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• Richard Green (Fine Paintings) v. McClendon
• New York's Revived Power Plant Siting Law Preempts Local Control
• Dual Prosecution for Tax Offenses: Closing the 'Helmsley Loophole'
• Terror: Last Defendant in FBI Sting Gets 25 Years for Bomb Plot
• Ten Years After 9/11
• Judge Unpersuaded by Companies' Defense That Chinese Government Made Them Act as a Cartel
• Panel Rules Non-Lawyer Cannot Run for Queens D.A.
• State Bar Launches Veterans Committee
• Character Committee Interviews Set for Tuesday
• First Monday Program to Tackle Health Care Law
• Court Backs Disclosure in Cases Using Cellphone Data
• Deer Consumer Products Inc. v. Little
• Matter of Iwachiw v. CUNY
• Edmonds v. 8 Morningside Ave.
• Rotolo v. 2084 Grand LLC
• Adler v. Lewis
• O'Rourke v. O'Rourke
• Cohain v. Klimley
• Nieto-Ayala v. Holder
• Chechele v. Scheetz
• Bryant v. Emigrant Mortgage Co. Inc.
• Greystone Bank v. Neuberg
• Outside Counsel: Wage Order Sets Forth Dramatic Changes to Tip Pooling

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Richard Green (Fine Paintings) v. McClendon	Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
New York's Revived Power Plant Siting Law Preempts Local Control	Top
In his Environmental Law column, Michael B. Gerrard, a professor at Columbia Law School, and senior counsel to Arnold & Porter, analyzes recent legislation recreating a one-stop, state program for permitting electric generating facilities while preempting local requirements. But the new statute differs from its predecessor in several important ways.
Dual Prosecution for Tax Offenses: Closing the 'Helmsley Loophole'	Top
In his Tax Litigation Issues column, Jeremy H. Temkin, a principal in Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, while there may be egregious cases with new legislation with which both federal and state authorities will be warranted in pursuing the same defendant, there is reason to be hopeful that such dual prosecutions will continue to be rare.
Terror: Last Defendant in FBI Sting Gets 25 Years for Bomb Plot	Top
Southern District Judge Colleen McMahon yesterday ordered Laguerre Payen to prison for his role in a plot to bomb Riverdale synagogues, but not before she again criticized the government for creating a crime of terrorism where one did not exist through the instigation of a confidential informant.
Ten Years After 9/11	Top
Firefighters, family members and court personnel yesterday attended an Eastern District special session to remember firefighters from a nearby firehouse who were killed responding to the 9/11 terror attacks.
Judge Unpersuaded by Companies' Defense That Chinese Government Made Them Act as a Cartel	Top
Although China's Ministry of Commerce took the unprecedented step of hiring lawyers at Sidley Austin to join the litigation and take responsibility for requiring a group of Chinese vitamin C makers to act as a cartel, on Tuesday, Judge Brian Cogan rejected that defense.
Panel Rules Non-Lawyer Cannot Run for Queens D.A.	Top
State Bar Launches Veterans Committee	Top
Character Committee Interviews Set for Tuesday	Top
First Monday Program to Tackle Health Care Law	Top
Court Backs Disclosure in Cases Using Cellphone Data	Top
The D.C. Circuit on Tuesday sided against the DOJ in upholding the public release of information about court cases in which the authorities used cellphone location data to track criminal suspects.
Deer Consumer Products Inc. v. Little	Top
Communications Decenc Act Immunizes Publisher, Bars Defamation Complaint
Matter of Iwachiw v. CUNY	Top
Student Improperly Seeks Subpoena; CUNY's Motion to Quash Is Granted
Edmonds v. 8 Morningside Ave.	Top
Tenants' Breach of Contract, Fraud Claims Against Lessor Ruled Time-Barred, Dismissed
Rotolo v. 2084 Grand LLC	Top
Tenant Shows Lease Provision for Landlord To Pay Utilities Is Not Error
Adler v. Lewis	Top
Country Club Found Not Liable for Guest's Injuries Proximately Caused by Member
O'Rourke v. O'Rourke	Top
Court Adheres to Original Order to Disqualify Wife's Counsel, Rescinds Sanctions Order
Cohain v. Klimley	Top
Amended Complaints' Claims Either Inadequately Raised or Untimely
Nieto-Ayala v. Holder	Top
Court Lacks Jurisdiction to Hear Mandamus Application to Compel Asylum Adjudication
Chechele v. Scheetz	Top
'Shareholder Group' Inadequately Pleaded For Ex-CEO's Short-Swing Profits Liability
Bryant v. Emigrant Mortgage Co. Inc.	Top
'Conditional' Jurisdiction Theory Offered To Repeat Claims Settled by State Court
Greystone Bank v. Neuberg	Top
Bank Foreclosure Suit Charging Constructive, Actual Fraud in Mortgage Survives Dismissal
Outside Counsel: Wage Order Sets Forth Dramatic Changes to Tip Pooling	Top
Demi Sophocleous and Christopher P. Keenoy of Morrison & Mahoney discuss the New York State Hospitality Industry Wage Order that took effect this year, which permits employers to mandate their employees to share or pool tips, and even to set the percentages that each employee will receive in the tip pool. But while the wage order provides clarity for the restaurant industry, it has not meant the end of lawsuits, especially with regard to who is entitled to participate in tip sharing.

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