Law news

2nd Circuit Upholds $6.75M in Damages to Street Artists for Destroyed Artworks

Law news - Thu, 02/20/2020 - 23:47

On appeal to the Second Circuit, the case centered on whether the pieces at 5Pointz could qualify as having achieved "recognized stature," a term which until now has largely eluded a precise definition.

       
Categories: Law news

Sidley Austin, Fried Frank Hire New Diversity Executives

Law news - Thu, 02/20/2020 - 22:28

Chief diversity officers, as well as so-called "concierge services," have become increasingly in demand among law firms as they jockey to recruit and retain the women and minority attorneys demanded by many clients.

       
Categories: Law news

Shearman's Investment Funds Group Leader Moves to Willkie

Law news - Thu, 02/20/2020 - 19:21

Laura Friedrich, who had been at Shearman for 12 years, said clients had reacted positively to her move to Willkie.

       
Categories: Law news

Whimsical Reflections From Expert Witness 'Rocking Chairs': Part 4

Law news - Thu, 02/20/2020 - 17:00

This essay is a "step back" from the author's tenure in different roles at the Court of Appeals spanning the last quarter of the last century. The reminiscences recounted here, however, are from his more recent endeavors as a witness in various cases.

       
Categories: Law news

The Slow Expansion of Conversion Claims To Cover Intangible Property

Law news - Thu, 02/20/2020 - 06:45

While a claim of conversion has grown to extend beyond tangible property to keep up with computerized use, courts are still grappling with how far to extend the tort. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer explore the expansion of conversion claims to cover intangible property.

       
Categories: Law news

Labaton's Political Donations Line Up With Pursuit of Client, Records Show

Law news - Thu, 02/20/2020 - 06:15

Interviews and court documents trace the New York firm's efforts to woo a major pension fund client.

       
Categories: Law news

Appellate Waivers: Traversing the Maze

Law news - Thu, 02/20/2020 - 06:00

This essay examines 'People v. Thomas' and the law of appellate waivers. To borrow Judge Rowan Wilson's words, the law has become a "Daedalean maze"—a labyrinth like the one that Daedalus is said to have designed for King Minos to hold Minotaur.

       
Categories: Law news

Thursday Newspaper

Law news - Thu, 02/20/2020 - 06:00

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

       
Categories: Law news

One Step Forward, Two Steps Back That's Franchise Law Right Now

Law news - Thu, 02/20/2020 - 06:00

It not clear that laws should be made based on cases involving one franchisor, but lately it seems that McDonald's is at the center of some important legal issues for franchising in the United States.

       
Categories: Law news

Education Advocacy Group Sues DeVos Over Student Loan Protection Rule

Law news - Wed, 02/19/2020 - 23:29

The suit aims to invalidate a new rule that would impose new requirements and procedural hurdles for students looking to cancel fraudulent loan obligations.

       
Categories: Law news

Buffalo's Hurwitz & Fine Elects Next Managing Partner

Law news - Wed, 02/19/2020 - 22:53

The firm, with roughly 50 lawyers across its litigation and corporate practices, has named Jody Briandi its managing partner-elect.

       
Categories: Law news

New Administrative Judge Appointed to Oversee Criminal Supreme Court in the Bronx

Law news - Wed, 02/19/2020 - 20:58

Judge Julio Rodriguez III was elected to Bronx County Supreme Court in 2018 and served as a criminal court judge and an acting supreme court justice before that.

       
Categories: Law news

Disbarred Brooklyn Lawyer Accused of Stealing Clients' Money Pleads Not Guilty to Grand Larceny

Law news - Wed, 02/19/2020 - 19:42

The ex-attorney, Edmundo Roman-Perez, pleaded not guilty to all charges, including grand larceny and issuing a bad check, before Supreme Court Justice Danny Chun on Tuesday.

       
Categories: Law news

When Your Client Goes Missing

Law news - Wed, 02/19/2020 - 17:45

What is the lawyer's obligation to communicate with his missing client? While it is clear the issues are attorney-client communication and authorization to act, the answers are not so simple.

       
Categories: Law news

Claims of Internal Medicine Docs' Failure to Discover Lung Cancer Can Go Forward

Law news - Wed, 02/19/2020 - 17:11

"Plaintiff's expert ... opined that, had decedent been given a chest X-ray prior to October 2012, the lung cancer would have been discovered before it entered Stage IV, and, thus, she would have had a greater chance of survival," the Appellate Division, First Department wrote in allowing certain claims to go forward against the Manhattan medical group and two of its physicians.

       
Categories: Law news

Berke Is Back: Impeachment Attorney Returns to Firm's Litigation Department

Law news - Wed, 02/19/2020 - 15:58

After a yearlong leave of absence, Berke will co-lead the litigation department again at Kramer Levin.

       
Categories: Law news

Buckley Hires Ex-Vance Deputy From Consulting Firm

Law news - Wed, 02/19/2020 - 11:00

Daniel Alonso is returning to private practice, joining Buckley as a white-collar defense partner, after spending the last decade at the Manhattan DA's Office and a consulting firm.

       
Categories: Law news

Cruising for a Bruising?

Law news - Wed, 02/19/2020 - 06:45

In his Admiralty Law column, James E. Mercante discusses cases in which "the ship hits the fan," causing a cruise to go from dream to nightmare.

       
Categories: Law news

Bad Debt Deduction Denied to Guarantor: 'Baker Hughes v. United States'

Law news - Wed, 02/19/2020 - 06:45

The appropriate tax treatment is not clear where a taxpayer makes a payment not in respect of a guarantee of another person's debt obligation, but, rather, by reason of a guarantee of performance of some other sort of contractual obligation of another person. In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent Fifth Circuit decision affirming a district court decision, in which a deduction was disallowed for an expenditure that was at least arguably of this nature.

       
Categories: Law news

Restatement: International Commercial and Investor-State Arbitration

Law news - Wed, 02/19/2020 - 06:30

In his International Arbitration column, John Fellas discusses the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration—a 12-year effort primarily concerned with the role of the U.S. courts with respect to arbitration proceedings. The author describes it as a "majestic, comprehensive, and clear account of the U.S. law of international and investor-state arbitration that belongs on the shelf of everyone involved those fields."

       
Categories: Law news