April 1, 2015
The Court of Appeals of New York has resolved a long simmering question facing out-of-state attorneys who are barred in New York but reside elsewhere. Can they appear as counsel of record in a New York case? Interpreting Judiciary Law §470, the Court held that an out-of-state attorney must maintain an office for the purpose of transacting law business in New York to be eligible to practice within the state. The issue was presented on a certified question from the U.S. Court of Appeals for the Second Circuit, which will consider whether the statute violates the Privileges and Immunities Clause of Article IV, §2. So this may not be the final word. The case is Schoenefeld v. State of New York, No. 39, NYLJ 1202722163813, at *1 (Ct. of App., Decided March 31, 2015).
March 27, 2015
In December, 2013, the City Paper reported, “Two men want detectives made famous by David Simon to pay after flawed murder convictions put them in prison for decades.”
After a significant victory in the United States Court of Appeals for the Fourth Circuit in one of those cases, the Baltimore Police Department and its Detectives have appealed the decision to the United States Supreme Court. The latest phase of the litigation was covered in today’s Maryland Daily Record. This link to the article is for subscribers only, but we’ll post the reprint as soon as we get it.
March 19, 2015
As fans complete their March Madness bracket sheets for their office pools, many will wonder, if only fleetingly, is this legal? While we will not opine on the legality of such endeavors in this post, we draw your attention to at least one prosecutor’s office that thinks otherwise. Fox News reports that a New Jersey man faces criminal prosecution after the pool he managed grew to an $837,000 pot and payouts were being made to the Genovese crime family. It seems the Know Your Customer rules apply to those running sports brackets as well as banks.