ECBA defeats motion to quash subpoena issued pursuant to 28 U.S.C. § 1782

The Southern District of New York denied efforts to quash a subpoena ECBA had obtained on behalf of a foreign national to gather documents in the United States in aid of proceedings in Switzerland arising from the Bernard Madoff Ponzi scheme. ECBA attorneys O. Andrew F. Wilson and Sam Shapiro successfully argued that the materials were appropriately subject to the statutory and discretionary requirements of 28 U.S.C. § 1782. The matter is now on appeal to the Second Circuit.

To read the opinion, click here.


Federal Judge Rules that Roger Clemens must turn over communications with public relations strategist and sports agent

On January 30, Magistrate Judge Cheryl Pollak ruled that communications between Clemens and baseball agent Randy Hendricks and public relations strategist Joe Householder are not shielded by the attorney-client privilege or work product privilege and denied Clemens’ motion to reconsider her September 2013 decision. Clemens has appealed Magistrate Judge Pollak’s decision.

To read more, click  here.



Taxi and Limousine Commission’s (TLC) E-Hail Pilot Program Can Go Forward

The New York Supreme Court, Appellate Division, First Department, has unanimously affirmed the State Supreme Court’s ruling that the Taxi and Limousine Commission’s (TLC) E-Hail Pilot program can go forward. The Appellate Division found that the Pilot Program, which tests out the use of E-Hail Apps in the NYC’s yellow taxicabs, is a valid exercise of the TLC’s authority and complies with all applicable laws. Owners and operators of the City’s taxicab fleets, represented by Richard D. Emery, Elizabeth S. Saylor, and Jennifer Keighley, of ECBA, intervened in the case on behalf of the TLC.

For more information on the case, please read the New York Post article  here as well as the New York Daily News article  here.


United States District Judge Dismisses Case Against Newsday

In a comprehensive decision granting summary judgment, United States District Judge Joseph F. Bianco dismissed all federal claims against the Newsday its former publisher Timothy Knight, former editor John Mancini, and current reporter, Mark Harrington and others, and declined to assert pendant jurisdiction over the remaining state claims. The complaint had alleged that plaintiff Anthony Conte’s nascent businesses, TV Time and TV Week, overseen by his company I Media, were destroyed by a vast conspiracy that purportedly included the defendants and an array of law enforcement officials who Mr. Conte has sued in a related case also brought in the Eastern District.  Newsday, its executives and its reporter are represented by ECBA partners Andrew G. Celli, Jr. and O. Andrew F. Wilson.