New York’s leading minds in law and politics — including former Gov. David Paterson and Fordham Law School Dean Emeritus John Feerick — are coming together to discuss changing the state constitution to provide a procedure for gubernatorial succession if the state’s highest official cannot serve due to illness or incompetence. The discussion will also … Continued
As a new term of the Supreme Court begins, it is good to look back at what has gone before and at what that might tell us about the Court and what we might expect to come. There is a six-justice majority of Republican appointees on the current court. They are decidedly more politically conservative … Continued
The job of New York’s chief administrative judge is equal parts problem-solver, relationship-builder and collaborative consensus-builder. Responsibilities of the position include, but are not limited to, ensuring that things run smoothly at some 300 courthouses statewide, managing a $3.3 billion annual budget, boosting the morale of a 15,000-member non-judicial workforce still regrouping after the COVID … Continued
President Richard Lewis (fourth from right) and President-Elect Domenick Napoletano (far left) have met with more than 50 bar associations across the state since June. During the first 150 days of my presidency, I have crisscrossed the state, meeting with as many leaders of affinity, local, county, national and international bar associations as possible. Our listening … Continued
What does it mean to be a quality appellate attorney? What are essential elements of appellate representation? Should there be a difference in the caliber of representation for clients who retain counsel and those who are entitled to assigned counsel – so-called “mandated representation” or “public defense” for criminal and family cases? Those were among … Continued
This article contains the annual review of new legislation amending the Penal Law (PL), Criminal Procedure Law (CPL) and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details. In some instances, where indicated, legislation enacted by both houses … Continued
Attorneys have an obligation to maintain records of all client communication (as well as many other communications with third parties).[1] We are further often tasked with obtaining communications as part of the discovery process. However, while technology has made communication faster and simpler, it has also created a morass of record keeping.[2] Clients also have … Continued
Third-party litigation lending is booming, but at whose expense? Litigation loans are advance payments to individuals or companies to finance lawsuits in exchange for a portion of the potential legal recovery. Demand for this lending has substantially increased “with no signs of slowing down,” according to Westfleet Advisors, which tracks the industry.1 Moreover, the industry … Continued
Price fixing, bid rigging, and market manipulation are the tactics you might see at the heart of a financial thriller or a case of corporate corruption. A federal investigation to break up a coordinated conspiracy involving all three rocked the oil industry in 2006. The Marine Hose Cartel was an organized criminal enterprise made up … Continued
“An ounce of prevention is worth a pound of cure.” – Benjamin Franklin Americans rely heavily on their retirement savings, and for many, these are the most significant assets right next to their home. According to Investment Company Institute, as of December 2022, there were $33.6 trillion in total U.S. retirement assets. Unfortunately, the division … Continued