Latest Publications


The Flip Of A Coin: Alternative Currencies

Deep Web, Bitcoin, Silk Road…together, what might these words mean? Bitcoin is an open-source alternative currency that can often be used without revealing your identity....more

1/3/2014 - Bitcoins Silk Road Virtual Currency

The Problem Of Prescription Drugs In New York

With the Internet System for Tracking Over Prescribing (I-STOP) program, New York hopes to grapple with the problem of addicts and doctor shoppers and reduce the flow of illicit prescription drug use. ...more

12/31/2013 - Doctor Shopping I-STOP Law

Jury Decides Against Wrongful Death Verdict In Jackson Case

I talked earlier about the deposition of the children of Michael Jackson as part of the wrongful death action brought by their maternal grandmother, Katherine Jackson after the death of her son, pop star Michael Jackson. ...more

12/27/2013 - Drug & Alcohol Abuse Michael Jackson Wrongful Death

Justice Department: What About Those Wiretaps?

In July, the Justice Department acknowledged that terrorist suspects must be notified if government surveillance programs produced evidence being used against them. The statement relates to Alam Qazi and Sheheryar Alam Qazi,...more

12/24/2013 - ACLU DOJ Surveillance Wiretapping

Insider Trading Fells SAC

First JPMorgan Chase agrees to accept fault for manipulating the market, then SAC Capital Advisors makes financial history the wrong way — by accepting a record $1 billion fine and agreeing to admit to insider trading...more

12/20/2013 - FBI Fines Hedge Funds Insider Trading SAC Capital

Revolving Doors: Anthony Marshall Out Again

I talked earlier about fiduciary duty and the conviction of Anthony D. Marshall, the son of Brooke Astor, on charges that he breached that duty while handling her financial affairs at the end of her life. In a six-month...more

12/17/2013 - Brooke Astor Elder Abuse Elder Issues Estate Planning Exploitation Fiduciary Duty Financial Crimes Fraud

The Curious Case Concerning Edward Snowden

In June, the United States filed criminal charges against Edward J. Snowden. The charges were expected in light of the disclosure by Mr. Snowden of top secret information about United States and British domestic spying...more

12/13/2013 - Edward Snowden Espionage NSA Russia Surveillance

A Whale Of A Tale: JPMorgan Accepts Fault

In a legal and regulatory scandal once described by JPMorgan CEO Jamie Dimon as a tempest in a teapot, the bank agreed in October to pay a $100 million fine and admit wrongdoing, which is an unprecedented move the bank...more

12/10/2013 - CFTC Compliance JPMorgan Chase

Predicting The Fraud Risk Of CEOs And CFOs

An interesting new study crossed my desk the other day. Three researchers conducted a study of “off-the-job” behaviors of chief executive officers and chief financial officers at companies subject to fraud claims by the...more

10/15/2013 - Corporate Fraud SEC

Beware: Federal Investigators Can Know Where You Roam In Texas, Louisiana And Mississippi

Recently newsworthy: the competing interests of privacy versus security when it comes to the government’s collection of telephone call data from Verizon and other carriers. A recent decision by the U.S. Court of Appeals for...more


If You Are A New York Homeowner Facing Foreclosure, You May Have Rights To A Court-Mandated Settlement Conference … Even If Your...

If you are one of New York’s many homeowners behind in mortgage payments and have been served with a foreclosure complaint, New York law may offer you an important right — to meet with your lender to try to work out a...more


ACLU V. NYPD: Is It Legal To Single Out Muslims For Surveillance?

The American Civil Liberties Union, the New York Civil Liberties Union and the CLEAR Project of Main Street Legal Services at the CUNY School of Law recently filed a lawsuit against the New York City Police Department. At...more

10/3/2013 - ACLU Muslims NYPD Racial Profiling Religious Discrimination Surveillance

Let’s Make Kendra’s Law Permanent … And Enforce It

In 1999, Kendra Webdale was waiting for an N train at the 23rd Street subway station under Broadway. Suffering from schizophrenia and not taking his medications, Andrew Goldstein pushed Kendra onto the tracks into the path of...more

9/30/2013 - Homicide Kendra's Law Mental Illness Train Accidents Trial Court Orders

If You Bring A Civil RICO Claim Against One Of Our Clients, You’d Better Be Blameless

The Racketeer Influenced and Corrupt Organizations Act, otherwise known as RICO, is a federal law aimed at prosecuting leaders of organizations when they order or assist others in racketeering. A common example is a...more

9/26/2013 - Racketeering RICO

Can You Learn To Organize An Anti-Israel Boycott At Summer Camp In New York?

Apparently a Quaker group thinks so. According to its website, the American Friends Service Committee is “a Quaker organization devoted to service, development, and peace programs throughout the world.”...more

9/23/2013 - Israel/Palestine NYCHRL Political Organizing

Why The George Zimmerman Jury Got It Right

A criminal jury trial is not a popularity contest. In the days following the jury’s decision that George Zimmerman was not guilty of the second-degree murder or manslaughter of Trayvon Martin, the press reported on...more

9/17/2013 - George Zimmerman Jury Verdicts Stand Your Ground Laws Trayvon Martin Shooting

New York City Appellate Division Upholds Dismissal Of Soda Ban

Mayor Bloomberg’s crusade to ban the sale of large-sized sodas and other sugary beverages has come to an end since a New York Appellate Division recently ruled to uphold a lower court ruling blocking legislation proposed by...more

9/16/2013 - Dismissals Michael Bloomberg Soda Bans

Are Facebook And Myspace Posts Really Private?

It may seem like an invasion of privacy, but your Facebook and MySpace comments can be admissible against you in a court of law in New York. Your privacy settings are not particularly relevant to judges who rule on...more

9/10/2013 - Facebook Privacy Laws Reasonable Expectation of Privacy Social Media

What Does It Take To Pierce The Corporate Veil?

New York has set a high bar for individuals seeking to “pierce the corporate veil,” which is by definition attempting to sue corporate officers or limited liability company owners directly for damages. Usually a corporation...more

9/9/2013 - Corporate Veil Damages Litigation Strategies LLC Officers

Merrill Lynch Manager Tells Female Analysts To Seduce The Old Boys Club

Three female financial advisors at Merrill Lynch’s Manhattan-based flagship offices claim that they were subjected to gender discrimination at the hands of an overbearing boss, according to court documents filed in New York...more

9/4/2013 - Civil Rights Act Discrimination Employer Liability Issues Gender Discrimination Merrill Lynch NYCHRL Sexual Harassment Title VII

Did “Biggest Loser” Contestant Violate Endorsement Contract By Gaining Weight?

Fitness sponsor, FC Online Marketing, Inc. (FCOM), is suing Tara Costa — a 2009 contestant on “The Biggest Loser” — in federal court for gaining too much weight after entering into an agreement to become a representative of...more

9/2/2013 - Celebrities Celebrity Endorsements

No Warrant Needed For Cellphone Data, Federal 5th Circuit Judges Rule

A panel of three federal judges ruled on Tuesday, July 30, 2013, in a 2-to-1 decision that police officers in the Fifth Circuit need only a court order (not a search warrant) to obtain access to locational data from your cell...more

8/28/2013 - ACLU Cell Phones Data Collection Police Reasonable Expectation of Privacy

Prosecutors React To Rise In Violent Theft Of Smart Phones, Put Stop To “Apple-Picking”

Criminals have an economic incentive to steal your smartphone. Several websites offer to pay top dollar for your old mobile devices and some kiosks allow you to deposit mobile devices anonymously into a repository for an...more

8/27/2013 - Criminal Prosecution Proposed Legislation Smartphones Theft

Email Salutation Creates Legally Binding Offer To Settle, NY Sup. Ct. Rules

You can lose a great deal with the click of a send button, especially since the New York Supreme Court handed down a ruling affirming that an email salutation was sufficient to create a valid and binding offer to settle,...more

8/23/2013 - Contract Formation Email

Wall Street Brokers: Why FINRA Says It Needs Access To Your Facebook Account

Wall Street brokers were recently surprised to learn that regulators at the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) are vying to gain access to their personal and...more

8/21/2013 - Broker-Dealer FINRA SEC Social Media

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