Inside the day that led to Michael Flynn’s guilty plea
On the day that set in motion former national security adviser Michael Flynn’s guilty plea and cooperation with the special counsel, President-elect Donald Trump was ensconced at his Mar-a-Lago resort, contending with the latest news from the Obama White House. It was Dec. 29, 2016, and President Barack Obama had just imposed sanctions against Russia […]
Obama issues new sanctions threat over cybertheft
WASHINGTON — Somber against a backdrop of grand pageantry, President Barack Obama laid out a fresh threat of sanctions against China for alleged cybercrimes on Friday, even as he and Chinese President Xi Jinping reached an agreement not to conduct or support such hacking. “It has to stop,” Obama declared. The president, in a Rose […]
eDiscovery Update: The road to sanctions is paved with good intentions
The road to hell is paved with good intentions. In the matter of Alberta LTD v. Fossil Industries Inc., (Supreme Court of New York, Commercial Division, Order dated Sept. 8, 2014), hell was the court sanctioning defendants for discovery lapses. The good intention was on the part of the defendant who used an email archiving […]
Second Circuit – Sanctions: Universitas Education LLC v. Nova Group
U.S. Court of Appeals for the Second Circuit – Sanctions – Collection on Behalf of Plaintiff Universitas Education LLC v. Nova Group 13-4151-cv Judges Pooler, Raggi and Hall Background: The defendant appealed from an order sanctioning it by requiring it to deposit $30 million with the court clerk. This amount represented the amount […]
Regulators sanction Standard Chartered Bank
ALBANY (AP) — New York regulators have reached agreement for Standard Chartered Bank to pay a $300 million penalty and suspend dollar exchanges through its New York branch for high-risk retail business clients at its SCB Hong Kong subsidiary. The Department of Financial Services says the order signed Tuesday follows the bank’s failure to fix […]
Second Circuit — Sanctions: Ransmeier v. UAL Corporation, et al.
U.S. Court of Appeals for the Second Circuit Sanctions Attorney and Litigant Misconduct Ransmeier v. UAL Corporation, et al. 11-175-cv(L) Judges Hall and Carney Background: After an appeal from a judgment, the Second Circuit affirmed the court’s judgment denying the appellant’s motion to intervene. The Second Circuit further ordered the appellant and her attorney to […]
WDNY — Sanctions: Muhammad v. Wal-Mart Stores East LP
U.S. District Court, WDNY Sanctions Loose Pleading Muhammad v. Wal-Mart Stores East LP 10-cv-6074-cjs Judge Siragusa Background: In an action for employment discrimination under the Americans with Disabilities Act and Title VII, the district court had ordered the plaintiff’s counsel to show cause why sanctions should not be levied for counsel’s misrepresentations to the court. […]
Second Circuit — Sanctions: SEC v. Smith, et al.
U.S. Court of Appeals for the Second Circuit Sanctions Appellate Jurisdiction — Trust Assets SEC v. Smith, et al. 11-3843-cv(L) Judges Winter, Livingston and Rakoff Background: A proceeding was brought to remedy securities fraud and recover assets to be distributed to the victims of the fraud. Several defendants appealed from an order imposing sanctions and authorizing […]
Second Circuit — Sanctions: Mitchell v. Lyons Professional Servs., Inc.
U.S. Court of Appeals for the Second Circuit Sanctions Attorney Misconduct — Dismissal of Motion Mitchell v. Lyons Professional Servs., Inc. 10-5100-cv Judges Winter, Raggi and Chin Background: The plaintiffs appealed from an order that denied their motion to execute a monetary judgment entered as a sanction for attorney misconduct. The misconduct centered on plaintiff’s […]
Gov’t outlines HSBC ties to drug money laundering
WASHINGTON — British bank HSBC violated the Bank Secrecy Act in connection with the laundering of money from narcotics drug traffickers in Mexico and intentionally allowed prohibited transactions with Iran and other nations that have been under sanctions, the Justice Department alleged Tuesday. In court papers filed in federal court in Brooklyn, the federal government […]
Judge denies Apple’s bid for Samsung sanctions
SAN JOSE, Calif. — A federal judge has denied Apple Inc.’s demands for an immediate victory in a multibillion-dollar patent trial as punishment for Samsung Electronics Inc.’s decision to issue a controversial press release on the first day of testimony. The San Jose Mercury News reported Friday (http://bit.ly/T6ztfV) that U.S. District Judge Lucy […]
Second Circuit — Sanctions: Gallop v. Cheney
U.S. Court of Appeals for the Second Circuit Sanctions Motion to Disqualify — Frivolous Appeal Gallop v. Cheney 10-1241-cv Judges Winter, Walker and Cabranes Background: The Second Circuit had imposed sanctions on the plaintiff’s counsel for filing a frivolous appeal from a judgment of district court dismissing her complaint. The plaintiff’s complaint alleged that the […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith