Confirms That Government-Run Twitter Accounts Are Public Fora | New York Law Journal

There is no serious argument that the @realDonaldTrump account is purely personal—at least while its owner is in the White House—but much of the Second Circuit’s recent analysis was devoted to the question of whether it was an “official” government account http://ow.ly/sBxY50v8lQO

In his Technology Law column, Stephen M. Kramarsky discusses a recent Second Circuit opinion which addressed several questions that arose from President Trump blocking certain Twitter users from his account: To what extent are Twitter accounts “official” government accounts? What should the law ...

Robert Morgenthau, with four decades of public service as the top federal and state prosecutor in Manhattan, died Sunday...
07/22/2019
New York Legal Community Mourns 'Quintessential Prosecutor' Robert Morgenthau | New York Law Journal

Robert Morgenthau, with four decades of public service as the top federal and state prosecutor in Manhattan, died Sunday. While Morgenthau’s handling of some cases drew controversy, his time as Manhattan’s district attorney was widely praised by prominent figures in the New York legal world. Crime in New York City fell drastically during his tenure and his office “became the gold standard for any young lawyer who wanted to learn the legal craft.” http://ow.ly/XOfI50v8i7D

“I knew him as a very concerned person, said Marty Lipton, not just about law enforcement, but about the issues that affect our society. He was a voice for reason. He was a voice for democracy. And he was a great patriot.”

A Manhattan judge has dismissed a securities class action claim against Brazilian online retailer Netshoes, finding the ...
07/19/2019
NY Supreme Court Tosses Securities Class Action Over Brazilian Online Retailer's IPO | New York Law Journal

A Manhattan judge has dismissed a securities class action claim against Brazilian online retailer Netshoes, finding the suit failed to support allegations that the company had purposely misrepresented key aspects of its business to would-be investors. http://ow.ly/F98150v6i4T

A securities class action claim against Netshoes, finding the suit failed to support allegations that the company had purposely misrepresented key aspects of its business to would-be investors.

A system of bureaucratic checking and approval for placement of often-neglected children with out-of-state foster or ado...
07/19/2019
NY Appeals Courts Now Split on Reach of Interstate Compact on Child Placement to Out-of-State Parents | New York Law Journal

A system of bureaucratic checking and approval for placement of often-neglected children with out-of-state foster or adoptive parents cannot be used to block out-of-state parents from promptly taking custody of their own needy child, the First Dept ruled http://ow.ly/dvOU50v68Py

The central issue was whether the interstate compact can apply its vetting system of approval for placement of often-neglected children to noncustodial parents living out of state—as opposed to only foster and adoptive parents.

A headline-grabbing raid last October at the Atelier, a midtown Manhattan condominium, was seen as a major crackdown on ...
07/19/2019
The Lawyer Who Investigated a Tourist Takeover of an NYC Condo | New York Law Journal

A headline-grabbing raid last October at the Atelier, a midtown Manhattan condominium, was seen as a major crackdown on short-term rentals. Attorney Massimo D’Angelo represents the group of condo owners who claimed the building’s board turned a blind eye to illegal short-term rentals listed on Airbnb and other websites. http://ow.ly/QlxU50v5voc

In a Q&A, Massimo D'Angelo spoke about how he got involved in a dispute that led to a high profile raid on a New York condo, his clients' plans and how this case is unique compared with his other matters.

Jeffrey Epstein’s penchant for sex with underage girls appeared to be “uncontrollable,” the federal judge who deni...
07/18/2019
'Uncontrollable' Jeffrey Epstein Denied Bail Ahead of Sex Trafficking and Conspiracy Trial | New York Law Journal

Jeffrey Epstein’s penchant for sex with underage girls appeared to be “uncontrollable,” the federal judge who denied his request to be released on bail wrote. “It seems fair to say that Mr. Epstein’s future behavior will be consistent with past behavior.” http://ow.ly/UIFZ50v5srM

The financier and convicted sex offender will wait out the trial not at his Upper East Side townhouse but at the federal detention facility in Manhattan, where he has been held since his July 6 arrest at Teterboro Airport in New Jersey.

A state appeals court that had already suspended a Nassau County attorney for misconduct including misappropriating clie...
07/18/2019
Lawyer Previously Suspended 3 Years in Separate Matter Now Disbarred | New York Law Journal

A state appeals court that had already suspended a Nassau County attorney for misconduct including misappropriating client settlement funds has now disbarred the attorney for similar conduct involving yet another client http://ow.ly/kFzE50v5k42

The more recent seven charges included misappropriating client settlement funds, failure to deliver the funds, misrepresenting the settlement funds' status and failure to cooperate with a grievance committee investigation.

A search warrant application in the Michael Cohen case placed President Trump in a series of phone calls to arrange an a...
07/18/2019
Read: What the New Cohen Docs Say About Donald Trump | New York Law Journal

A search warrant application in the Michael Cohen case placed President Trump in a series of phone calls to arrange an alleged hush-money payment to a former porn star to cover up allegations of an affair. http://ow.ly/dj4O50v5ezj

In one of the documents released Thursday, an FBI agent said it appears then-candidate Trump was involved in discussions over the hush money payment to former porn star Stephanie Clifford.

A Manhattan federal judge has released Whole Foods Market Group Inc. from a proposed class alleging that the popular sup...
07/17/2019
Proposed Class Denied Certification in SDNY Case Alleging Overpricing at Whole Foods | New York Law Journal

A Manhattan federal judge has released Whole Foods Market Group Inc. from a proposed class alleging that the popular supermarket chain had overcharged its customers for prepacked foods at New York City stores. http://ow.ly/P6nR50v3xpT

U.S. District Judge Paul A. Engelmayer of the Southern District of New York on Wednesday granted summary judgment in favor of Whole Foods, finding that plaintiff Sean John lacked standing to bring his claims.

A federal judge has ordered prosecutors to release unredacted search warrants from an investigation into hush-money paym...
07/17/2019
Manhattan Federal Judge Orders Release of Unredacted Michael Cohen Search Warrants | New York Law Journal

A federal judge has ordered prosecutors to release unredacted search warrants from an investigation into hush-money payments Michael Cohen made to Stormy Daniels ahead of the 2016 election http://ow.ly/Qz4I50v3lbj

A Manhattan federal judge on Wednesday ordered U.S. prosecutors to release unredacted search warrants from an investigation into hush-money payments Michael Cohen made to adult-film actress Stephanie Clifford ahead of the 2016 presidential election.

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