On October 7, 2013, Justice Oing of New York County's Commercial Division ruled from the bench on a motion to dismiss claims brought by SSD's client, the producers of a Broadway musical based on the novel Rebecca, against the production's former press agent, Marc Thibodeau. The court ruled that two of the three claims brought by the producers (for breach of contract and defamation) survived while dismissing a third (for breach of fiduciary duty). The case will continue into the discovery phase against Defendant Thibodeau. The case was argued by Erik S. Groothuis, a partner of the firm.
Schlam Stone & Dolan partner Jeffrey Eilender is representing a group of Jewish residents in their efforts to display a Chanukah menorah in a public park in Ridgewood, New Jersey. The menorah would be in addition to the town's existing holiday decorations. Mr. Eilender's efforts in explaining to the Village government the group's legal rights to display the menorah are described in detail by the Villadom Times newspaper.
Schlam Stone & Dolan partners Richard H. Dolan, Thomas A. Kissane, Jeffrey M. Eilender, David J. Katz, and Robert L. Begleiter, and counsels Stanley N. Alpert and Ronald G. Russo, have all been listed among the New York metro area's 2013 SuperLawyers, published in the special New York Metro Annual List 2013 edition of SuperLawyers Magazine
Two New York Metropolitan Area newspapers have reported a conclusive criminal outcome in a case stemming from an elaborate plot to defraud backers of a musical based on Rebecca by Daphne du Maurier.
The magazine, known for its chronicles of pop culture, turns a spotlight on the legal storms swirling about a famous producer's frustrated attempt to launch a Broadway Musical
Schlam Stone & Dolan client Cesar Baez has filed a $30 million lawsuit against the California Public Employees' Retirement System, alleging race discrimination. CALPERS pressured Mr. Baez's firm into forcing him out as a precondition to retaining CALPERS contracts, merely because he was acquainted with other Latino businessmen who were under investigation by CALPERS. Mr. Baez is represented by SSD partners Jeffery Eilender and Michael Battle.
New York City's attempts to prevent release of emails relating to former schools chancellor Cathie Black suffered another setback when the First Department denied leave to appeal its recent ruling (discussed below) to New York's highest court. The plaintiff, journalist Sergio Hernandez, is represented by SSD lawyers Elizabeth Wolstein and Raffi Melkonian. New York Magazine reports that the City has spent at least $25,000 defending the case.
Schlam Stone & Dolan partner Jeffrey Eilender is quoted as an authority by Bloomberg.com News in a feature article about the attempted prosecution of offshore parties by the United States Securities and Exchange Commission in the agency's effort to combat insider trading. Mr. Eilender represents Lebanon-based Iris Capital Securities SAL and its Chief Executive Officer Antoine Khalife in a matter involving allegations of improper conduct. Bloomberg said that the case against Iris and Khalife is slated for dismissal, but also reported that the procedural enactment of the promised vindication has yet to take place.
Schlam Stone & Dolan partner David Katz is quoted several times in an article published on the front page of the December 13, 2012 New York Law Journal, titled "With Nod to Delaware, N.Y. Courts Define Commercial Law." In the article, Katz discusses the extent to which New York appeals courts have been following Delaware law in commercial disputes, including a case of first impression litigated by Schlam Stone & Dolan and decided by the Appellate Division First Department concerning whether corporate officers and directors are entitled to recover attorneys' fees and prejudgment interest in connection with successfully vindicating their indemnification rights.
The Appellate Division, First Department, has upheld a Supreme Court ruling ordering New York City to disclose, under New York's Freedom of Information Law ("FOIL"), emails between the New York City Mayor's Office and former New York City School Chancellor Catherine Black. Schlam Stone client and independent journalist Sergio Hernandez first made his request for the emails when Ms. Black was selected as School Chancellor in November 2010. Since that time, the Mayor's Office has argued that communications between Ms. Black and the government dating to the period before she became Chancellor were exempt from FOIL, principally under the exemption for inter-agency and intra-agency communications. In affirming the lower court's rejection of that argument, the Appellate Division made clear that because Ms. Black was not yet School Chancellor when she was exchanging emails with the Mayor's Office, neither the inter-agency nor intra-agency exemptions applied so as to shield the emails from public disclosure. The court's order requires the disclosure of the e-mails within 15 days. Mr. Hernandez is represented by Schlam Stone & Dolan partner Elizabeth Wolstein, counsel Michael Marcus, and associate Raffi Melkonian, who argued the appeal.