Young drivers in New Jersey will have to continue displaying a red decal on their license plates.
The state Supreme Court upheld "Kyleigh's Law" in a ruling Monday.
In a unanimous opinion, the high court ruled that requiring the decals doesn't violate federal privacy laws or laws against unreasonable search and seizure. An appeals court had ruled similarly last year in a challenge brought by two parents.
The law is named for a New Jersey teenager who was killed in a 2006 crash. It's meant to aid police in enforcing restricted privileges for young drivers.
Opponents say displaying the decals could leave teen drivers vulnerable to predators. But a report last year found only one reported incident in which an underage driver was stopped by someone impersonating a police officer.
Monday, August 6, 2012
Thursday, June 14, 2012
New York SEC Attorneys - Herskovits Law
Employment claims brought by securities industry participants involve issues unique to the securities industry. Having represented broker-dealers and registered representatives, we have substantial experience with both sides of these disputes and have prosecuted or defended claims for Form U5 expungement, unpaid deferred compensation (including Restricted Stock Units), enforcement of employee forgivable loans (EFL), broker-dealer raiding, unpaid bonuses or commissions, and wrongful termination.
Over the past five years, Robert Herskovits has successfully prosecuted a significant number of EFL cases brought on behalf of Jefferies & Company, Inc. and smaller broker-dealers. As a small law firm, we remain free from many of the conflicts associated with larger firms, and have defended a multitude of EFL cases brought by various broker-dealers. When defending an EFL case, we structure a defense designed to achieve a resolution with a significant discount to the Note's unpaid balance.
Herskovits Law has expertise in both prosecuting and defending claims for securities industry participants involved in issues in the securities industry. Having represented numerous employees, their reputation for effective advocacy by advancing their clients' interests from the outset of each case has been acknowledged in the New York Securities Industry. See www.herskovitslaw.com.
Over the past five years, Robert Herskovits has successfully prosecuted a significant number of EFL cases brought on behalf of Jefferies & Company, Inc. and smaller broker-dealers. As a small law firm, we remain free from many of the conflicts associated with larger firms, and have defended a multitude of EFL cases brought by various broker-dealers. When defending an EFL case, we structure a defense designed to achieve a resolution with a significant discount to the Note's unpaid balance.
Herskovits Law has expertise in both prosecuting and defending claims for securities industry participants involved in issues in the securities industry. Having represented numerous employees, their reputation for effective advocacy by advancing their clients' interests from the outset of each case has been acknowledged in the New York Securities Industry. See www.herskovitslaw.com.
Tuesday, June 12, 2012
Court says judges can't decide draft complaint
The Supreme Court says federal employees cannot go to trial judges to complain about their firing for not signing up for the U.S. draft.
The high court ruled Monday that the Civil Service Reform Act took U.S. district courts' jurisdiction away from from judging these types of claims.
Several men lost their jobs in the executive branch for not signing up for Selective Service between the ages of 18 and 26. They sued, but at least two federal appeals courts ruled that they couldn't bring lawsuits straight to court because lawmakers had stripped trial judges of their jurisdiction.
Justice Clarence Thomas wrote a 6-3 decision saying the Merit Selection Protection Board must hear the case. Justices Samuel Alito, Ruth Bader Ginsburg and Elena Kagan dissented.
The high court ruled Monday that the Civil Service Reform Act took U.S. district courts' jurisdiction away from from judging these types of claims.
Several men lost their jobs in the executive branch for not signing up for Selective Service between the ages of 18 and 26. They sued, but at least two federal appeals courts ruled that they couldn't bring lawsuits straight to court because lawmakers had stripped trial judges of their jurisdiction.
Justice Clarence Thomas wrote a 6-3 decision saying the Merit Selection Protection Board must hear the case. Justices Samuel Alito, Ruth Bader Ginsburg and Elena Kagan dissented.
Thursday, May 10, 2012
NY court upholds firing of hedge fund officer
New York's top court has upheld the firing of a hedge fund compliance officer who says he confronted its chief executive about improperly selling personal stock before doing the same for clients.
The Court of Appeals ruled 5-2 in rejecting Joseph Sullivan's damages claim against Peconic Partners, Peconic Asset Management and fund President William Harnisch.
The majority says New York common law generally gives an employer the "unimpaired" right to fire an at-will employee, with a few exceptions. It says there is no exception for wrongful discharge of a hedge fund's compliance officer.
Dissenters say the court should expand an exception it has carved out for lawyers who get fired for insisting on professional ethics. They say the majority ruling "facilitates the perpetuation of frauds."
The Court of Appeals ruled 5-2 in rejecting Joseph Sullivan's damages claim against Peconic Partners, Peconic Asset Management and fund President William Harnisch.
The majority says New York common law generally gives an employer the "unimpaired" right to fire an at-will employee, with a few exceptions. It says there is no exception for wrongful discharge of a hedge fund's compliance officer.
Dissenters say the court should expand an exception it has carved out for lawyers who get fired for insisting on professional ethics. They say the majority ruling "facilitates the perpetuation of frauds."
Sunday, April 8, 2012
Berkeley hires law firm for probe of police chief
Berkeley officials have hired a law firm to investigate an order by the city's police chief that sent an officer to a reporter's home after midnight to request changes in a story.
Interim City Manager Christine Daniel said Friday the firm of Rennie Sloan Holtzman Sakay will conduct an independent probe of the March 9 order issued by Chief Michael Meehan. Daniel released no additional details.
The hiring of the law firm comes after the union representing the city's police officers demanded an outside probe, saying Meehan should be held to the same standards as officers.
"If a police officer uses poor judgment and violates department policy, he is placed on administrative leave and is fully investigated," said Officer Tim Kaplan, president of the 160-member Berkeley Police Association. "As law enforcement officers, we don't just get to say 'I'm sorry' and have the whole matter go away."
Meehan has apologized for what he called his "error in judgment" in ordering his department's spokeswoman to go to the home of a Bay Area News Group reporter at 12:45 a.m. to request changes to an article published less than two hours earlier.
The reporter, 45-year-old Doug Oakley, said his family was asleep when Sgt. Mary Kusmiss showed up at his door. Oakley said Kusmiss, who regularly interacts with the news media, told him the chief had ordered her to go to the reporter's house when efforts to reach him by telephone and email were unsuccessful.
Meehan was unhappy with how Oakley had characterized one of his remarks from a community meeting about the Feb. 18 beating death of a resident whose non-emergency call about an intruder had gone unanswered.
Interim City Manager Christine Daniel said Friday the firm of Rennie Sloan Holtzman Sakay will conduct an independent probe of the March 9 order issued by Chief Michael Meehan. Daniel released no additional details.
The hiring of the law firm comes after the union representing the city's police officers demanded an outside probe, saying Meehan should be held to the same standards as officers.
"If a police officer uses poor judgment and violates department policy, he is placed on administrative leave and is fully investigated," said Officer Tim Kaplan, president of the 160-member Berkeley Police Association. "As law enforcement officers, we don't just get to say 'I'm sorry' and have the whole matter go away."
Meehan has apologized for what he called his "error in judgment" in ordering his department's spokeswoman to go to the home of a Bay Area News Group reporter at 12:45 a.m. to request changes to an article published less than two hours earlier.
The reporter, 45-year-old Doug Oakley, said his family was asleep when Sgt. Mary Kusmiss showed up at his door. Oakley said Kusmiss, who regularly interacts with the news media, told him the chief had ordered her to go to the reporter's house when efforts to reach him by telephone and email were unsuccessful.
Meehan was unhappy with how Oakley had characterized one of his remarks from a community meeting about the Feb. 18 beating death of a resident whose non-emergency call about an intruder had gone unanswered.
Tuesday, March 13, 2012
Court seems split on double jeopardy question
The Supreme Court seemed divided Wednesday on whether to allow an
Arkansas man to be retried on murder charges even though a jury
forewoman said in open court that they were unanimously against finding
him guilty.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime.
NY court decision bolsters anti-fracking movement
A New York court decision has bolstered a movement among towns
determined to prevent the controversial practice of hydraulic fracturing
for natural gas within their borders.
A state Supreme Court justice on Tuesday upheld the town of Dryden's August 2011 zoning amendment banning gas drilling. Denver-based Anschutz Exploration Corporation, which has spent $5.1 million leasing and developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse, had argued state law trumped the ban.
More than 50 New York communities have enacted gas-drilling bans. Binghamton attorney Helen Slottje, who helps draft such laws, says the ruling should embolden towns considering local bans.
"We think it's a terrific vindication of the town's right to home rule and to decide their future," Slottje said Wednesday. "It really should give the green light to communities that want to proceed down this route."
Albany attorney Tom West, who represented Anschutz, said the trial-level state court decision is likely to be appealed to the mid-level Appellate Division and, if necessary, to the state Court of Appeals.
"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.
Another challenge of a municipal gas-drilling ban is pending in Otsego County, where Cooperstown Holstein Corp. sued the town of Middlefield over a ban similar to Dryden's. The lawsuit says the landowner has leased nearly 400 acres to a gas-drilling company and the ban would block the economic benefits of the arrangement.
A state Supreme Court justice on Tuesday upheld the town of Dryden's August 2011 zoning amendment banning gas drilling. Denver-based Anschutz Exploration Corporation, which has spent $5.1 million leasing and developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse, had argued state law trumped the ban.
More than 50 New York communities have enacted gas-drilling bans. Binghamton attorney Helen Slottje, who helps draft such laws, says the ruling should embolden towns considering local bans.
"We think it's a terrific vindication of the town's right to home rule and to decide their future," Slottje said Wednesday. "It really should give the green light to communities that want to proceed down this route."
Albany attorney Tom West, who represented Anschutz, said the trial-level state court decision is likely to be appealed to the mid-level Appellate Division and, if necessary, to the state Court of Appeals.
"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.
Another challenge of a municipal gas-drilling ban is pending in Otsego County, where Cooperstown Holstein Corp. sued the town of Middlefield over a ban similar to Dryden's. The lawsuit says the landowner has leased nearly 400 acres to a gas-drilling company and the ban would block the economic benefits of the arrangement.
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