New York Law Journal

09/22/2023

Third Dept Opens Door for NY Ethics Watchdog to Restart Its Work

The appellate panel's decision places on hold a decision striking down the commission as unconstitutional. That ruling was seen as a win for former Gov. Andrew Cuomo.

09/22/2023

What the Global 200 Rankings Say About Big Law's Past, Present and Future

In this week’s episode, Law.com Editor-in-Chief Zack Needles sits down with Law.com International Editor-in-Chief Paul Hodkinson to talk about the biggest takeaways from this year’s Global 200 law firm rankings.

09/22/2023

'Through the Looking Glass:' AG and Trump Lawyers Spar Over Dueling Motions in $250M Fraud Case

At one point during the hearing, Kise and Engoron sparred over Kise's contention that vast disparities are normal in real estate. Manhattan Supreme Court Justice Arthur Engoron responded by repeatedly slamming his fist on the bench and loudly said: You cannot make false statements and use them in bu...

09/22/2023

NYSBA Report Suggests Moving Away From Standardized Tests

The report recommends that institutions of higher education move away from standardized tests and grade point averages and instead focus on how an applicant furthers a college’s or law school’s goals and values.

09/22/2023

E-discovery provider DISCO, along with its current CFO Michael Lafair and former CEO Kiwi Camara, were named in a class action lawsuit filed in the Southern District of New York this week. The complaint alleges that DISCO, Lafair and Camara misled investors by making material, false statements indicating company growth and a positive financial position, when they knew that they had lost the business of key customers.

DISCO, along with current CFO Michael Lafair and former CEO Kiwi Camara, were named in a class action lawsuit alleging violations of federal securities laws for misleading investors about the loss of key customers. This complaint was first surfaced by Law.com Radar.

09/22/2023

Robert Menendez Has Been Charged—Again—But Will It Stick?

“The excesses of these prosecutors is apparent. They have misrepresented the normal work of a congressional office. On top of that, not content with making false claims against me, they have attacked my wife for the long-standing friendships she had before she and I even met, the senator said of t...

09/22/2023

The New York Attorney General’s Office has filed its motion in opposition to staying the business fraud trial against former President Donald Trump and others, saying the defendant’s request is a “brazen” attempt to usurp the authority of the New York Supreme Court.

The argument was advanced in court papers urging the court to vacate a stay of the Oct . 2 trial date in its civil fraud case.

09/22/2023

Good Business Practices or a 'War on Tech'?: Labor and Employment Lawyers Eye Bill to Rein in Workplace AI

The requirement of third-party auditing for bias means enactment of the bill will come at a cost for employers, but the end result could be a net gain for them in many respects. including equality and incluision, said a labor and employment attorney. Others viewed the bill as overly sweeping.

09/22/2023

DLA Piper has recruited a well-known Brazilian lawyer in New York to join its cross-border team, as the global firm attracts more top-notch talent to its Americas practice.

Antitrust specialist Amadeu Ribeiro, who is licensed to practice in Brazil and the U.S., has been the face of a leading Brazilian firm in the U.S. for more than a decade.

09/22/2023

Sidney Kess, a renowned tax lawyer with a career spanning more than 70 years that included several decades in which he wrote a regular column for the Law Journal, died on Sept. 18. He was 97. https://www.law.com/newyorklawjournal/2023/09/21/living-life-the-sid-kess-way-renowned-tax-expert-and-law-journal-columnist-for-more-than-50-years-dies-at-97/

09/22/2023

Friday Newspaper

Click on the selected day/section to open the New York Law Journal in PDF format.

09/22/2023

Judicial Ethics Opinion 22-166

Where a part-time attorney judge unknowingly arraigned a defendant who was a complaining witness against one of the judge’s clients in an unrelated case, but then, on discovering the conflict, immediately transferred the matter to the co-judge and notified all parties, the judge need not take any ...

09/21/2023

Mayer Brown Attorneys Try Their Hands Against 13-Year-Old Chess Prodigy Whose Family Gained Asylum With Pro Bono Help

A handful of brave attorneys and a Law Journal reporter faced off against the young chess master at one of the firm's regular fireside chats. Their defeats were swift.

09/21/2023

US Judge Allows EV Startup Canoo to Advance Lawsuit Against Investor

Canoo is represented by Kirkland & Ellis partner Aaron Marks, who argued in an amended complaint filed in September 2022 that DD Global owed disgorgement of $61 million in short-swing profits from transactions in 2021 and 2022.

09/21/2023

Brooklyn DA Launches Virtual Currency Unit to Combat Crypto Fraud

The standalone unit is set to be led by Alona Katz, who is joining the Brooklyn DA's office from the Manhattan DA's office.

09/21/2023

'It's for New York': International Arbitration Centers Marks Its 10th Anniversary

The Wednesday celebration at the New York City Bar Association Honored late founding chair and former Chief Judge of the New York State Court of Appeals Judith Kaye.

09/21/2023

Living Life The 'Sid Kess Way': Renowned Tax Expert and Law Journal Columnist For More Than 50 Years Dies at 97

“Sid was more than a teacher: he was an example of how we can all be better people by going out of our way to connect with others and help them in whatever way we can,” one tax attorney from Kess' firm said.

09/21/2023

Is It Ethical for a Family Court Judge To Make Decisions After a Custody Trial?

Where a judge, absent a jury has listened to the testimony, heard the evidence, determined the credibility of parties and witnesses, and made a determination in a child custody case, one may wonder if continuing on a case thereafter dealing with similar issues, opens the door for a reasonable person...

09/21/2023

New York Managing Partners: We Want to Hear From You

We cannot fully cover the New York legal community without your valuable insights. The goal of this survey is for us to help serve you, the readers, better.

09/21/2023

Thursday Newspaper

Click on the selected day/section to open the New York Law Journal in PDF format.

09/21/2023

A $16B Win for Energy Company Shareholders in Expropriation Suit Against Argentina

A federal judge in Manhattan sided with lawyers at Clement & Murphy, Kellogg Hansen and King & Spalding by landing on the high end of the damages sought over the Argentine government’s 2012 move to seize majority control of YPF.

09/21/2023

Judicial Ethics Opinion 22-165

A full-time judge who participated in writing a screenplay before assuming judicial office (1) may be credited by name as a writer in the ensuing fictional film, notwithstanding that the judge’s contributions were based on the judge’s prior unsuccessful efforts to seek judicial office and other ...

09/20/2023

Artworks Looted by N***s Returned to Heirs of Holocaust Victim Fritz Gru nbaum

Fritz Grünbaum, an Austrian-Jewish cabaret performer, owned hundreds of pieces of art, including more than 80 drawings by Schiele, was murdered in 1941.

09/20/2023

NY Early Mail Voter Act, Freshly Signed, Sparks Immediate GOP Lawsuit

Beginning in January, New York voters will be able to cast early ballots by mail for any reason as part of a 10-bill voting rights package signed by Gov. Kathy Hochul on Wednesday. The law prompted an immediate lawsuit from U.S. Rep. Elise Stefanik, R-Schuylerville, the conference's chair, the Repub...

09/20/2023

Pondering The Dichotomy in MLK's Legacy: 'King: A Life'

In the 1960s, Martin Luther King Jr. was a radical who was feared, hated, and considered dangerous. But in the years since King’s 1968 assassination, he has become saintly and mythological. Pondering this dichotomy, a biographer set out to write a book about King, the man, focusing on his humanity...

09/20/2023

Fox, Smartmatic Spar in NY Court Over Network's Bid to Toss Defamation Lawsuit

The parties tussled over a Fox Corp. motion to dismiss and a Smartmatic attempt to dismiss Anti-SLAPP counterclaims filed by Fox News.

09/20/2023

Bestselling Authors Challenge ChatGPT Developer OpenAI's Use of Their Work

Game of Thrones author George R.R. Martin and legal thriller writer John Grisham are among the plaintiffs in a lawsuit filed in Manhattan federal court.

09/20/2023

'You Don't Know What People Are Going Through': NY City Bar Leader Fundraises for Parkinson's Research

Bret Parker, who had his life turned upside down with a Parkinson’s diagnosis, is preparing for another big challenge to raise money for research.

09/20/2023

Law Firm Leaders, GCs and Bar Leaders Outline DEI Recommendations in Wake of Affirmative Action Ruling

A New York State Bar report from a group of Big Law partners, corporate lawyers and academics focuses on methods of enhancing diversity that won't leave organizations vulnerable to legal risks.

09/20/2023

Decision of the Day: Insufficient Bond Between Infringing Work, Other Works' Sale for Indirect Profits Award

This ruling was selected and summarized by the New York Law Journal's decision editors.

09/20/2023

Wednesday Newspaper

Click on the selected day/section to open the New York Law Journal in PDF format.

09/20/2023

Judicial Ethics Opinion 22-164

(1) A judge must report an attorney who, on learning that a non-party would only honor a judicial subpoena, personally signed a subpoena above the judge’s name and served it on the non-party. However, reporting may wait until the conclusion of the case.

09/19/2023

Former SDNY Deputy Chief Assistant Joins Westchester Trial Boutique Stacked With Ex-Prosecutors

Jason Swergold, who served as former deputy chief of the Westchester office for the Southern District U.S. Attorney’s office, racked up a 11-1 record at trial during his tenure as a prosecutor and worked on a number of high-profile cases.

09/19/2023

'Texas Two-Step' Is Only Path to Talc Claim Payouts, J&J Litigation VP Tells Senate Panel

The U.S. Senate Judiciary Committee is examining the use of bankruptcy to sort out mass tort liability.

09/19/2023

Court of Appeals: Stay of Redistricting Decision Remains in Effect, But Independent Commission May Resume Activities

Mapmakers may continue their work while the stay is in place, the Court of Appeals said.

09/19/2023

Former Indiana Congressman Sentenced to 22 Months for Insider Trading

Defense counsel said ex-U.S. Rep. Steve Buyer plans to appeal the sentence imposed by federal District Judge Richard Berman.

09/19/2023

'Disastrous': Lawsuit by Third-Party Marketer Blasts Cannabis Industry Rollout in New York

A plaintiff represented by Phillips Lytle takes aim at barriers to entry in the emerging marketplace.

09/19/2023

'He Makes His Own Bed': Sam Bankman-Fried Meets Skeptical Appellate Panel in Bid for Pretrial Release

Mark S. Cohen, representing the former cryptocurrency entrepreneur, said the trial judge failed to “give sufficient weight to the First Amendment issues.

09/19/2023

Guns Are The Problem, Not The Answer

The Second Amendment comes closest to defining the myth of what it means to be an American—fierce self-reliance combined with deep skepticism of government authority—in a way that no other provision of the constitution does. Behind this myth, however, is a less savory reality.

09/19/2023

Kilpatrick Lures Mayer Brown Trademark Expert Amid Advertising Practice Growth

The addition of Jonathan Thomas is part of a growth strategy for the Kilpatrick advertising practice throughout the firm’s offices, said New York office managing partner Barry Benjamin.