Lawyers: Keep your email address current with the courts' electronic filing systems.
Seriously. It could make or break your case. And you could be publicly shamed. By the Second Circuit Court of Appeals, no less.
Jacoby & Meyers LLP won a Second Circuit Court of Appeals ruling Wednesday, reinstating its legal attack on a New York rule barring non-lawyers from owning an interest in law firms, Bloomberg reports.
The order modifies a previous ruling from the court, which permitted the firm to amend its complaint to include additional state defendants, and challenges to New York Judiciary Law §495 and LLC Law § 201.
Right now, the data from this blog is coming from a server in New York City. The only reason any of us know this is because our servers were temporarily offline after Hurricane Sandy. In fact, you almost never know where the data you are accessing, legally or illegally, is coming from.
Except when you are allegedly stealing that data from your employer.
Antonio Briggs was indicted for substantive and conspiratorial drug crimes. He was arraigned on August 17, 2010. On September 1, 2010, Magistrate Judge Hugh Scott ordered Briggs held without bail pending trial. The district court affirmed that decision, finding that Briggs poses a flight risk and danger to the community.
Briggs has been sitting in jail for two years, and is understandably antsy. He claims that his continued detention violates due process.
The Second Circuit Court of Appeals ruled last week that Briggs' detention doesn't violate due process quite yet, but it might early next year.
The Second Circuit Court of Appeals highlighted the occasional absurdity of the federal appellate process this week when it dismissed an administrative appeal because the appeal wasn't originally filed with the appellate court.
The short version of the ruling: If you get hit with Securities and Exchange Commission (SEC) debarment, appeal directly to a federal appellate court.
The long version, of course, is more interesting because it covers allegations of attorney misconduct.
The Second Circuit Court of Appeals has proposed two new Second Circuit rules, and you have until April 11, 2012 to tell the court what you think of them.
The new rules require disclosure of attorney assistance with court filings, and detail the procedure for appeals of district court attorney discipline orders.
The Second Circuit Court of Appeals ruled this week that two provisions of Rule 7.4 of the New York Rules of Professional Conduct are invalid.
Buffalo attorney J. Michael Hayes challenged the provisions, which mandated disclaimers for attorneys who advertised as legal specialists in various fields, arguing that the disclaimer requirement was unconstitutionally vague and violated his free speech rights.
The Second Circuit Court of Appeals granted Joseph Collins a new trial today, finding that a U.S. District Judge Robert Patterson committed prejudicial error when he failed to disclose the contents of a jury note and engaged in an ex-parte colloquy with a juror accused of attempting to barter his vote.
Collins was convicted of conspiracy, securities fraud, and wire fraud, and sentenced to seven years for his alleged role in a Refco, Inc. multi-billion dollar fraud scam.
As another year comes to an end, we tend to indulge in introspective moments. We analyze our successes and failures, make resolutions anew, and inevitably end up humming David Bowie’s Changes. (As you may recall, some of us around here love David Bowie.)
And handily enough, ch-ch-ch-ch-changes are coming to the Second Circuit Court of Appeals starting January 3, 2012. The Second Circuit will begin using Pay.gov to accept electronic payment from attorneys for various fees that are charged and collected by the court.
First, let’s discuss how that applies to keeping you in front of the court.
It’s a new week with a new rule in the Second Circuit Court of Appeals.
Interim Local Rule 3.1, regarding service of notice of appeal, became effective over the weekend on October 15.
The interim rule states: If a party to a civil action in the district court files a notice of appeal electronically in accordance with the Federal Rules of Civil Procedure and the district court’s local rules, the district clerk may satisfy the service requirements of Federal Rule of Appellate Procedure (FRAP) 3(d) as to a counseled party to the appeal by effecting service electronically.
