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December 16, 2024 | New York Law Journal

Presidential Immunity Doesn't Block Trump's NY Criminal Prosecution, Judge Rules

Acting Manhattan Supreme Court Justice Juan Merchan declined to dismiss Trump's New York case based on presidential immunity, but still he was still considering a final motion to set aside in the interests of justice.
3 minute read
December 16, 2024 | New York Law Journal

Lateral Attorney Transitions Under the Ethics Rules

Law firms hiring lateral lawyers should be careful that they are not conflicting themselves out in the process. This is because a lateral lawyer’s conflicts are imputed to the new firm under the Rules of Professional Conduct, two Mound Cotton Wollan & Greengrass partners write.
8 minute read
December 16, 2024 | New York Law Journal

Upstate Judge Resigned Amid Probe Into Excessive Bail, Derision of Litigants, Judicial Conduct Body Says

A Schenectady County town court justice is resigning on Dec. 31 amid the Commission on Judicial Conduct's investigation that he told local officials that litigants in his court were "animals," and sarcastically stated he found it "debatable" that a certain assistant public defender was an actual lawyer.
5 minute read
December 16, 2024 | New York Law Journal

Judges Association and NY State Bar Frown on Hochul's Veto of Bill to End Retirement Penalty for Judges Who Die in Office

The Association of Justices of the Supreme Court of the State of New York and New York State Bar Association expressed their disappointment with the veto of the bill, starkly coined as the "Death Gamble Bill." Gov. Kathy Hochul said she was concerned about the lack of a dedicated funding source.
5 minute read
December 16, 2024 | New York Law Journal

Justices Pass on Service Providers' Challenge to NY's Broadband Rate Caps

By rejecting the petition for review, the Supreme Court leaves intact the Second Circuit's 2-1 ruling that allowed the 2021 law to take effect.
3 minute read
December 16, 2024 | New York Law Journal

US Supreme Court Declines to Review Ex-New York Lt. Gov. Brian Benjamin's Case, Paving Way for Trial

In a petition for writ of certiorari filed in August, defense attorneys Barry Berke and Dani James of Gibson, Dunn & Crutcher asked the justices to consider whether a heightened quid pro quo standard is required in bringing certain corruption cases.
2 minute read
December 16, 2024 | New York Law Journal

Former Top Aide to NYC Mayor Eric Adams Expects Imminent Indictment, Her Lawyer Says

The charges that will likely be brought against Ingrid Lewis-Martin were not immediately clear, though defense attorney Arthur Aidala told reporters during a news conference that he believed the case was related to allegedly improper gifts.
3 minute read
December 16, 2024 | New York Law Journal

New York Court of Appeals Tightens Pleading Standards Against Insurance Policyholder

In a recent split decision by the New York Court of Appeals in an insurance litigation case, the majority declined to extend a statute of limitation because, in its view, the insured’s complaint did not contain enough specific information about why the repairs were not completed within two years.
7 minute read
December 16, 2024 | New York Law Journal

Corporate Confidentiality Unlocked: Leveraging Common Interest Privilege for Effective Collaboration

In the complex realm of corporate litigation, the sanctity of attorney-client privilege is often the backbone of a robust defense strategy. Yet, the scope of this privilege can blur when multiple corporations collaborate with separate legal teams. In such situations, the common interest privilege (CIP) becomes a crucial tool, enabling corporations with distinct legal counsel to share information and strategize jointly without forfeiting confidentiality.
11 minute read
December 16, 2024 | New York Law Journal

Diverging Standards to Invoke the EFAA in the Southern District

The authors write "Enacted in 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”), amended the Federal Arbitration Act (the “FAA”) so that in cases 'alleging conduct constituting a sexual harassment dispute or sexual assault dispute,' a claimant is not bound by an otherwise valid arbitration agreement. 9 U.S.C. §402(a). The EFAA is expansive in scope; it captures virtually every such case that could be filed in a court in the United States."
9 minute read

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