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Historic Settlement in Pennsylvania

ECBA has settled the 2016 Pennsylvania recount case brought by presidential candidate Jill Stein and Pennsylvania voters. The lawsuit challenged Pennsylvania’s use of paperless voting systems, as well as its byzantine, anti-voter recount procedures.

The settlement requires Pennsylvania to provide voter-verifiable paper ballots to all voters by 2020, and automatic, robust, statewide election audits by 2022.

“With this settlement, Pennsylvania will go from an election integrity backwater to a national leader,” said Ilann M. Maazel. “We will be watching closely to ensure Pennsylvania implements every one of these important election reforms.”

The Pennsylvania plaintiffs are represented by Ilann M. Maazel, Ali Frick, and Doug Lieb, as well as co-counsel Montgomery McCracken Walker & Rhoads. In addition, Jonathan Abady and Andrew G. Celli Jr. represented the overall Stein 2016 recount effort.

The settlement can be found here. The press release is here.

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ECBA Files Class Action Complaint on Behalf of Victims of Brooklyn DA’s Illegal Wiretap Operation

On November 26, 2018, ECBA, along with co-counsel Wiggin & Dana LLP, filed a class action complaint against Tara Lenich, the City of New York, Brooklyn DA Eric Gonzalez, and other employees of the Kings County District Attorney’s Office (“KCDAO”). The complaint alleges that Tara Lenich, a supervisor at the KCDAO, used KCDAO equipment and facilities to conduct an illegal wiretapping operation. For approximately eighteen months, Lenich illegally intercepted phone and text communications that were sent to and from a fellow KCDAO attorney and a NYPD detective. Lenich is currently serving a federal prison sentence as a result of her misconduct. The complaint, which was filed on behalf of all people who communicated with the attorney and/or the detective, alleges that the putative class members had their communications unlawfully intercepted in violation of the federal Wiretap Act.

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Ilann M. Maazel speaks at 2018 PILnet Global Forum in Berlin

Nov. 14, 2018: Ilann M. Maazel spoke at the 2018 PILnet Global Forum in Berlin. The Global Forum is an annual international gathering of leading public interest lawyers throughout the world. Ilann’s panel presented Alternative Business Models for Public Interest Lawyering, including the ECBA public interest/commercial law firm model. The other panelists were Kimberley Motley, Amelia Weidner, and Gearóid Ó Cuinn.

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Jury Awards $14.3 Million for Wrongful Police Shooting

November 2, 2018 –

Yesterday, a Manhattan federal court jury awarded $14.325 million to the Estate of John Collado, who was shot and killed by a New York City police officer in the Inwood neighborhood of Manhattan on September 6, 2011. The jury found that the officer, James Connolly, used excessive force when he shot and killed Mr. Collado.

Mr. Collado was shot for being a Good Samaritan. The shooting occurred when Connolly, who was working as a plain-clothes narcotics officer, got into a fight with a suspect on the street, and Mr. Collado, who was unarmed, tried to break it up.

Connolly testified that he shot Mr. Collado because Mr. Collado put him in a choke hold – but the jury specifically found that was false. The jury found that Connolly’s story did not hold up against the witnesses’ testimony, the forensic evidence, and the video evidence. Since the shooting, Connolly has been promoted by the NYPD; he is now a sergeant.

“My husband was a loving, caring man who was doing nothing more than trying to help,” Mr. Collado’s wife, Amarilis Collado, said. “This verdict is confirmation that John should never have been killed that day. After seven years of fighting, I finally feel like justice has been served,” Mrs. Collado added.

“The jury thoughtfully considered the evidence in this case and determined that what happened here was wrong, and that the Collado family is deserving of a significant award,” said ECBA partner Sam Shapiro. Mr. Shapiro and ECBA partner Earl Ward represented Mrs. Collado.

This case was covered in the New York Daily News, available here.

 

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Consumer Fraud Class Action Filed Against Donald J. Trump, his Corporation, Donald Trump Jr., Eric Trump, and Ivanka Trump

ECBA, along with the law firm of Kaplan Hecker & Fink LLP, has filed a nationwide class action lawsuit on behalf of four individuals and a putative class against Donald J. Trump and the Trump Corporation, as well as Donald Trump, Jr., Eric Trump, and Ivanka Trump, alleging that Plaintiffs were victims of three businesses promoted by Mr. Trump, in his personal capacity, and the other defendants. The Complaint alleges that Mr. Trump and the other defendants conspired to deceptively endorse a series of sham businesses including ACN, the Trump Network, and the Trump Institute.  In exchange for undisclosed endorsement fees, the Complaint alleges, defendants promoted these businesses with the power of the Trump brand — all to persuade vulnerable parties such as the Plaintiffs to invest in opportunities defendants knew had little chance of success.  The filing was covered by, among other outlets, the New York Times.

 

Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Katie Rosenfeld, and O. Andrew F. Wilson are leading the team at ECBA for the plaintiffs.

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Ten ECBA Attorneys Named as Super Lawyers; Two Named as Rising Stars

ECBA is proud to announce that partners Richard Emery, Andrew Celli, Matthew Brinckerhoff, Jonathan Abady, Ilann Maazel, Earl Ward, Hal Lieberman, Dan Kornstein, Andrew Wilson, and Elizabeth Saylor were named as Super Lawyers for 2018. Partners Zoe Salzman and Sam Shapiro were named as Rising Stars. The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here.

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Federal Court Sustains Suit Challenging Over-detentions of People Entitled to Release on Bail from New York City Jails

On September 28, 2018, federal judge William H. Pauley III denied a motion by the city of New York seeking to dismiss a proposed class action lawsuit filed by ECBA and co-counsel Romano & Kuan PLLC on behalf of presumptively innocent criminal defendants held for hours or days in New York City jails despite being entitled to release on bail.  The court held that “Plaintiffs adequately allege that their interest in paying bail and being released after paying bail has been infringed by the City’s deliberate indifference.”  The suit alleges that the City is responsible for unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted.  The complaint details a Kafka-esque system where antiquated technology, inadequate staffing, and indifference conspire to keep thousands of New Yorkers each year in jail for hours or days without any legal basis.  The court’s decision ruled that these allegations are sufficient to claim violations of the United States constitution and New York law.  The case will now proceed to discovery.

To read the Court’s decision, click here.
To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBA’s Matt Brinckerhoff Debbie Greenberger, and David Lebowitz, along with Julia Kuan of Romano & Kuan, represent the plaintiffs.

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ECBA Clients File $380 million Suit Against Sotheby’s

ECBA clients, two trusts named Accent Delight International Ltd. and Xitrans Finance Ltd., filed a complaint in the Southern District of New York against Sotheby’s, one of the world’s largest and most famous auction houses. The Complaint alleges that Sotheby’s helped Yves Bouvier facilitate the largest art fraud in history. As detailed in the New Yorker, Bouvier is alleged to have defrauded the two plaintiff trusts of approximately $1 billion. The new suit alleges that Sotheby’s played a key role in aiding Mr. Bouvier’s scheme by providing valuations and other support for fraudulent transactions. ECBA attorneys Daniel J. Kornstein, O. Andrew F. Wilson, Zoe Salzman, and Doug Lieb represent the plaintiffs. Articles describing the filing can be found here and here.

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