New York Court of Appeals

We’ve previously discussed how Mid-Atlantic law schools are having to shuffle their class schedules because of Hurricane Sandy.

Cancelling classes is the easy part. It’s not clear that current students are even capable of taking notes in class without power.

But classes cancelled this week need to be made up next week. Not because the extra teaching is all that crucial, but because the ABA and various state bars mandate a certain number of classroom hours for law students. It’s regulation at its worst: they can’t directly measure what matters (are kids getting a quality education), so they mandate an arbitrary figure that at best means nothing.

At worst, it forces schools to jump through hoops to meet the requirements even during times of hardship. At Rutgers Law-Newark, they’re looking to have finals right up until the holidays. At NYU Law, their best solution is just to make classes excruciatingly long to make up the hours…

double red triangle arrows Continue reading “NYU Law Students Can Blame Sandy (And The ABA) For Their Super-Long Classes”

* While the mainstream media may claim the presidential race between Barack Obama and Mitt Romney is neck-and-neck in a dead heat, the majority of Am Law 200 managing partners are predicting the incumbent will be reelected for another four years. [Am Law Daily]

* In the meantime, infamous media whores Donald Trump and Gloria Allred have both promised “October surprises” for our presidential candidates. Guess we’ll finally find out what they’re yapping about later today after Allred gets back from court and the Don tweets. [ABC News]

* “These lawyers are my kind of scum. Fearless and inventive.” Raj Rajaratnam’s attorneys plan to appeal his insider trading conviction later this week on claims that the government improperly wiretapped him. [DealBook / New York Times]

* There’s no way this statute is going to be pushed back into the closet. New York’s Court of Appeals rejected a challenge to the state’s gay marriage law on the basis of a violation of open-meeting laws. [Bloomberg]

* Lindsay Lohan’s father wants a judge to place the fading star under a conservatorship. Hey, it worked for Britney Spears, right? And on the plus side, it’s a great way to get her name back into the news. [CNN]

Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”

Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….

double red triangle arrows Continue reading “New York Judges at Opposite Poles Over Tax Treatment of Nude Dancing”

Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.

New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.

Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….

double red triangle arrows Continue reading “Stripper Law: A Potpourri of Pleadings From the Pole”

Talk about a pole tax…

* Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]

* Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]

* Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]

* The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]

* “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]

* Have you ever wondered why Justice Clarence Thomas hasn’t spoken during oral arguments before SCOTUS in more than six years? It’s probably because he hates them so much that he thinks we should “do away” with them entirely. [Charlotte Observer]

* Former Solicitor General Paul Clement, he of unparalleled oral advocacy skills, claims that there’s “no magic formula for time management” — but having a superior legal mind certainly helps the situation when preparing for argument. [Appellate Daily]

* It’s “highly likely” that Rajat Gupta will won’t take the witness stand to testify in his own defense at his insider-trading trial. Query what Benula Bensam would have written to Judge Rakoff about that. [Los Angeles Times]

* If you’re thinking of hopping on the “blame the ABA” bandwagon in defense of your employment statistics, think again. A federal judge rejected Cooley Law’s argument on that front last week. [National Law Journal]

* Meanwhile, Cooley “isn’t interested in reducing the size of its entering class on the basis of the perceived benefit to society,” but at least ten other schools will be reducing class sizes. [Wall Street Journal (sub. req.)]

* A judge denied Jerry Sandusky’s motion to dismiss the charges against him. The former football coach clearly needed 1-800-REALITY check if he seriously thought that his request was going to be granted. [CNN]

* If you’re planning on living rent-free in New York City for almost a decade, make sure you’re doing it in a building that isn’t up to code. You’ll never be evicted thanks to this Court of Appeals ruling. [New York Times]

Steven Simkin: now with neckwear.

Remember Steven Simkin, the prominent Paul Weiss partner who sued his ex-wife for a better divorce deal? Simkin argued that even though he negotiated for and obtained the couple’s investment account with one Bernard Madoff as part of their 2006 separation agreement, his former wife should now pay him more money — since it was subsequently revealed, years later, that Madoff was running a huge Ponzi scheme.

As you may recall, I was not terribly sympathetic to Simkin. In my view, an expert negotiator like Simkin — the head of PW’s real estate practice, who was also represented by separate counsel in the divorce — should be required to live with the bargain he struck. In negotiating for and taking on the Madoff account, he also took on the risks associated with that investment.

An intermediate appeals court sided with Simkin. But now New York’s highest court, the Court of Appeals, has spoken….

double red triangle arrows Continue reading “New York Court Rules on Biglaw Partner’s Request for a Divorce Deal Do-Over”

* Wait, is this real? People actually sued al-Qaeda and expect to be paid billions of dollars in damages? Seriously? Having a major “what is this I don’t even” moment over here. [Bloomberg]

* Judith Kaye is the new centerfold for the New York State Court of Appeals. She’s the first woman in history whose portrait will hang in the state’s highest courtroom. [New York Law Journal]

* Thompson Hine partner Leslie Jacobs was charged with tax fraud last week. As could be expected, the Biglaw firm now wants nothing to do with him. [Am Law Daily]

* Another law firm’s confidential files mysteriously ended up in the garbage, but this time at a Georgia newspaper’s office. Just as an FYI, our office is located in New York. [Gainesville Times]

* GTL doesn’t just stand for “Gym, Tan, Laundry” anymore. Apparently, it also stands for “Get The Lawyer.” The Situation is suing a guido lifestyle company for trademark infringement. [Examiner]

* Lindsay Lohan’s alleged probation violations might send her back to the slammer, but she doesn’t want to be made “an example of” in court. Sweetie, it’s called “a mockery.” [Daily Mail]

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