Categories
Criminal Law

Latest “Karen” Has Media Failure: But Don’t Blame Her Blame Her Lawyer.

News Flash: It is not easy to give a proper media interview while you are actively being charged with a crime. That is why most experienced defense lawyers say “NO” when a client proposes giving a media interview to “get their side of the story out.” If that does not work, say “NO” again and […]

Categories
Criminal Law

Avenatti Convicted of Extorting Nike. Lessons to Be Learned.

Michael Avenatti – remember him? He was the lawyer who represented Stormy Daniels, the porn star, in a lawsuit against President Trump. Well hours ago he was was found guilty of trying to extort sneaker giant Nike out of $25 Million. A New York federal jury found Avenatti guilty on three counts, including extortion, wire fraud […]

Categories
General Litigation

NYS Bar Issues New Civility Guidelines for Lawyers

Thanks in large part to the proliferation of social media (and, I would argue, the current WH occupant) civility has been going the way of the horse-and-buggy in public discourse. Emails, Tweets, Instagram, etc etc have made it easy and the norm to be rude, offensive and demeaning in a variety of communication platforms. So […]

Categories
Criminal Law

“Advice of Counsel” Defense is Perilous

President Donald Trump offered a defense Thursday to accusations he broke campaign finance law by directing his longtime attorney/fixer Michael Cohen to orchestrate hush-money payments to conceal at least two of Trump’s alleged affairs: He was just following his lawyer’s advice. His exact statement was put out on Twitter: “I never directed Michael Cohen to […]

Categories
Constitutional Law

What Young Lawyers Can Learn From Watching “Making A Murderer 2”

As my law school semester winds down, I usually like to send a message to my outgoing students who are all 3Ls who will be graduating this May. This semester, there has been a lot of buzz about Netflix’s true crime documentary “Making a Murderer 2” and I can see that it has inspired many […]

Categories
Criminal Law

Is It Legal For an Attorney to Record A Client’s Conversation?

The news that Michael Cohen recorded conversations between him and Donald Trump has led to the usual and predictable firestorm. And in this day and age the usual and predictable firestorm includes “legal experts” on the many cable news channel opining on the legality of a lawyer taping a conversation. Some that I have seen […]

Categories
Criminal Law Litigation

Cohen Search Warrant is Nothing New

The President is screaming that the search warrant executed on the offices Michael Cohen, his longtime attorney, is an attack on our country and a violation of the attorney-client privilege. First of all, 9-11 was an attack on our country; this search is just one step in a long criminal investigation. But Presidential histrionics aside, […]

Categories
Copyright Law Litigation

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]

Categories
Litigation

Top 5 Tips for Lawyers Arguing Their First Appeal

Back in 2010, I wrote an article for this blog on Top 10 Tips for Young Trial Lawyers It remains one of the most viewed and re-viewed articles on my blog. Since its publication, there has not been a week that it has not been viewed. This week, I judged New York Law School’s Wagner […]