Alan Lewis

May 10, 2021 | New York Law Journal

NYSACDL calls on qualified candidates with criminal defense experience to submit applications for the next open seat on the Court of Appeals, and demands that the Judicial Screening Committee weigh criminal defense experience heavily when selecting its next round of final candidates.

By Alice L. Fontier and Alan Lewis

5 minute read

November 04, 2008 | Corporate Counsel

On Oct. 16, the New York Court of Appeals affirmed the convictions of former Tyco executives Dennis Kozlowski and Mark Swartz, who may now theoretically challenge their convictions in federal court by seeking habeas review. Regardless of the fate of these two individuals, the opinion may have created more issues than it resolved. Its construction of a civil procedure discovery statute in the context of a criminal prosecution may well have opened up a Sixth Amendment Pandora's box.

By Alan Lewis and Michael Shapiro

15 minute read

January 19, 2010 | New Jersey Law Journal

With the leasing market in turmoil and with tenants vacating space and/or contracting to accommodate a shrinking need after downsizing, landlords are being more creative and in some cases, more generous, in order to keep their buildings occupied.

By Jan Alan Lewis and Iryna Lomaga Carey

8 minute read

November 03, 2008 | New York Law Journal

Alan Lewis and Michael Shapiro, partners at Carter Ledyard & Milburn, conclude that in the wake of the Court of Appeals' ruling in People v. Kozlowski: (1) by interpreting CPLR §3101(d)(2)'s substantial equivalence test to require that a party seek to obtain substantially equivalent evidence even before the time it becomes a party in a case; and (2) by defining two adversaries' separate interviews of the same witness as the "substantial equivalent" of one another, the Court has crafted additional requirements for a party seeking to enforce a third-party subpoena not imposed by the legislature and which, when applied in a criminal case, may very well violate the Sixth Amendment right to compulsory process.

By Alan Lewis and Michael Shapiro

16 minute read

July 23, 2009 | New York Law Journal

Alan Lewis, a partner at Carter Ledyard & Milburn, writes: Occasionally, Israel's existence as a haven for Jews has been cited by prosecutors and courts as a basis for denying bail to Jewish defendants in criminal cases. In some instances, prosecutors and courts have explicitly cited the Law of Return, which enables persons of Jewish identity to obtain automatic Israeli citizenship, when advancing such a position; at other times, the arguments have emphasized the theoretical possibility an individual might flee to Israel, without expressly mentioning the Law of Return.

By Alan Lewis

12 minute read