Judge Amon to Speak At NYCLA Event Hosted at Dunnington

Judge Amon, Chief Judge, EDNY, is speaking at the NYCLA Federal Courts Committee Meeting tomorrow at Dunnington’s office – SDNY Local Counsel author, Luke McGrath, is hosting, so email, lmcgrath@dunnington.com, if you are interested in attending.

SDNY Local Counsel Goes "Indiana Jones-Style" To Return Stolen Centuries-Old Amulet to Museum

My firm, my partner Ray Dowd and I are very proud of the recent victory in a case right out of Indiana Jones: the Secret of the Stolen Amulet. The DBM team investigated and compelled the return of a priceless centuries-old amulet to the Museum from which it was stolen by Russian soldiers during World War II.


The New York Law Journal report is here.

http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202556567318&Judges_Order_Return_of_Ancient_Gold_Tablet_to_Berlin_Museum

SDNY Local Counsel Supports Needed Security Pavillion for SDNY Courthouse

SDNY Local Counsel supports the efforts of the New York Congressional Delegation from both parties to push through needed security upgrades to the Daniel Patrick Moynihan Courthouse. Below is a brief run-down of the relevant facts:

Moynihan Courthouse Security Pavilion Security Needs

• After the September 11, 2001 attacks, it was determined by law enforcement that security at the Moynihan Courthouse was deficient.

• The Department of Homeland Security Report issued to the General Services Administration and The United States Courts points out that air intakes and security screening are inadequate.

• Recommendations include raising the fresh air intakes for the courthouse from ground level and the construction of a security screening pavilion outside of the main structure of the courthouse. Background on the Court

• The United States District Court for the Southern District of New York is the largest federal trial court by number of Judges.

• The Daniel Patrick Moynihan Courthouse houses more federal judges than any other federal building in the Country.

• The United States District Court for the Southern District of New York handles many high profile/high security cases (terrorism, international arms dealing, international drug smuggling, international high profile crimes, large securities cases, organized crime).

Security Pavilion, Air Intake and Backfill Project

• The request to fund the Security Pavilion and the Backfill of the United States Probation and Pretrial Offices was contained in the President’s 2011 budget request (combined $28 million).

• GSA appropriated $2 million for the design of the pavilion and backfill.

• The design of the pavilion has been completed up to the 90% drawings and General Services Administration is ready to release the contract.

• The estimated cost to complete the pavilion is $10 million.

Support for the Project

• Members of the New York Congressional Delegation from both parties have expressed support for the project. They include Senators Schumer and Gillibrand, Congressmen Grimm, King, Nadler, Rangel and Serrano.

• The United States Courts, United States Court of Appeals for the Second Circuit, United States District Court, the General Services Administration and the United States Marshals Service has committed to working together to complete the project. To that end, Chief Judge Loretta Preska and Edward Friedland (SDNY District Executive) were scheduled to meet with Commissioner Bob Peck on Wednesday, April 18, at 11:30 AM while in Washington.

Show your suport for these needed security upgrades by commenting below (SDNY Local Counsel will forward positive comments to the supporters of this project) and reaching out to your local bar association or trade association and asking them to contact the General Services Administration to register their support for this project.

Careful What You Wish For: Arbitration Provisions Can Get Lost In The Shuffle If You Amend An Agreement And Do Not Reference Arbitration In The Amendment

Broad arbitration provisions cannot compel parties to arbitrate claims not arising out of the subject matter covered by the arbitration agreement. A party to a contract must be careful when agreeing to subsequent or supplemental agreements because unless expressly referenced, the broad arbitration agreement in one contract may not cover a dispute arising out of the other contracts.

For example, in New Jersey, notwithstanding a very strong state public policy regarding compulsory counterclaims and joinder, the State case-law draws a bright line between claims that must be arbitrated under an agreement between the parties and claims that must be litigated (i.e. not added to the arbitration as a compulsory counterclaim or under a joinder rule). In short, in New Jersey, much like New York, a court will not compel a party to arbitrate a matter that the party has not expressly and knowingly agreed to arbitrate. This makes sense because agreeing to arbitrate is an agreement to waive or give up a right to access the courts and waiver of such an important right should not be treated lightly.

In New York, it’s a similar analysis. New York Courts are confronted daily with applications to compel or avoid arbitration – usually brought by “Orders to Show Cause” seeking emergency relief. The emergency is generally because once a party participates in an arbitration, they cannot later complain of waiving their right to litigate the matter. Because arbitration may be onerous – indeed, some litigants in certain situations may prefer to litigate in Court than pay an arbitrator and undergo an arbitration – parties to a dispute take the arbitration v. litigation issue very seriously.

In short, whichever the preference, a party to a dispute should not shoot first and answer questions later. Arbitration provisions in a contract should be carefully thought-out and, if there are amendments or supplemental agreements, the party’s choice to (or not to) arbitrate should be protected in those later agreements.