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Trials & Litigation

After US prosecutors mistakenly file confidential memo, is their challenge to congestion pricing doomed?

By Debra Cassens Weiss

April 28, 2025, 9:51 am CDT

Federal prosecutors have been kicked off a challenge to congestion pricing in New York City after they mistakenly filed a confidential memo saying the government is “very unlikely” to be successful.

The U.S. attorney for the Southern District of New York will be replaced on the case by the U.S. Department of Justice’s Civil Division, according to a statement by the U.S. Department of Transportation.

Law360, Courthouse News Service, ABC News and the New York Times (here and here) have coverage.

“Are SDNY lawyers on this case incompetent or was this their attempt to resist?” the Transportation Department said in a statement cited by news media. “At the very least, it’s legal malpractice. It’s sad to see a premier legal organization continue to fall into such disgrace.”

The U.S. attorney’s office said in a statement the court filing “was a completely honest error and was not intentional in any way. Upon realizing the error, we immediately took steps to have the document removed.”

The confidential memo dated April 11 said there is “considerable litigation risk” in defending efforts by Sean Duffy, the secretary of the Transportation Department, to block the congestion pricing program using an argument that it was not statutorily authorized.

The Federal Highway Administration might be able to properly end the program, however, under regulations concerning the termination of cooperation agreements that no longer further agency priorities, the memo said.

U.S. District Judge Lewis J. Liman of the Southern District of New York said in an April 24 order the mistaken filing raises two questions. The first is whether there is sufficient basis to seal the document after it was published by media outlets. The second is whether the mistaken disclosure waives the applicable attorney-client privilege.

Liman, an appointee of President Donald Trump during his first term, is temporarily keeping the memo under seal and is asking for parties’ responses with due dates of May 2 and May 7.

Disclosure of the memo is “a lawyer’s nightmare,” but it is unlikely to be a deciding factor in the case, said Eric A. Goldstein, a senior attorney with the Natural Resources Defense Council, a nonprofit environmental advocacy group that supports congestion pricing, in an interview with the New York Times.

Little in the memo was surprising, and Liman, the judge in the litigation, is already familiar with the issues after hearing four other challenges to congestion pricing, Goldstein said.

Corey Bearak, a lawyer who opposes congestion pricing, told the New York Times that the Trump administration should consider other ways to challenge the program, including by joining litigants fighting congestion pricing in state court.

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3. Former DOJ lawyer faces disbarment for entanglement…

Ethics

Former DOJ lawyer faces disbarment for entanglement in ‘one of the largest kleptocracy schemes in history’

By Debra Cassens Weiss

April 17, 2025, 3:07 pm CDT

A lawyer who worked for the U.S. Department of Justice is facing disbarment after pleading guilty for his role in an illegal foreign influence scheme that allegedly stemmed from his friendship and legal work for hip-hop artist Prakazrel “Pras” Michel.

Lawyer George A. Higginbotham, a former senior congressional affairs specialist at the DOJ, prepared fake loan documents, investment agreements and consulting agreements to hide the source of tens of millions of dollars intended to be used to lobby the U.S. government, according to the April 16 opinion by the Appellate Division’s Second Judicial Department of the New York Supreme Court.

The Legal Profession Blog published highlights.

Higginbotham’s work was intended to facilitate lobbying for the extradition of a political dissident to China and to resolve an investigation of a foreign national who orchestrated a multibillion-dollar embezzlement scheme involving a Malaysian sovereign wealth fund.

Higginbotham was working on behalf of Michel, who wanted help with his dealings with the foreign national, Jho Low, according to Higginbotham’s testimony, as reported by Reuters, at Michel’s trial in April 2023.

Higginbotham entangled himself in a conspiracy to avoid prosecution “in one of the largest kleptocracy schemes in history,” the appeals court said. “Anything less than a disbarment is unwarranted.”

Higginbotham pleaded guilty to one count of conspiracy to make false statements to a bank in November 2018, according to a press release. He did not influence any aspect of the DOJ investigation involving the investment company known as 1MDB.

Higginbotham was sentenced to probation in November 2023 and ordered to forfeit $70,000, the amount of money that he was paid after submitting invoices for work in the scheme.

Michel was convicted of conspiracy and other charges in April 2023 for using straw donors in the lobbying campaign.

Low was convicted and sentenced in absentia to 10 years in a Kuwaiti prison, the New York Post reported in March 2023.

See also:

Despite lyrics mistake by AI, lawyer wasn’t ineffective for using tech in rapper’s case, federal judge says

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3. Former Thompson Hine partner won’t have…

Law Firms

Former Thompson Hine partner won’t have to arbitrate surviving sex bias claims, federal judge rules

By Debra Cassens Weiss

April 7, 2025, 9:28 am CDT

A federal judge in New York City has refused to dismiss several claims against Thompson Hine in a lawsuit brought by a fired income partner, who alleged that the law firm’s New York office was run “like a toxic boys club locker room.”

In a March 31 opinion, U.S. District Judge Andrew L. Carter Jr. on the Southern District of New York allowed lawyer Rebecca Brazzano’s claims for a hostile work environment, sexual harassment, sex discrimination, retaliation, and aiding and abetting violations of anti-discrimination laws. Some of the claims were brought under New York state law and New York City law, and some were brought under Title VII of the Civil Rights Act.

The tossed claims included defamation, abuse of process, retaliation based on a response to the Equal Employment Opportunity Commission, and negligent infliction of emotional distress. As a result of the dismissals, Ohio partner Thomas Feher, accused of involvement in the EEOC response, is no longer a defendant.

Law360 and Law.com covered the decision.

Carter said the firm could not compel arbitration because the firm’s arbitration clause was invalidated under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law applied because Brazzano was fired in April 2022, a month after the law took effect.

The suit had alleged that partner Richard De Palma perpetuated an “old boys’ network” and “horded” incoming work or sent it to male equity partners. He was the New York litigation vice chair at the time of the alleged events; he is now the chair of international arbitration, according to Law.com.

A Thompson Hine spokesperson commented in an email to Law.com.

“We are gratified that the court has agreed with us and taken the first step of dismissing many of Ms. Brazzano’s claims on their face,” the statement said. “We will continue the process of demonstrating, through evidence, that there is no basis for the remainder of Ms. Brazzano’s outlandish allegations, in whichever forum the courts ultimately determine is appropriate.”

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3. Lawyer alleges BigLaw firm fired her 11 days…

Disability Law

Lawyer alleges BigLaw firm fired her 11 days after she disclosed epilepsy diagnosis, violating disability law

By Debra Cassens Weiss

April 10, 2025, 9:00 am CDT

A former lawyer at Ballard Spahr has filed a lawsuit alleging that she was fired for taking medical leave after suffering gastrointestinal problems and a seizure.

Kimberly Steefel, a former of counsel for Ballard Spahr, filed the April 8 suit in the U.S. District for the Southern District of New York, Law360 reports in a story noted by Above the Law.

Steefel learned that she was being fired in October 2022 on the day that she returned to the law firm’s New York office from medical leave, according to her suit. Only 11 days before she had disclosed her epilepsy diagnosis and her medical provider’s recommendation for an accommodation in the form of a flexible work schedule, the suit says.

Steefel suffered from gastrointestinal problems and what she thought was her first seizure before beginning the medical leave. She later sought “16 reasonable accommodations for her epilepsy,” the suit says.

The accommodations stemmed from the effect of epilepsy on stamina and concentration and the need to “avoid environments pervaded by anxiety and hostility,” which can lower the seizure threshold, according to the suit.

There was no attempt to discuss accommodations, the suit says. Steefel was initially told that her employment would end no later than mid-January 2023, but the date was later pushed back to mid-April 2023.

Before she learned of her firing, Steefel had “received nothing but praise and positive feedback” for her work, the suit says.

Her suit alleges discrimination, retaliation, hostile treatment and wrongful termination on the basis of Steefel’s disabilities and gender in violation of the Americans With Disabilities Act, Title VII of the Civil Rights Act and state and local anti-discrimination laws.

The suit alleges that the firm has a history of discriminating against disabled people, pointing to Ballard Spahr lawyer job ads with “nonsensical physical requirements” that include the ability to “stand, walk, bend and stoop,” to sit for long periods of time, and to “lift up to 40 pounds.”

Steefel also alleges that her practice group, the employee benefits and executive compensation group, created a hostile work environment on the basis of sex.

The group had a “systematic practice” of “replacing the junior- or mid-level female attorneys with other female attorneys at the same or lower level, thus keeping the cycle of maintaining females at lower-level positions only, and at the same time, hiring into and promoting to more senior-level positions only males,” the suit says.

Ballard Spahr provided this statement to the ABA Journal: “The firm disputes the allegations contained in Ms. Steefel’s complaint, and in particular, that she was terminated due to an alleged disability or her gender. The firm will defend the case vigorously.”

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3. ‘Stay out of my shorts,’ other discourteous…

Judiciary

‘Stay out of my shorts,’ other discourteous comments led to censure for New York judge

By Debra Cassens Weiss

April 10, 2025, 2:11 pm CDT

Updated: A New York judge who didn’t want to transition to new case-tracking systems has agreed to a censure for gratuitous and discourteous remarks that he made while expressing his displeasure to colleagues and to officials who transferred him to a new court.

The remarks by Judge Daniel L. Seiden of the Binghamton City Court in New York contributed to a hostile work environment, according to an April 8 press release by the New York State Commission on Judicial Conduct.

Seiden raised his voice and told the chief clerk and the deputy chief clerk to “stay out of my shorts” when they came to his office in April 2023 to discuss a change to a check-box case-history system, according to a March 28 determination and an agreed statement of facts signed in February.

Seiden said the “stay out of my shorts” comment was intended to convey “stay out of my business as a judge.”

Then when the administrative judge announced that the court was going to implement a new web-based case-filing system, Seiden declared in an email that he will always ask the clerks for physical files when he is on the bench.

Seiden emailed senior court officials in October 2024 after he was told of his reassignment.

“The game that you are playing, using an administrative trick to de facto remove me from my elected position for your own nefarious purposes, is a dangerous one: trying to get in the back door what you will probably never get through the front door, all the while depriving the citizens of Binghamton of their elected official while brazenly violating several state statutes,” he wrote.

He also said the officials’ “arrogance is breathtaking,” they “are utterly out of control and intoxicated by power and privilege,” and they used “administrative sleight of hand.”

During the ethics proceeding, Seiden was “cooperative and contrite,” according to the statement of facts. He has also completed civility training.

Seiden apologized to the clerks and judges for his “unprofessional remarks” and “appreciates that an apology to them at the time would have been appropriate,” the statement of facts said.

Robert H. Tembeckjian, the judicial conduct commission’s administrator, said in a statement judges must be patient, dignified and courteous.

“Petulant quarreling with colleagues is neither productive nor conducive to the administration of justice,” Tembeckjian said.

In a separate action, Seiden sought to be transferred back to the Binghamton City Court. The court to which he was reassigned is 45 miles from his residence, and his transfer there was arbitrary and capricious, he argued in a Jan. 7 mandamus petition that is pending in the Appellate Division’s Third Judicial Department of the New York Supreme Court.

The petition said Seiden’s statement to “stay out of my shorts” was misinterpreted as sexual in nature and may have been used to justify the July 23, 2024, transfer order, which was made without notice and without explanation. The same day that he received the order, he was escorted from the Binghamton City Court premises “in full view” of his colleagues, the petition said.

The petition also referenced “a corrosive culture in Binghamton City Court” because of the marriage of two officials that is “perhaps not technically nepotistic or illegal.”

A Feb. 25 letter indicated that the parties were in settlement negotiations.

Seiden declined the ABA Journal’s request for comment but informed the Journal in an email that he is scheduled to resume regular duties in the Binghamton City Court on April 28, and he is still working in the Cortland City Court in New York.

His judicial term expires in 2034, but he will have to retire at the end of 2028 because he turns 70 years old that year.

Hat tip to the Legal Profession Blog, which noted the censure.

Updated April 11 at 11:04 a.m. after Judge Daniel L. Seiden declined to comment and provided his return-to-office date. Updated April 11 at 2:29 p.m. to include information on Seiden’s mandamus petition.

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When the U.S. Supreme Court on Monday vacated a temporary restraining order (TRO) prohibiting President Donald Trump from deporting Venezuelan migrants under an 18th century wartime authority, the ruling indicated the case would be adjudicated in Texas, where appeals are overseen by the most conservative federal circuit in the nation. However, a federal judge in New York on Wednesday issued a separate TRO one day after attorneys for the American Civil Liberties Union (ACLU) filed a class-action lawsuit in challenging the administration’s fast-tracked deportations under the Alien Enemies Act of 1798 (AEA) on behalf of two Venezuelan nationals currently being detained in the state.

U.S. District Judge Alvin Hellerstein granted the petitioners’ request to halt deportations of Venezuelan migrants under the AEA, according to a courtroom report from MSNBC legal contributor Adam Klasfeld. The TRO is not nationwide, reportedly only covering individuals currently detained in the Southern District of New York.

The two unnamed migrants, ages 21 and 32, filed the 21-page lawsuit seeking the emergency ordering preventing the federal government from moving the plaintiffs out of the jurisdiction and from deporting any similarly situated migrants under the AEA.

According to the complaint filed in the Southern District of New York, in the wake of the Supreme Court’s vacating the TRO, the administration “is resuming its summary removals of Venezuelans who are in ongoing immigration proceedings, including Petitioners here, without any judicial review — including by this Court.”

“Respondents seek to move Petitioners in secret, without due process, to a prison in El Salvador known for dire conditions, torture, and other forms of physical abuse — possibly for life,” the complaint states.

The judge scheduled a hearing in the matter for Wednesday.

Trump on March 15, 2025, became the first president since World War II to invoke the AEA, which authorizes him to summarily remove “natives, citizens, denizens, or subjects” of a “hostile nation or government” when there is “declared war” against it or when it has “perpetrated, attempted, or threatened against the territory of the United States” an “invasion or predatory incursion.” In a controversial and novel use of the power, Trump declared the Venezuelan gang Tren de Aragua (TdA) had committed or attempted an “invasion” or “predatory incursion” such that any member of the group was summarily removable under the Act.

The administration asserted that the gang constituted a “hybrid criminal state” for purposes of invoking the AEA.

A 38-year-old man in New York City has been arrested after he allegedly performed an illegal plastic surgery procedure inside his home on a 31-year-old woman who was left brain-dead. Felipe Hoyos-Foronda was taken into custody at John F. Kennedy International Airport on Friday and charged with one count of second-degree assault and one count of unauthorized practice of a profession.

According to a criminal complaint obtained by The Independent, the victim went to Hoyos-Foronda’s home in Queens on the evening of March 28, 2025, because she wanted to have her butt implants removed. Shortly after she arrived at the residence, which reportedly doubled as a makeshift medical office, authorities say that Hoyos-Foronda administered several lidocaine injections.

Unfortunately, the injections soon caused the victim to go into cardiac arrest, police said. Hoyos-Foronda reportedly called Emergency Medical Services to his home before fleeing the scene in his car.

Upon arriving at the scene, first responders entered the home where they found the victim unresponsive. She was transported to Astoria General Hospital for treatment, where doctors believed she suffered lidocaine toxicity due to excessive amounts of the drug being in her system, The New York Daily News reported. The condition typically causes seizures and an irregular heartbeat, but in extreme cases leads to cardiac arrest.

The building’s landlord reportedly provided authorities with information on Hoyos-Foronda and his photograph.

A Columbia University student who is currently being chased down by the Trump administration has filed a lawsuit that aims to undercut the government’s ongoing search and apparent concomitant efforts to deport her.

Yunseo Chung is a lawful permanent resident who has lived in the United States since she was 7 years old, according to the complaint filed in the U.S. District Court for the Southern District of New York on Tuesday. Though technically a Korean national, the U.S. is “the only country she has ever known,” the 48-page lawsuit explains.

The 21-year-old junior has a 3.99 GPA and is highly engaged in various extracurricular activities, the lawsuit notes. Before that, Chung was her high school’s valedictorian. But the plaintiff’s academic achievements have seemingly been overshadowed by her participation in protests related to the Israel-Hamas war, the lawsuit says.

“Since 2023, along with hundreds of her peers, Ms. Chung has also participated in some student protests and demonstrations on Columbia University’s campus related to Israel’s military campaign in Gaza and the devastating toll it has taken on Palestinian civilians,” the lawsuit reads. “Ms. Chung has not made public statements to the press or otherwise assumed a high-profile role in these protests. She was, rather, one of a large group of college students raising, expressing, and discussing shared concerns.”

A New York couple was charged with manslaughter months after prosecutors said they lied about their rental home having functional smoke detectors.

A press release from the New York State Police Bureau of Criminal Investigation and the Dutchess County District Attorney’s Office announced the March 18 arrest of Dennis Darcy, 57, and Meredith Darcy, 55, following an investigation into an October 2024 house fire that killed 35-year-old Shannon Hubbard and her 1-year-old daughter Margaret. According to the release, the house owned by the Darcys was being rented out to Hubbard and her family on Airbnb, which allegedly specified that the house was equipped with functioning smoke detectors.

WRGB, a local CBS affiliate, reported that the investigation allegedly found that there were no smoke detectors at the home at all.

The Trump administration has “unconstitutionally silenced” people living in the United States from “speaking, hearing, or engaging with viewpoints critical of the U.S. government” through deportation and other means, says a new lawsuit from a Cornell University professor and two students, which points to the detainment and attempted deportation of a “pro-Palestinian” protester at Columbia University earlier this month as an example.

The American-Arab Anti-Discrimination Committee (ADC), along with co-counsel, is suing President Donald Trump and the Department of Homeland Security on behalf of the Cornell professor and two graduate students at the New York college for what they say is a “campaign” being waged against free speech through executive orders (EOs) issued by Trump and carried out by his administration, “particularly as it targets international students and scholars who protest or express support for Palestinian rights,” according to a Sunday statement from ADC officials.