End of the Nondisclosure Agreement? Not So Fast
Confidentiality provisions are very commonly found in every type of settlement agreement. In the #MeToo Era, it is viewed negatively, as though there is a dark conspiracy to pay people off and silence them. In this WSJ article, I comment that confidentiality can also benefit the employee/victim.
Victory on Motion to Dismiss
On April 30, 2013, Judge Baer of the Southern District of New York, dismissed a lawsuit brought against Moskowitz & Book's clients, a South Carolina corporation and its owner, in its entirety. Moskowitz & Book successfully argued in its motion to dismiss that the Court lacked subject-matter jurisdiction over the action.
Motion To Dismiss Students Religious Discrimination Claim Against School District Denied
On December 27, 2012, Judge Spatt of the Eastern District of New York denied Defendants' motion to dismiss claims brought by Moskowitz & Book's teenage client against a public school district and its administrators. The Court held that Plaintiff's allegations of extreme and persistent anti-Semitic harassment by other students at the school and the District's failure to take any action to address the harassment in response to Plaintiff's complaints stated an Equal Protection claim against the Defendants. This victory allows M&B's client to continue to pursue his claims against Defendants as the case moves forward into the discovery phase. Kudos to Todd Parker for a great job on the motion!
The efforts of an M&B trial team consisting of Avi Moskowitz, Todd Parker, and Chris Neff resulted in a hung jury and a mistrial for M&B's client and his corporation on fraud charges.
A hung jury means that M&B's clients were not convicted of any of the charges against them. During the course of the trial, the prosecution tried unsuccessfully to withdraw the testimony of its main cooperating witness after he was shown during cross-examination to have, among other things, falsely implicated three innocent individuals in a sworn statement to the District Attorney's Office. The prosecution also dropped one of the charges against M&B's clients before summations after M&B successfully argued that the charge fell outside of the applicable statute of limitations. After the judge declared the mistrial, Avi Moskowitz told Law 360 that after two long days of deliberation, [the jury] couldn't figure it out. To me, that's the definition of reasonable doubt. For more details, please follow this link for Law 360's in depth coverage of the trial.
We are pleased to announce that all three of the firm's partners have been selected to the 2013 New York Metro Super Lawyers and Rising Stars lists.
Avi Moskowitz was selected to the Super Lawyers list for the sixth straight year, Chaim Book was selected to the Super Lawyers list for the second straight year, and Todd Parker was selected to the Rising Stars list for the first time. Each year no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers, so we are very pleased that our firms partners have received this honor.
Avi Moskowitz in the News
At the sentencing before U.S. District Court Judge Cathy Seibel in White Plains, Nunez apologized to the families of the victims and to his own family, his attorney, Avi Moskowitz, said.
"He recognizes the damage and the hurt he has caused to everyone," Moskowitz said Tuesday afternoon.
Tuesday's sentencing marks the latest step in authorities' efforts to crack down on gang violence in the troubled Orange County city. More than 30 members of the city's Latin Kings gang have been convicted in federal court, and three more alleged members -- Jose Lagos, Wilson Pagan and Christian Sanchez -- will face trials beginning Jan. 23 on an array of gang-related charges, including murder.
Our recent representation of Facebook as local NYC counsel in a case against the law firm of DLA Piper made the news:
Lawsuit Of The Day: Facebook Sues DLA Piper Facebook Sues DLA Piper, Other Firms Over Sham Case Zuckerberg Seeks Revenge As Facebook Sues Paul Ceglia's Lawyers Facebook sues big law firm over fake owner claims
Chaim Book will be a moderating a panel discussion
Chaim Book will be a moderating a panel discussion at the 10th Annual ABA Section of Labor and Employment Law Conference on the subject of Religious Accommodation in Today's Workplace. The Conference will take place in Chicago from November 9-12, 2016. Chaim will be leading the discussion among a panel of prominent attorneys in the fields of employment law and religious rights in the workplace.
Avraham Moskowitz in the News
Engineering Firm Charged with Fraud over Sandy Damage Reports:
- Engineering Firm Illegally Altered Sandy Damage Reports: Indictment
- Long Island contracting firm hit with major suit for allegedly doctoring reports on Hurricane Sandy damaged homes
- Engineering Firm Charged With Fraud Over Sandy Damage Reports
- New York Engineering Firm Charged With Forging Sandy Reports
- Long Island Company Charged in Insurance Scheme After Hurricane Sandy
- NY AG Indicts Engineering Co. For Hurricane Sandy Fraud
- Business News Roundup, Aug. 2