In the News
- March 2, 2021
The Indiana Supreme Court has ordered the Department of Correction to pay more than $500,000 in legal fees in a fight over one of the state's deepest, darkest secrets.
It all comes back to the convoluted legal fight that started in 2014 with a public records request from A. Katherine Toomey, a Washington, D.C., attorney who represents groups opposing the death penalty.Indianapolis Star
- February 26, 2021
Justices divided 2-2 in a case brought by a Washington, D.C., attorney against the Indiana Department of Correction over Indiana’s “secrecy statute” that prohibits disclosure of the state’s lethal injection drugs and who supplies them.
With Justice Geoffrey Slaughter not participating, the remaining justices split in an order issued Thursday. By rule, the lack of a majority affirms the rulings of Marion Circuit Judge Sheryl Lynch, ordering DOC to disclose the records, awarding $538,000 in attorney fees to Washington attorney Katherine Toomey and granting other relief.The Indiana Lawyer
- February 23, 2021
Eric Lewis, a Lewis Baach Kaufmann Middlemiss PLLC partner, told Law360 that the Civil Division is likely the branch of the DOJ most in need of a morale boost.
"It's overwhelmingly staffed by career people who have really suffered through the last four years, and they've lost a lot of good people too," he said. "These are people who just want to do their job and not impose any ideology."Law360
- February 23, 2021Lack of emails documenting decision to oust pioneering female NYPD chief is ‘exceedingly suspicious,’ judge says
A Manhattan federal judge said Tuesday it is “exceedingly suspicious” that there are minimal emails discussing the decision to force the NYPD’s first female three-star chief into retirement.New York Daily News
- February 22, 2021
John Moscow was quoted in a Bloomberg article on the U.S. Supreme Court's refusal to block a subpoena by the Manhattan District Attorney for Donald Trump's tax returns and other financial records.
“Now they have the evidence that the accounting firm and the corporation have,” said John Moscow, a former chief prosecutor for serious economic crimes at the Manhattan district attorney’s office. “At this point, Trump’s position has to be that he didn’t do anything wrong, because if he did, they’d find it.”Bloomberg
- February 16, 2021
A lawyer for Mohamed Soltan, a US citizen who has filed a lawsuit alleging torture in Egyptian custody, said that plain-clothes officers raided the homes of six family members Sunday, detaining two cousins.
"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence. Such tactics have no place in the international community," said Eric Lewis, a lawyer for Soltan.Agence France-Presse (AFP)
- February 16, 2021
"Now the Egyptian regime is arresting his relatives to try to intimidate him into silence," said Soltan's lawyer Eric Lewis. "Such tactics have no place in the international community. Egypt cannot seek the benefits of membership in that community while denigrating human rights and behaving with impunity and lawlessness."CNN
- February 10, 2021Líder Legal
- February 3, 2021
Mark Mandel and Hope Comisky have left Troutman Pepper in search of something smaller after last year's merger created a 1,200-lawyer firm.Law.com Daily Report
- February 3, 2021Idealex Press
- January 27, 2021
Adam Kaufmann was quoted in an analytical piece on Manhattan District Attorney Cyrus Vance’s investigation into Trump and his organization.Financial Times
- January 26, 2021Cristián Francos appointed as Senior Vice Chair of the International Bar Association's Business Crime Committee
LBKM partner Cristián Francos has been appointed as Senior Vice Chair of the IBA’s Business Crime Committee.
- January 20, 2021
Partner Mark Leimkuhler recently spoke with Insurance Business about the new administration's approach to climate change and the implications for the insurance industry.Insurance Business
- January 19, 2021
Partner Mark Leimkuhler recently spoke with Law360 about the incoming Biden administration's potential effect on property and liability insurers, predicting that the new regime's expected focus on climate change, civil rights enforcement and other areas could lead to an uptick in claims across a wide range of policies.Law360
- January 12, 2021
Law360's Aebra Coe interviewed leaders at three law firms, including LBKM's Eric Lewis, on the changing ways that associates can demonstrate their value and engage with those in power in a pandemic-era work environment.Law360
- January 9, 2021
Manuel Varela was interviewed by Iberian Lawyer on the events surrounding the assault on the Capitol and potential legal consequences for Trump.Iberian Lawyer
- January 6, 2021
Eric Lewis was quoted in Law360 on President-elect Joe Biden's selection of Merrick Garland as the next attorney general.Law360
- January 4, 2021
A British judge rejected the US' request to extradite WikiLeaks founder Julian Assange, saying that Assange would be at greater risk of suicide in the American prison system. Eric Lewis told the British court that Assange, if extradited, would face a "best-case scenario" of 20 years in prison.Ars Technica
- December 23, 2020El Constitucional ampara al ex viceministro de Chávez Nervis Villalobos por ser encarcelado ilegalmente
Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.El Mundo
- December 17, 2020
Adam Kaufmann appeared on WNYC's "Trump, Inc." podcast to discuss what the Manhattan DA's investigation could mean for Trump.WNYC Studios
- December 8, 2020
- December 8, 2020
The International Academy of Financial Crime Litigators is comprised of academics and litigation professionals committed to vigorously pursuing their clients’ interest while aspiring to the highest ethical standards in criminal and civil actions in cases of economic crime. Fellowship is extended only by invitation, after careful research, to experienced individuals who have litigated cases related to economic crimes.
- November 18, 2020
A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.ABA Journal
- November 17, 2020
"What the government seeks to do in this case represents a radical expansion of the concept of a 'state secret'," explained Tara Plochocki, a partner at Lewis Baach Kaufmann Middlemiss PLLC, representing Abdul Kareem. "The privilege has never been invoked to permit the government to bypass the Constitution in favour of summary execution, and we hope that the Court will not permit the government to do so here."Middle East Monitor
- November 16, 2020
Kareem’s attorney, Tara Jordan Plochocki, argued the government was radically expanding sovereignty, domestically and abroad, allowed under state-secrets privilege.
“Whether that’s in a parking lot in the United States or abroad in Syria, the government has claimed — for the first time ever in this case — that it has unfettered and unreviewable discretion to kill US citizens at will,” Plochocki said.Courthouse News Service
- November 5, 2020
Even before all the votes are in, the Trump campaign is contesting them in several states. Some may wonder if this is Bush v. Gore all over again. But it’s a much different scenario. That race hinged on a few hundred votes in a few counties in just Florida.
Jeffrey Robinson was on the Gore legal team back then. He talks to KCRW about how the current challenges might proceed.KCRW: Press Play with Madeleine Brand
- October 9, 2020
How will reopening efforts and the protracted nature of COVID-19 affect international commercial contracts that are governed by New York law?Law360
- September 30, 2020Erika Levin named to list of arbitrators for the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada
Erika Levin has been appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada ("CAM-CCBC") to be included in its list of arbitrators. CAM-CCBC was the first arbitral institution in Brazil and is one of the largest and most significant arbitral centers in the region, focused on large and complex commercial disputes.
- September 29, 2020
Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that three of its lawyers have been named to the 2020 New York Super Lawyers and Rising Stars lists.
- September 15, 2020
The Times of London reported on the extradition hearing of Julian Assange, quoting senior partner Eric Lewis' expert testimony.The Times of London
- September 15, 2020
Bloomberg reported on the extradition hearing of Julian Assange, quoting senior partner Eric Lewis' expert testimony.Bloomberg
- September 14, 2020
Senior Partner Eric Lewis was quoted in AP on the extradition hearing of WikiLeaks founder Julian Assange.AP
- August 26, 2020Law360
- July 17, 2020State Dept. declares Egypt’s ex-prime minister immune from torture lawsuit by U.S. citizen after reported protest from CairoThe Washington Post
- July 10, 2020Law360
- July 9, 2020Accounting Today
- July 8, 2020
The Indianapolis Star reported on a pending ruling by the Indiana Supreme Court on whether the state must reveal who supplies the drugs Indiana plans to use to administer the death penalty—a case which began with a public records request filed by LBKM's Kate Toomey.Indianapolis Star
- July 6, 2020An examination of New York’s new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time periods.New York Law Journal
- July 3, 2020Foreign Policy
- June 26, 2020The Independent
- June 12, 2020New York Law Journal
- June 11, 2020AP
- June 11, 2020Reuters
- June 10, 2020The Indiana Lawyer
- June 5, 2020
The COVID-19 pandemic and the related economic crisis are causing financial uncertainty and liquidity problems at law firms of all sizes. Law firms are responding by taking aggressive steps to slash expenses by shortening or eliminating summer programs, deferring start dates for new hires, reducing pay, moving employees to part-time schedules, and laying off personnel.
Although it gets less press, law firms are almost certainly also looking to maximize income and bolster their cash positions through shifting personnel to countercyclical practices, aggressive collection strategies, drawing down letters of credit, and capital calls on partners. Firms are looking for loans from the U.S. government as well as conventional banks. But law firms tend to have few hard assets for security, and, given the economic circumstances, banks may look skeptically at their balance sheets. Firms may therefore look to less traditional forms of funding.Law360
- June 1, 2020Mohamed Soltan, U.S. citizen held as political prisoner, files torture lawsuit against Egypt’s ex-prime ministerThe Washington Post
- June 1, 2020Courthouse News Service
- June 1, 2020
At first blush, class actions might seem an attractive option for courts to efficiently manage the burden the claims may impose on their dockets. But below the surface, there are significant doubts that these claims are suitable for class adjudication.New York Law Journal
- May 30, 2020Bloomberg
- May 21, 2020Commentary: A Veteran Litigator Looks Forward and Back as COVID-19 Stands to Remake the Practice of Law
'Looking forward from this improbable ninth week of shutdown, I believe that litigation is about to enter another sea change,' writes Eric Lewis, a senior partner at litigation boutique Lewis Baach Kaufmann Middlemiss.AmLaw Litigation Daily
- May 11, 2020el Economista
- May 4, 2020
With the courts mostly closed, will sexual abuse plaintiffs get more time to sue? This article in City & State examines the effect of coronavirus-related court closures on Child Victims Act claims, quoting partner Jason Berland's recent piece in the New York Law Journal.City & State New York
- April 30, 2020New York Law Journal
- April 28, 2020
In a rather short period of time, the novel coronavirus has had an extraordinary impact on the lives of millions of people around the world. The business community is no exception. Businesses are closed, supply chains are disrupted, workers are being furloughed or laid off, and no one is quite sure when things will return to some semblance of normal. As we brace for the continued global economic consequences of the pandemic, it is important to think proactively, mitigate risk, and take advantage of the resources that are available to assist.Law360
- April 22, 2020
Jack Gordon and Mark Leimkuhler authored an article in Insurance Day discussing potential issues for reinsurers relating to the coronavirus crisis.Insurance Day
- April 17, 2020
Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that three of its lawyers have been named to the 2020 Washington, DC Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected by the research team at Super Lawyers to receive this honor.
- April 14, 2020
Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.New York Law Journal
- April 13, 2020
The business of law is personal, and the human interaction cannot be fully replaced by technology, particularly for those that practice on an international scale. Lewis Baach senior partner Eric Lewis, who usually travels the globe to meet with clients, offers his personal take on how he and his firm are coping during the pandemic.Bloomberg Law
- April 10, 2020
The pundits will debate whether government delays enabled the coronavirus to spread so widely. Perhaps experts and politicians failed to implement earlier, less onerous measures that could have slowed its spread and lessened its impact because the eventual scope seemed unimaginable to them. It was only after the pandemic was well underway that decision makers acted with great urgency — too late to avoid crisis and hardship.
There is a similar lesson for insurers and reinsurers: the potential for an unprecedented avalanche of COVID-19 insurance claims is clear, and the industry can and should take steps now, without waiting for specific claims and losses, to blunt the impact of the wave of claims and lawsuits that has already begun and is rapidly expanding.Law360
- March 17, 2020
Former Assistant U.S. Attorney Anthony Capozzolo — who headed a tax fraud case against former U.S. Rep. Michael Grimm and other high-profile investigations — was retained by the city when Nassau County District Attorney Madeline Singas launched an investigation last year, in conjunction with an audit into the city’s payout practices by State Comptroller Tom DiNapoli’s office.