New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | January 13, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including: a denial of the government's motion for a partially sequestered jury in a terrorism trial and grant of its motion for an anonymous jury; and a holding that a law firm was not entitled to insurance coverage for damages caused by the potential presence of COVID-19 in its offices or by an Executive Order requiring a 100% reduction of the in-person workforce.
New York Law Journal | Analysis
By Frederick T. Davis | January 13, 2022
The decision is being appealed by the DOJ to the U.S. Court of Appeals for the Fifth Circuit.
New York Law Journal | Analysis
By Paul Shechtman | January 12, 2022
Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?
By Tom McParland | January 11, 2022
U.S. District Judge Jesse M. Furman noted that noting that the Southern District's protocols have been "quite effective" but cautioned that he would revisit the decision "in the event there is reason to do so."
New York Law Journal | Analysis
By Todd S. Fishman | January 11, 2022
As the answers begin to emerge in the new year, two active criminal prosecutions by the Antitrust Division are likely to frame any renewed priority on criminal enforcement.
New York Law Journal | News|Profile
By Meghann M. Cuniff | January 10, 2022
A rule change in the Central District of California ended an unusual practice of other judges deciding recusal motions targeting their colleagues. Now an unusual request in Michael Avenatti's cross-country criminal cases is putting a California trial record before a judge in the Southern District of New York.
By Jane Wester | January 10, 2022
Lawyers for ex-President Donald Trump argued that NY AG Letitia James has "exhibited a clear and profound hatred" for Trump since before she was attorney general. James has dismissed the accusation as part of a delaying tactic.
By Jane Wester | January 7, 2022
Roger Ng's defense attorney, Marc Agnifilo of Brafman & Associates, opposed the government's request for a delay, saying that Ng and his defense team are ready for trial and are open to some witnesses testifying by videoconference if necessary.
By Jane Wester | January 7, 2022
Albany County DA David Soares previously criticized the Albany County Sheriff's Office for filing the complaint "unilaterally and inexplicably" while the DA's office was still working on its case.
By Jane Wester | January 6, 2022
Albany County District Attorney David Soares said that one hurdle to prosecuting the case against Cuomo was that the former governor's conduct was the subject of multiple governmental inquiries, which caused "significant technical and procedural hurdles related to discoverable materials."
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