Prosecutors Decline to Take Stance on Avenatti's Bid to Appear in Cohen Raid Litigation
In a letter filed late Monday, the Manhattan U.S. Attorney's Office said it "takes no position" in the battle raging between Stormy Daniels' attorney and counsel for the president's personal lawyer, Michael Cohen.
May 21, 2018 at 06:56 PM
3 minute read
The U.S. Attorney's Office for the Southern District of New York said late Monday that it “takes no position” in the hotly contested pro hac vice request by attorney Michael Avenatti to appear before U.S. District Judge Kimba Wood on behalf of his client, adult film performer Stephanie Clifford, who goes by the stage name Stormy Daniels.
The government was directed by Wood earlier in the day to alert the court whether it would join attorneys for Michael Cohen, President Donald Trump's personal lawyer, in opposing Avenatti's application.
In staying out of the fray, federal prosecutors were seen by observers as steering clear of a bitter back-and-forth between an interested, but outside, third party, and the potential target of future criminal prosecution by the office.
“Safe move,” Patterson Belknap Webb & Tyler partner Harry Sandick, himself a former federal prosecutor in the office, said about the decision in a post on Twitter.
In a separate Twitter post, Avenatti himself characterized the situation as “the government is NOT opposing my application to be admitted pro hac vice.”
“I remain confident that Mr. Cohen's attempts to exclude me from the case will fail for the reasons we provided,” he said. He declined to elaborate beyond his post in a follow-up email.
Cohen's attorney, McDermott Will & Emery partner Stephen Ryan, did not respond to a request for comment. He has, however, in prior filings argued that Avenatti's disparaging public statements about Cohen, as well as his release of banking information that showed millions deposited shortly after Trump's victory in 2016 from foreign and domestic companies into a bank account Cohen previously used to pay Avenatti's client $130,000 as part of a now-contested hush agreement, amounted to Avenatti creating a “carnival atmosphere” around Cohen and the current legal proceeding in Manhattan.
While the government Monday stated it took no position on Avenatti's pro hac vice application, it did ask the court to continue to hold Clifford's motion to intervene in the matter before Wood in abeyance until June. The government's letter noted the request was made with the consent of Avenatti.
Wood is overseeing a process of reviewing material seized by federal agents from Cohen's offices and home as part of a search warrant in April. Cohen raised concerns about material in the government's possession that could be subject to attorney-client privilege. Former Southern District judge and current Bracewell partner Barbara Jones was named by Wood as a special master to handle the initial review.
One of the intervenors already allowed into the matter has so far declined to weigh in on Avenatti's request. Spears & Imes partner Joanna Hendon, counsel for Trump in the matter before Wood, has not filed papers on the matter. She did not respond to a request for comment Monday on the battle over Avenatti's pro hac vice application.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLaw Firms Expand Scope of Immigration Expertise Amid Blitz of Trump Orders
6 minute read'Reluctant to Trust'?: NY Courts Continue to Grapple With Complexities of Jury Diversity
Trending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250