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#HimToo: Porter Files Sexual Harassment Complaint Against Upper West Side Building with New York City Commission on Human Rights

ECBA filed a complaint with New York’s Human Rights Commission on behalf of Hairo Olivares, an Upper West Side porter at 315 Riverside Drive who suffered years of sexual harassment by the building superintendent and manager. The complaint alleges, among other things, that the superintendent grabbed Mr. Olivares’s crotch and buttocks and made him an ongoing target of harassment and humiliation. ECBA’s Ilann M. Maazel and Emma L. Freeman represent Mr. Olivares.

To learn more, read coverage from the NY Daily News here.

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ECBA Client LaDonna Powell Profiled on This American Life

The firm’s client LaDonna Powell was profiled in this week’s This American Life.  To listen, click here.  LaDonna and many others were sexually harassed while working at JFK for Allied security.  The podcast describes in detail how she fought back against this harassment.  Elizabeth Saylor, Alanna Kaufman, and David Lebowitz represent Ms. Powell and three other Allied employers who were discriminated against.  To read the amended complaint, click here.

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ECBA Files Employment Discrimination Charge Against NYS Justice Center on Behalf of Patricia Gunning

On May 29, 2018, ECBA filed a charge of discrimination with the federal Equal Employment Opportunity Commission on behalf of Patricia Gunning, a former Special Prosecutor/Inspector General at the NYS Justice Center for the Protection of People with Special Needs. In the charge, Ms. Gunning alleges that James Kiyonaga, who served as Acting Executive Director and Executive Deputy Director during her years at the Justice Center, engaged in a pattern of sexual discrimination and sexual favoritism, creating a hostile work environment. The charge alleges that when Ms. Gunning complained about the abuse, she was retaliated against, leading to her termination. Mr. Kiyonaga currently serves at Executive Deputy Commissioner of the Office of People with Developmental Disabilites.

For more information, read coverage from the New York Post, Times Union, and NY Daily News.

Patricia Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.

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ECBA Sues on Behalf of Community Organization and the Municipal Art Society to Halt Construction of Mega-Tower On Gerrymandered Zoning Lot

On April 25, 2018, ECBA filed a lawsuit on behalf of the Committee for Environmentally Sound Development and the Municipal Art Society of New York seeking to halt the unlawful construction of a 668-foot residential mega-tower at 200 Amsterdam Avenue which, if completed, would be grossly out-of-character with the neighborhood and cast long shadows. The lawsuit alleges that the zoning lot upon which the mega-tower would sit—the only justification for the tower’s height—was cobbled together using partial tax lots, in violation of the New York City Zoning Resolution.

On May 14, 2018, plaintiffs secured their first legal victory in the case, obtaining a Stipulation and Order from the Court preventing the developer from using its continued construction efforts to argue that its rights have “vested” – that is, that construction has progressed to the point that the project can no longer be halted. The developer continues work now at its own peril while the New York City Board of Standards and Appeals decides the pending administrative appeal.

The plaintiffs are represented by ECBA attorneys Richard D. Emery, Katherine Rosenfeld, and Ashok Chandran. A copy of the complaint is available here, and Politico’s coverage of the dispute can be found here.

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Federal Court Orders Law Firm to Produce Documents, Pursuant to 28 U.S.C. § 1782

A federal district judge has ordered the law firm of Akin Gump Strauss Hauer & Feld LLP to disclose documents in response to an ECBA client’s request to obtain discovery in aid of foreign proceedings under 28 U.S.C. s. 1782. The subpoena sought documents for use in open and contemplated proceedings in the British Virgin Islands concerning a dispute over the ownership and management of Future Media Architects, Inc. The decision further clarifies that a law firm may be required to produce documents in aid of a foreign proceeding that involves one of its clients, if discovery is not available from that client directly. The applicant was represented by ECBA attorneys O. Andrew F. Wilson and Ashok Chandran.

A full copy of the decision can be found here.

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ECBA Files Article 78 and Declaratory Judgment Petition on Behalf of City Council and the Council Members

On April 17, 2018, ECBA filed an Article 78 and Declaratory Judgment Petition in New York County Supreme Court on behalf of the Council of the City of New York, Council Member Ritchie J. Torres, Council Member Laurie A. Cumbo, and Council Member Alicka Ampry-Samuel, and against Zachary W. Carter, the Corporation Counsel of the City of New York. The Petition challenges the Corporation Counsel’s assertion that only that office can represent members of the City Council who wish to file friend-of-the-court briefs in their official capacities as Council Members. The City Council and the Council Members allege that both the separation of powers and the First Amendment allow them to retain their own lawyers for purposes of filing friend-of-the-court briefs in their official capacities.

The City Council and the Council Members are represented in this matter by ECBA attorneys Andrew G. Celli and Sam Shapiro.

For more information, read coverage from the New York Times and the New York Post.

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Daniel J. Kornstein Published in the New York Law Journal

O.W. Holmes Jr. and #MeToo

ECBA Partner and New York Law Journal occasional essayist Daniel J. Kornstein writes: “Holmes should be a hero, as yet unsung, of the #MeToo movement. He is sensitive and aware of the embarrassment and shame felt by a victim of sexual assault. He provides new support for any victim criticized for not reporting an incident sooner. Holmes’s comments should be cited in any brief on the point.”

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Federal Judge Allows Emoluments Clause Lawsuit Against Trump To Go Forward

On March 28, 2018, a federal judge sitting in Maryland allowed a landmark lawsuit against Donald Trump, prompted by his violations of the Domestic and Foreign Emoluments Clauses of the United States Constitution, to go forward, rejecting parts of Mr. Trump’s motion to dismiss the case.  On November 28, 2017, ECBA had filed an amicus curiae brief in support of the Plaintiffs on behalf of Sarah P. Chayes, an internationally-recognized expert in corruption and kleptocratic regimes who argued that Trump’s business interests promote corruption, undermine U.S. foreign policy, and threaten American democracy.  The Complaint, which was filed on behalf of the attorneys general of Maryland and the District of Columbia, is available here.  Chayes’s amicus brief is available here.  The New York Times, the Washington Post, Slate, and Vox, among other outlets, have covered this recent development.

ECBA attorneys Ilann M. Maazel and Emma Freeman represent Sarah Chayes.

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ECBA Sues Facebook for Discriminatory Housing Advertising

On March 27, 2018, the law firm of Emery Celli Brinckerhoff & Abady (“ECBA”) filed suit in federal district court against Facebook, Inc. on behalf of the National Fair Housing Alliance (NFHA) and three of its member organizations alleging that Facebook’s advertising platform enables landlords and real estate brokers to exclude families with children, women, and other protected classes of people from receiving housing ads.  The lawsuit alleges that Facebook has created pre-populated lists that make it possible for its housing advertisers to “exclude” (in Facebook terminology) home seekers from viewing or receiving rental or sales ads because of protected characteristics, including family status and sex.

Plaintiffs—NFHA, New York City-based Fair Housing Justice Center (“FHJC”), Miami-based Housing Opportunities Project for Excellence, Inc. (“HOPE”), and the Fair Housing Council of Greater San Antonio (“FHCGSA”)—created a non-existent realty firm and then prepared dozens of housing advertisements that they submitted to Facebook for review.  Facebook provided Plaintiffs with specific lists of groups they could exclude from receiving the ads, including families with children, moms with children of certain ages, women or men, and other categories based on sex or family status. The investigations also revealed that Facebook provides housing advertisers with the ability to exclude certain “interest” categories from receiving ads that are disability-based (e.g., people who are interested in disabled veterans or disabled parking permits) or national origin-based (e.g., people who are interested in English as a second language).

The Complaint alleges that these practices violate the Fair Housing Act and New York City Human Rights Law and seeks declaratory and injunctive relief declaring Facebook’s conduct illegal and requiring Facebook to change its advertising platform and practices to comply with fair housing laws.  The plaintiffs are represented by ECBA attorneys Diane L. Houk, Katherine Rosenfeld, and David Berman

Read the full complaint here.

For more information, read coverage from the New York Times, New York Daily News, Curbed, and New York Law Journal

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