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Estee Lauder's Virtual "Try On" Feature is Secretly Storing Users' Face Scans, Class Action Plaintiff Claims
05/20/2022
Estee Lauder's Virtual

Estee Lauder's Virtual "Try On" Feature is Secretly Storing Users' Face Scans, Class Action Plaintiff Claims

This suit was surfaced by Law.com Radar. Read the complaint here.

Michael Avenatti’s public defenders are asking for him to be sentenced to three years in prison for defrauding Stormy Da...
05/20/2022
'I Am Truly Sorry': Michael Avenatti Asks for 3-Year Sentence in Stormy Daniels Fraud | New York Law Journal

Michael Avenatti’s public defenders are asking for him to be sentenced to three years in prison for defrauding Stormy Daniels, including with their memorandum an apology letter he wrote his ex-client. Avenatti told Daniels he tried his best “to serve you in many ways; as a friend, confidant and advisor” but said upon reflection, “It is obvious that I failed you in many respects, and that I disappointed you and let you down in multiple ways.”

Avenatti will be flown to New York to cut down on transport time in light of his pending re-trial in the Central District of California.

Narrowing the Class Period in Securities Fraud Class Actions
05/20/2022
Narrowing the Class Period in Securities Fraud Class Actions | New York Law Journal

Narrowing the Class Period in Securities Fraud Class Actions

Although rebutting the 'Basic' presumption has become increasingly difficult, defendants should attempt to isolate portions of the class period for which there is no evidence of market efficiency. Doing so may potentially limit their liability at this key stage of the proceedings.

New York Court of Appeals OKs Accuser's Authentication of Coach's Alleged Sext Messages
05/20/2022
Coach's Sext Messages OK'd for Use as Evidence in Trial | New York Law Journal

New York Court of Appeals OKs Accuser's Authentication of Coach's Alleged Sext Messages

The years-long legal battle centered on text messages allegedly sent by a high school coach obtained by a third party. The Court of Appeals determined that testimony from a student-athlete established they were genuine.

A judgment for The Nonhuman Rights Project in New York's highest court would be a groundbreaking advance for animal righ...
05/19/2022
Lawyer Tells New York's Highest Court Elephant Isn't 'Happy' in Bronx Zoo | New York Law Journal

A judgment for The Nonhuman Rights Project in New York's highest court would be a groundbreaking advance for animal rights. But the panel of judges appeared to exhibit skepticism about Happy the elephant's rights under the state’s unlawful imprisonment statute.

The New York Court of Appeals became the first high court in an English-speaking jurisdiction anywhere in the world to agree to hear such an...

A Second Circuit panel yesterday heard oral arguments in a Freedom of Information Act lawsuit involving records of the i...
05/19/2022
2nd Circuit Weighs FOIA Lawsuit Seeking Michael Cohen FBI Interview Records | New York Law Journal

A Second Circuit panel yesterday heard oral arguments in a Freedom of Information Act lawsuit involving records of the investigation into potential campaign finance violations by people connected to the campaign of former President Trump, including his former personal attorney Michael Cohen.

A nonprofit entity said federal agencies improperly withheld records of interviews conducted during the course of the investigation. But the government argued they were protected from FOIA as attorney work product.

“Of the 70-plus attendees, none reported more than mild to moderate cold and flu like symptoms,” Office of Court Adminis...
05/19/2022
Score of NYC Judges Who Attended Conference Test Positive for COVID-19 | New York Law Journal

“Of the 70-plus attendees, none reported more than mild to moderate cold and flu like symptoms,” Office of Court Administration spokesman Lucian Chalfen said. “Of the 20 judges that tested positive, the ones that displayed symptoms are recuperating at home, and those who are asymptomatic could be back at work. As per our protocols, all are vaccinated.”

The state court system reports that 20 New York City judges who attended a conference in the Hamptons last week tested positive for COVID-19, but according…

John C. Coffee Jr. writes: Many feel the Supreme Court leaker should be indicted for a felony, disbarred, censured, or, ...
05/18/2022
Legal ‘Leakers’: Can They Be Criminally Prosecuted? | New York Law Journal

John C. Coffee Jr. writes: Many feel the Supreme Court leaker should be indicted for a felony, disbarred, censured, or, best of all, buried alive under the amicus briefs in 'Dobbs v. Jackson Women’s Health Organization'. Few have examined, however, the legal basis for any such prosecution.

The need to invoke the criminal sanction seems doubtful, particularly because the disclosure of the leaker’s identity (at least in the case of...

“For years, these pension funds and others invested with AGI because they were promised a relatively safe investment wit...
05/18/2022
Investment Fund Leader Charged with Fraud After Multibillion-Dollar Losses Amid COVID-19 Stock Decline | New York Law Journal

“For years, these pension funds and others invested with AGI because they were promised a relatively safe investment with strict risk controls designed to weather a sudden storm, like a massive collapse in the stock market,” Southern District U.S. Attorney Damian Williams said in announcing charges against Gregoire Tournant, a chief investment officer at Allianz Global Investors U.S. “But when the storm came in March of 2020, when the COVID crash suddenly hit, those investors got soaked. They lost billions.”

Tournant's attorneys, Levine Lee co-founder Seth Levine and Buckley partner Daniel R. Alonso, said he plans to mount a “vigorous” defense.

Nearly every state in the country currently allows cameras to cover trial court proceedings, and New York, the nation’s ...
05/17/2022
New York Should Allow Cameras in Courtrooms | New York Law Journal

Nearly every state in the country currently allows cameras to cover trial court proceedings, and New York, the nation’s media capital, should cease to be an “extreme outlier” on the issue, the Fund for Modern Courts said in a new report.

The Fund for Modern Courts, issuing a 32-page report as two bills make their way through the New York Legislature, said the nation's media capital should cease to be an outlier and allow cameras for televised coverage of court proceedings.

Federal prosecutors allege that Thomas Barrack's former employer is advancing legal fees for his counsel, and that his f...
05/17/2022
Feds Ask for New Conflict of Interest Hearing in Tom Barrack Prosecution | New York Law Journal

Federal prosecutors allege that Thomas Barrack's former employer is advancing legal fees for his counsel, and that his former executive assistant, who was “involved in several events that are at issue in this case,” including the planning and ex*****on of Trump’s inauguration, was hired by O’Melveny as a litigation consultant.

If Brooklyn U.S. District Judge Brian Cogan agrees to schedule the hearing, it would be the third such hearing since the start of the year in the case. Prosecutors say an ex-employee of Barrack's company, a potential witness, has been hired and paid by defense counsel as a litigation consultant.

An ADR Primer for Non-ADR Professionals
05/17/2022
An ADR Primer for Non-ADR Professionals | New York Law Journal

An ADR Primer for Non-ADR Professionals

In this article, the author describes traditional ADR mechanisms, namely arbitration and mediation, and the attributes of an effective arbitrator and mediator. She then covers Med-Arb, a lesser-known mechanism, and discusses dispute avoidance measures, which are gradually gaining traction.

A Bronx-based tax preparer and lawyer has been disbarred after being convicted of preparing false tax returns that claim...
05/16/2022
Bronx Lawyer Disbarred After Bilking IRS Out of $3M, Failing to Timely Report His Felony Conviction to Court System | New York Law Journal

A Bronx-based tax preparer and lawyer has been disbarred after being convicted of preparing false tax returns that claimed more than $4.7 million in credits and expenses, for which the IRS paid out some $3 million, as he pocketed $1.5 million in tax-client fees.

The First Department’s attorney grievance committee had opposed Ahern in his move to have a disbarment made retroactive to 2016, because he hadn't reported his felony conviction to the state court system until more than four years after his conviction. But the Appellate Division court did rule tha...

Feds, in Bid for New Curcio Hearing, Say Barrack's O'Melveny Attorneys Have New Conflict
05/16/2022
Feds Ask for New Conflict of Interest Hearing in Tom Barrack Prosecution | New York Law Journal

Feds, in Bid for New Curcio Hearing, Say Barrack's O'Melveny Attorneys Have New Conflict

If Brooklyn U.S. District Judge Brian Cogan agrees to schedule the hearing, it would be the third such hearing since the start of the year in the case. Prosecutors say an ex-employee of Barrack's company, a potential witness, has been hired and paid by defense counsel as a litigation consultant.

"Good lawyers, good trial lawyers, they have the skills. They know how to stand up. They know how to cross examine. They...
05/16/2022
What I Wish I Knew Then: Judith Livingston | New York Law Journal

"Good lawyers, good trial lawyers, they have the skills. They know how to stand up. They know how to cross examine. They know how to elicit certain information. And that makes them very good. ... But great lawyers, they have a passion for what they’re doing. They have a belief, they have an empathy for their client that they bring with them into the courtroom."

- Judith Livingston, senior partner at Kramer, Dillof, Livingston & Moore

A great, great lesson is: Never stop reading your file and reading your case, because you’ll constantly learn more things.

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Estee Lauder's Virtual "Try On" Feature is Secretly Storing Users' Face Scans, Class Action Plaintiff Claims
Justices Helen Voutsinas, Janice Taylor, Lillian Wan and Barry Warhit have been appointed to the Second Department bench.
Call to Action: Modernizing the 'War Exclusion' for the 21st Century
Michael Avenatti’s public defenders are asking for him to be sentenced to three years in prison for defrauding Stormy Daniels, including with their memorandum an apology letter he wrote his ex-client. Avenatti told Daniels he tried his best “to serve you in many ways; as a friend, confidant and advisor” but said upon reflection, “It is obvious that I failed you in many respects, and that I disappointed you and let you down in multiple ways.”
Narrowing the Class Period in Securities Fraud Class Actions
Decision of the Day: Questions Exist as to NCAA's Rule Barring Female Players From Wearing Helmets
New York Court of Appeals OKs Accuser's Authentication of Coach's Alleged Sext Messages
Trustee Bank Asks NY High Court to Allow It to Revive Lawsuit Over Mortgage-Backed Securities Collapse
A judgment for The Nonhuman Rights Project in New York's highest court would be a groundbreaking advance for animal rights. But the panel of judges appeared to exhibit skepticism about Happy the elephant's rights under the state’s unlawful imprisonment statute.
A Second Circuit panel yesterday heard oral arguments in a Freedom of Information Act lawsuit involving records of the investigation into potential campaign finance violations by people connected to the campaign of former President Trump, including his former personal attorney Michael Cohen.
4 Takeaways From Judge Rakoff's Order on MetaBirkins NFTs
“Of the 70-plus attendees, none reported more than mild to moderate cold and flu like symptoms,” Office of Court Administration spokesman Lucian Chalfen said. “Of the 20 judges that tested positive, the ones that displayed symptoms are recuperating at home, and those who are asymptomatic could be back at work. As per our protocols, all are vaccinated.”