Litigationblawg - Hoguet Newman Regal & Kenney, LLP

Laura Hoguet, John Kenney named New York Superlawyers - again!

Tue, 06 Oct 2009 21:30:00 GMT

For three years running, both Laura Hoguet and John Kenney have been named as Superlawyers in the New York Metro area. Laura Hoguet has been recognized in two areas, Business Litigation and Employment & Labor. John Kenney has been recognized in three, Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

HNRK Client Prevails at the Second Circuit.

Tue, 06 Oct 2009 21:28:00 GMT

In a unanimous decision, the United States Court of Appeals for the Second Circuit affirmed a decision of the lower court which dismissed the claim of a former police officer who sued his employer, the Metropolitan Transportation Authority, for $20 million for alleged job-related injuries. The plaintiff sued under the Federal Employers' Liability Act ("FELA") alleging he sustained injuries resulting from exposure to the World Trade Center site following 9/11. He also complained of MTA' s policy of requiring that officers remain at home while on disability leave unless granted a special designation known as "no work status." The 2nd Circuit agreed with HNRK's arguments that plaintiff failed to comply with pleading requirements for a valid FELA claim and that he released his claims anyway as part of a settlement of an earlier suit. The Circuit concluded that the appeal was frivolous and is considering an application to award damages to the MTA. Bruno v. MTA, 2009 WL 2524009 (2nd Cir. 2009).

Tai-Heng Cheng Presents Alternative Dispute Resolution CLE on Hybrid Mediation and Arbitrations

Thu, 10 Sep 2009 15:36:00 GMT

On June 16, 2009, Tai-Heng Cheng delivered an alternative dispute resolution CLE on hybrid mediation and arbitrations ("Med-arb") at the Fourth Annual Conference on International Arbitration and Mediation at Fordham Law School to leading international arbitrators, mediators, practitioners, and scholars. Participating on a panel with representatives from AAA/ICDR and CPR, Professor Cheng discussed the economic pressures to conduct alternative dispute resolution more efficiently and at lower costs, and how med-arb in international commercial disputes might present an attractive alternative. He also highlighted problems of enforcing med-arb settlements or awards in the United States and internationally, and suggested strategies for counsel and arbitral institutions to overcome these challenges. A paper based on his comments will be published in June 2010 in a book of the proceedings of the Conference.

Chambers names Newman a "Leading Lawyer" for General Commercial Litigation

Tue, 21 Jul 2009 20:59:00 GMT

Fred Newman has been named a "Leading Lawyer" for General Commercial Litigation in New York in the just-published Chambers USA Directory of America's Leading Lawyers for Business 2009 Edition. The Chambers rankings are based upon independent research and peer group interviews, and our firm has not paid for the listing. Only 76 lawyers in New York were recommended in this category.

Sheryl Galler Presents Employment Law CLE for "Turbulent Times"

Tue, 21 Jul 2009 20:54:00 GMT

On June 12, 2009, HNRK Partner Sheryl Galler delivered a presentation at the New York State Bar Association's program, Counseling the Corporate Client in Turbulent Times: Employment Law for the General Practitioner and Corporate Counselor. Ms. Galler spoke about the fundamentals of executive employment agreements, how to avoid potential conflicts over restrictive covenants, how to differentiate between independent contractors and employees, and recent developments in the law affecting commissioned salespersons. She also provided drafting tips for agreements with executives, independent contractors and commissioned salespersons. More than 60 attorneys attended the CLE program, which was offered by the Labor and Employment Law Section of the NYSBA.

Newman A Visiting Professor On Arbitration

Wed, 15 Apr 2009 17:00:00 GMT

Fred Newman gave a series of lectures on International Arbitration at the law faculty of Rezeknes Augstskola, Latvia, during March, 2009. He presented the fundamentals of arbitration policy, practice and procedures to fourth year students. The lectures were in English. Newman's lectures were arranged by the Center for International Legal Studies, Salzburg, Austria, a non-profit organization that places experienced Common Law practitioners at law faculties in Eastern Europe and the former republics of the Soviet Union. Newman's Powerpoint presentation is available here.

HNRK Wins Arbitration Award

Wed, 18 Feb 2009 17:11:00 GMT

An arbitrator for the International Centre For Dispute Resolution has ruled in favor of HNRK's client, Tradesim AS, in an arbitration. Claimant brought the arbitration against Tradesim and its principal, seeking damages for Tradesim's alleged breach of contract to sell it custom software and further develop that software, as well as substantial consequential damages. Tradesim counterclaimed for breach of contract, asserting that Claimant itself had breached and repudiated the contract. The arbitrator denied Claimant's claims and ruled that Claimant must pay Tradesim $533,300.

Randi May quoted in Employment Law 360

Mon, 19 Jan 2009 06:15:00 GMT

HNRK Partner Randi May was quoted in Employment Law 360 's "Lawyer to Execs: Beware Your BlackBerry" on Friday, January 9. This article featured the views of employment lawyers on the perils of executives' use of BlackBerries, an issue brought to forefront by President-elect Barack Obama's struggle to keep his BlackBerry over his lawyers' vehement objections. With routine electronic discovery, Randi told Employment Law 360 that executives need to exercise greater caution when sending hasty BlackBerry emails.

Sheryl Galler Addresses State Bar

Wed, 10 Dec 2008 18:50:00 GMT

Our partner Sheryl Galler was recently a panelist at a continuing legal education workshop entitled "Update on Wage and Hour Issues: Developments in New York Labor Law and the FLSA." Ms. Galler discussed the federal rules and regulations setting the minimum wage and overtime compensation standards, recent court decisions applying those federal standards, and the risks of non-compliance. She also provided tips on the best practices for employers conducting a self-audit. The workshop was presented at the Fall Meeting of the Labor and Employment Law Section of the New York State Bar Association, which was held in Cooperstown, New York.

HNRK Partner Sheryl Galler Speaks at NAMWOLF Annual Meeting

Fri, 21 Nov 2008 05:18:00 GMT

Our partner Sheryl Galler recently chaired a panel discussion entitled “Stay Out of Court, Stay Out of the Media and Stay Out of Trouble: The Many Faces of Corporate Compliance.” Ms. Galler presented the whistleblower provisions of the Sarbanes-Oxley Act and recent court decisions interpreting those provisions. She also shared with the audience the current approach of public relations professionals on dealing with media inquiries regarding government investigations.

The panelists included Valerie Caproni, who is now General Counsel of the FBI and formerly held high level positions at the U.S. Attorneys’ Office and the Securities and Exchange Commission. Ms. Caproni was invited to join the panel by Ms. Galler and our partner John Kenney, who worked with Ms. Caproni at Simpson Thacher & Bartlett.

The panel discussion was presented at the Annual Meeting of the National Association of Minority and Women Owned Law Firms (NAMWOLF), which was held in Dallas, Texas on November 13-14, 2008. The session was accredited by the State Bar of Texas for continuing legal education credit.

Hoguet Newman Regal & Kenney has been a women-owned law firm since its start in 1996. We are a member of NAMWOLF, which shares our goal of encouraging clients to hire women-owned law firms such as ours based on the experience and talent of our attorneys, not their gender. We also are certified by the State of New York as a Women-Owned Business Enterprise (WBE).

Ms. Galler has represented the firm's domestic and international clients in a wide range of matters involving fraud, breach of franchise rights, civil RICO, employment discrimination, sexual harassment, retaliation and breach of contract claims. She also counsels clients with respect to employment related disputes and has negotiated scores of severance agreements and employment contracts on behalf of the firm's clients.

Hoguet Newman Regal & Kenney LLP Provides Pro Bono Legal Advice to the Republic of Kosovo

Thu, 13 Nov 2008 20:26:00 GMT

Hoguet Newman Regal & Kenney, LLP provided pro bono legal advice to the Republic of Kosovo earlier this year. From October 9 through 14, 2008, Tai-Heng Cheng travelled to Kosovo to advise the Office of the President and the Ministry of Foreign Affairs on the pending Advisory Opinion of the International Court of Justice on the legality of Kosovo’s declaration of independence.

He also discussed various legal issues with the International Civilian Office, including border delimitation, state succession, sovereign debt, recognition by other states of Kosovo’s statehood, and treaties. In addition, he gave a lecture on state succession at the University of Pristina School of Law to students and attorneys from the Ministry of Justice.

In recognition of the Firm’s services, the Republic of Kosovo presented to Mr. Cheng a copy of the Kosovo constitution inscribed by the Deputy Foreign Minister.

The BlackBerry: Employer's Friend Or Foe?

Thu, 09 Oct 2008 16:38:00 GMT

Companies should consider whether employee communications that do not go through an employee's desktop computer or use the company's e-mail address are captured by the employer's electronic systems policies and security programs, say Randi B. May and E. Anne Musella of Hoguet Newman Regal & Kenney LLP.

First Amendment Claim Dismissed Against HNRK's Client

Wed, 01 Oct 2008 21:34:00 GMT

HNRK won the dismissal of a claim brought by a former manager of the Metro-North Commuter Railroad claiming that his First Amendment rights were violated when the Railroad dismissed him for failing to cooperate with an internal investigation of a train collision and derailment. The accident occurred during the 2003 blackout. The employee failed to appear at scheduled hearings to ascertain responsibility for the accident, but maintained that he was unable to attend the hearings due to psychological impairment, and was dismissed because of critical statements he would have made regarding the adequacy of employee training on important train operating procedures. Agreeing with HNRK's argument, Federal District Court Judge Laura Taylor Swain ruled that under the Supreme Court's 2006 decision in Garcetti v. Ceballos, plaintiff's speech activity (were he to have engaged in such activity) would not have been protected by the First Amendment because such speech would not have been uttered as a private citizen, but rather, in furtherance of the employee's official duties. Judge Swain also rejected a host of other claims raised by plaintiff, including claims that his due process rights were violated, and that the Railroad deprived him of his federal "liberty" interest in his reputation.

HNRK WINS SUMMARY JUDGMENT IN MAJOR DISCRIMINATION CASE

Thu, 21 Aug 2008 18:05:00 GMT

HNRK won summary judgment for the defendant employer, a major French utility, dismissing a sex discrimination suit brought by the former head of its Washington, D.C. representative office. Catherine Gaujacq v. Electricite de France, etc.,No. 05-00960 (D.C.D.C., August 21, 2008).

Randi May Quoted in New York Law Journal

Fri, 01 Aug 2008 21:01:00 GMT

HNRK partner Randi May was quoted in the New York Law Journal's "The Back Page" Column on August 1, 2008. The column, featured the views of several employment lawyers on the phenomenon known as "Desk Rage." As courts and state legislatures take action to address workplace abuse, Randi told the Law Journal that she recommends the inclusion of behavioral standards in employee manuals and periodic training to address this issue.