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ECBAWM Joins Anthony Sims Legal Team

ECBAWM is proud to join the legal team of Anthony Sims, a man who has served 23 years after being wrongfully convicted of the 1998 murder of Li Run Chen.

Mr. Chen was killed by a single shotgun blast while working at a Chinese restaurant in Brooklyn. Undisputed evidence pointed to a different perpetrator altogether. In addition, for decades, law enforcement withheld substantial Brady material and evidence of Anthony’s innocence. As a result, Anthony filed a motion to vacate his conviction and to dismiss all charges against him. The District Attorney’s Office has not joined the motion and a hearing is scheduled to begin on October 14.

ECBAWM attorneys Ilann M. MaazelSam Shapiro, and Nairuby Beckles, along with attorneys Thomas Hoffman and Jonathan Hiles, represent Anthony Sims. More information about the case is available on the Free Anthony Sims website.

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19 ECBAWM Attorneys Named to 2021 Super Lawyers Lists

The firm is pleased to announce that 19 of its attorneys have been named to the 2021 Super Lawyers lists.

Firm partners Richard D. Emery, Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Jonathan S. Abady, Earl S. Ward, Ilann Margalit Maazel, Hal R. Lieberman, Daniel J. Kornstein, O. Andrew F. Wilson, Debra L. Greenberger, and Sam Shapiro were named 2021 Super Lawyers.

Firm partner Zoe Salzman and associates Emma Freeman, David Berman, Scout Katovich, Andrew Jondahl, Nick Bourland, Ananda Burra, and Vivake Prasad were named 2021 Super Lawyers Rising Stars.

The Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found on the Super Lawyers website.

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JJ Velazquez’s Sentence Is Commuted After Fighting for His Freedom for 23 Years

On August 17, 2021, New York Governor Andrew Cuomo commuted the sentence of ECBAWM client Jon-Adrian (“JJ”) Velazquez. Mr. Velazquez has maintained his innocence ever since he was wrongfully convicted in 1998 for a murder he had nothing to do with. Now he has been released from prison and reunited with his family, friends, and supporters.

While incarcerated in the New York correctional system for over 23 years, Mr. Velazquez seized every opportunity to learn, support his peers, and give back—all while fighting for his freedom. He emerged as a leader at the Sing Sing Correctional Facility, where, among other achievements, he earned his college degree with honors, founded a youth program to combat gun violence, organized nonviolence workshops for incarcerated people and their families, and led various fundraising efforts to support his community on the outside.

ECBAWM attorneys Jonathan Abady, Earl Ward, Sam Shapiro, and Nick Bourland represented JJ Velazquez in his clemency efforts.

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Nine ECBAWM Partners Named to Lawdragon’s “500 Leading Plaintiff Employment & Civil Rights Lawyers” List

ECBAWM is pleased to announce that nine firm partners have been named to the “2021 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers” list. The list was created “through nominations and independent journalistic research vetted by peers and adversaries,” legal media company Lawdragon explained on its website.

Andrew G. Celli, Jr., Matthew D. Brinckerhoff, Earl S. Ward, Ilann Margalit Maazel, O. Andrew F. Wilson, Katherine Rosenfeld, Debra L. Greenberger, Zoe Salzman, and Sam Shapiro were each recognized as attorneys “who’ve devoted their careers to helping workers protect their rights.”

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ECBAWM Files Amicus Brief in the Fourth Circuit Arguing Against District Court’s Holding on Sovereign Immunity

ECBAWM filed an amicus brief on behalf of Aziz Huq and Erwin Chemerinsky in the United States Court of Appeals for the Fourth Circuit today in support of Jane Roe, the appellant in Roe v. United States, et al. The brief argues that the District Court erred by holding that sovereign immunity bars Roe’s claims against federal officials in their official capacities seeking injunctive and declaratory relief. ECBAWM partners Ilann M. Maazel and Sam Shapiro authored the brief.

The brief can be read in its entirety here.

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Second Circuit Court Affirms Ruling that Trump Family, Corporation Cannot Compel Arbitration in ACN Fraud Case

On July 28, 2021, the United States Court of Appeals for the Second Circuit affirmed the District Court’s ruling that Donald Trump, his immediate family, and The Trump Corporation cannot compel arbitration of the fraud case pending against them in the Southern District of New York. The case, filed in the fall of 2018, alleges the Trumps defrauded investors into purchasing memberships in a multi-level marketing scheme called ACN. The Trumps had appealed to the Second Circuit arguing that the fraud case could only proceed in private arbitration because of agreements that the investors had signed with ACN. The Second Circuit affirmed the District Court’s denial of the Trumps’ motion to compel arbitration and ruled that the Trumps and ACN were never sufficiently connected such that the investors would have understood that any of their contractual obligations with ACN would correspond to obligations with the Trumps.

“We are glad that the Second Circuit has affirmed Judge Schofield’s well-reasoned opinion. We can now press forward in our fight to obtain justice for our clients and hard-working consumers across the county who fell victim to Donald Trump and his family’s fraud. We look forward to receiving discovery from the Trumps, ACN, and the producers of ‘The Apprentice’ as we move into the next stage of our litigation,” said Andrew G. Celli, Jr., an ECBAWM attorney for the Plaintiff investors.

The investors are represented by ECBAWM attorneys Andrew G. Celli, Jr.Jonathan S. AbadyMatthew D. BrinckerhoffO. Andrew F. WilsonKatherine RosenfeldSam ShapiroDavid Berman, and Nick Bourland.

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ECBAWM Clients File Race Discrimination Suit Against National Realty Firm Alleging Redlining

Emery Celli Brinckerhoff Abady Ward & Maazel LLP filed a federal lawsuit today on behalf of the National Fair Housing Alliance and nine of its member organizations against Redfin Corporation, based in Seattle, Washington. The complaint alleges that Redfin, a national online real estate firm, offers no service to buyers and sellers of homes in communities of color at a disproportionately higher rate than in white areas. The Complaint also alleges that Redfin offers full service, including discounted commissions and buyer refunds, where permitted by state law, to buyers and sellers of homes in white areas at a disproportionately higher rate than in non-white areas.

ECBAWM attorneys Diane L. Houk and Samuel Shapiro represent the plaintiffs, together with Jeffrey Taren of MacDonald Hoague & Bayless.

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ECBAWM Clients Sue Trump Administration for Voter Intimidation

Mi Familia Vota Education Fund and individual plaintiffs sued President Trump, Attorney General William Barr, and Acting Secretary of Homeland Security Chad Wolf for voter intimidation in violation of the Voting Rights Act of 1965, the Ku Klux Klan Act, and the U.S. Constitution.

The complaint alleges that the defendants’ threats to send “sheriffs” and other “law enforcement” to the polls, their encouragement of white supremacist “vigilantes” to monitor the polls, their undermining of mail-in voting, their violent suppression of public protests opposing police brutality, and their rejection of the peaceful transfer of power, collectively constitute illegal voter intimidation. A motion for preliminary injunctive relief and expedited declaratory relief was filed simultaneously with the complaint. The plaintiffs seek to enjoin defendants from continuing to intimidate voters and seek a declaration that defendants’ voter intimidation tactics are unlawful.

Media coverage of the lawsuit can be found at The Hill, Forbes, Newsweek, and Courthouse News.

ECBAWM attorneys Matthew Brinckerhoff, Jonathan S. Abady, Sam Shapiro, and Marissa Benavides represent the clients together with Free Speech for People and Mehri & Skallet, PLLC.

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$3.2 Million Settlement Reached in Illegal Wiretap Class Action

A federal class action brought on behalf of individuals whose communications were illegally intercepted through a scheme orchestrated by a former Brooklyn Assistant District Attorney has been settled with New York City and employees of the Kings County District Attorney’s Office for $3.2 million.

ECBAWM attorneys Richard D. Emery, Samuel Shapiro, and Scout Katovich, along with co-counsel Wiggin & Dana LLP, represent the class, whose communications were intercepted as the result of former Brooklyn ADA Tara Lenich creating fake court orders to fraudulently obtain wiretaps for the phones of a detective with whom Lenich had an affair and a woman Lenich believed to be in a romantic relationship with the detective.

Filed in the United States District Court for the Eastern District of New York, the agreement settles Federal Wiretap Act allegations against the City of New York and employees of the Kings County District Attorney’s Office. Ms. Lenich did not participate in the settlement.

You can read more about this case in Law360. The case is Rosenfeld et al. v. Lenich et al. (1:18-cv-06720, E.D.N.Y.).

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Lawsuit Challenges Louisville’s Military-Grade Protest Response

ECBAWM and co-counsel the NAACP Legal Defense & Educational Fund, Inc. and the American Civil Liberties Union of Kentucky filed a class-action lawsuit against the City of Louisville, Kentucky, its Mayor Greg Fischer, and several Louisville Metropolitan Police Department (“LMPD”) officials and officers to enjoin the LMPD from using military-grade crowd control weapons against peaceful protesters, and it seeks damages on behalf of several such protesters who have already been harmed by these brutish tactics.

After the killings of Breonna Taylor, George Floyd, and so many other Black people who have died at the hands of police, people in Louisville joined in the wave of protests across the country to advocate for an end to racist and violent policing. In response to this courageous exercise of First Amendment rights, the LMPD attacked the peaceful crowds, indiscriminately firing at them with tear gas, pepper bullets, flash bangs, and other military-grade weapons designed for enemy combat. In some cases, officers fired live ammunition into the crowds, striking several protesters. When journalists attempted to document this unconstitutional use of force, officers tracked them down and sprayed them with more pepper bullets and beat them with batons.

“Louisville is using weapons of war against its own citizens,” said ECBAWM partner Sam Shapiro. “It is trying to silence peaceful protestors through unjustified arrests and trumped-up charges. Shockingly, its mayor and the leadership of the LMPD are endorsing this unconstitutional conduct. Our clients are committed to fighting back against these practices. They are bringing this case to make Louisville safe for all peaceful protestors.”

ECBAWM’s Earl S. WardO. Andrew F. Wilson, Sam Shapiro, and Andrew Jondahl, along with attorneys from the NAACP Legal Defense & Educational Fund, Inc. and the American Civil Liberties Union of Kentucky represent Plaintiffs.

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