Law news

Manhattan Prosecutor Says Harvey Weinstein Emailed 'Confession' About 1990s Rape Allegation

Law news - Fri, 02/14/2020 - 21:37

Even if an accuser had a personal relationship with Weinstein, the Manhattan assistant DA said, his sudden sexual aggression still amounted to sexual assault or rape.

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Summer Zervos' Lawyer Subpoenaed Hope Hicks for Testimony in Trump Defamation Suit

Law news - Fri, 02/14/2020 - 21:04

Hicks could become the first sitting White House official called to testify in a private civil suit against Trump if Zervos' lawsuit and subpoena are allowed to proceed.

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'I Knew What Life Was Like': How This Managing Partner Thrived Amid the Whiteness of Big Law

Law news - Fri, 02/14/2020 - 20:43

In this episode, The Careerist Vivia Chen talks with Squire Patton Boggs global managing partner Frederick Nance about the progress—and lack of it—in opportunities for African American attorneys in Big Law.

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Michael Avenatti Convicted of Federal Fraud, Extortion Charges in Nike Shakedown

Law news - Fri, 02/14/2020 - 20:23

"This is what extortion looks like," assistant U.S. attorney Matthew Podolsky said during the government's closing arguments Tuesday.

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Continuous Representation and the Statute of Limitations in Legal Malpractice

Law news - Fri, 02/14/2020 - 17:45

It can be complex to assign a definite date to the "mistaken act or departure."

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Considering Dershowitz's Role(s)

Law news - Fri, 02/14/2020 - 16:00

Why did Trump deserve Dershowitz's creativity? Why do the positions that Trump wanted taken deserve to have been argued by someone who, as a result of his Trump advocacy, has somewhat squandered all the valuable things he's done for many years for defendants who might not otherwise have someone of Dershowitz's caliber at bat for them?

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Standing in TCPA Cases: How Many Texts Are Enough?

Law news - Fri, 02/14/2020 - 06:30

After the Second Circuit's decision in 'Melito' (involving multiple text messages), the Eleventh Circuit issued a decision on standing under the TCPA in a case involving a single text message. In that case, 'Salcedo v. Hanna', the Eleventh Circuit ruled that a single text message did not afford standing to the plaintiff. In her Internet Issues/Social Media column, Shari Claire Lewis discusses the decision, concluding that at least one thing is clear: The issue of standing in text-related TCPA cases remains in flux.

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ICE Confronts the Privilege Against Courthouse Civil Arrests

Law news - Fri, 02/14/2020 - 06:00

In New York state over the last two years, ICE has increased its courthouse civil arrests of undocumented and other aliens by more than 1700 percent. In response, the state of New York and the Kings Country DA filed suit against ICE on a variety of grounds—including because it violates the privilege against courthouse civil arrests—as well as an injunction barring ICE from conducting such arrests. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent denial of ICE's motion to dismiss the lawsuit.

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Judge Jack Weinstein, 98, Gives Up Docket After Half-Century on Eastern District Bench

Law news - Fri, 02/14/2020 - 01:14

"He did inspire judges throughout the country to be courageous," said former U.S. District Judge Shira Scheindlin of the Southern District of New York.

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'Women Have Choices': Harvey Weinstein's Defense Lawyer Says Accusers Must Take Responsibility

Law news - Fri, 02/14/2020 - 00:17

Donna Rotunno said one alleged victim's friendly emails with the ex-filmmaker made clear that their relationship was neither threatening nor pressure-filled.

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'Only the Beginning?': US AG Barr's Role in Roger Stone Sentencing Roils City Bar and Ex-Prosecutors

Law news - Fri, 02/14/2020 - 00:01

Former Southern District of New York prosecutors, contacted on Thursday, called the latest developments at the Justice Department both "horrifying" and "mortifying,"

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McClatchy Looks to Skadden as Old-Media Woes Continue

Law news - Thu, 02/13/2020 - 20:35

Skadden, Paul Weiss and Choate Hall are among the firms gearing up for fees from the latest big newspaper industry bankruptcy.

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Supreme Court Justices Speak to Students at Cardozo Law School

Law news - Thu, 02/13/2020 - 19:44

U.S. Supreme Court Justice Sonia Sotomayor and Canada Supreme Court Justice Rosalie Abella spoke this week about comparative constitutional law at Cardozo Law.

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Whimsical Reflections From Expert Witness 'Rocking Chairs': Part 3

Law news - Thu, 02/13/2020 - 17:45

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.

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Profiles in Courage and Cowardice

Law news - Thu, 02/13/2020 - 17:00

If, as per Kennedy, Edmund Ross was an exemplar of human morality and a profile in courage, today's Republican Senators are just the opposite: exemplars of human immorality or amorality—take your pick—and, unquestionably, profiles in cowardice.

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'Caused in Whole or in Part': Foreseeable Additional Insured Issues

Law news - Thu, 02/13/2020 - 16:27

The trigger wording "caused in whole or in part" in the current version of Insurance Services Office additional insured endorsements has recently generated a flood of coverage actions. This discussion examines the current debate, where it may be headed, and how parties might plan inside and outside the courtroom for future clashes over AI coverage.

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Senators Propose to Give Judges More Discretion in Tweak of New Bail Reform Law

Law news - Thu, 02/13/2020 - 16:05

Assembly Speaker Carl Heastie, D-Bronx, said the Senate proposal is premature, since bail reform came into effect just six weeks ago.

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Medicaid Rescinding Restrictive Requirement

Law news - Thu, 02/13/2020 - 06:30

In a significant and constructive development, the New York State Department of Health (DOH) has confirmed that it will advise local Medicaid districts to no longer impose a restrictive Medicaid position that unnecessarily forced seniors into nursing homes. Daniel G. Fish discusses in this edition of his Elder Law column.

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Reasonable Search, Liability for Unauthorized Broadcast, Fraud Complaint Dismissed

Law news - Thu, 02/13/2020 - 06:00

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions: one holding that officers had reasonable suspicion to stop and search defendant; another finding liability and assessing damages against a lounge for broadcasting a boxing match without authorization; and a third dismissing a complaint alleging securities fraud.

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Gibson Dunn Partner, Brooklyn Federal Prosecutor Are Trump's Choices to Join US District Courts in NY

Law news - Wed, 02/12/2020 - 20:56

Jennifer Rearden, of Gibson Dunn's litigation & crisis management practice group, is set to be named to the U.S. District Court for the Southern District of New York; and Brooklyn federal prosecutor Saritha Komatireddy, a clerk to Brett Kavanaugh, is set to be named to the U.S. District Court for the Eastern District of New York.

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