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ECBAWM Partner Zoe Salzman Featured in “Above the Law” Article About Remote Litigation

Litigator and ECBAWM partner Zoe Salzman explains the opportunities and challenges in litigating cases remotely in the Above the Law article “How Courts and Litigators Are Making the Best of Remote Practice.” Salzman, who recently chaired the program “Current Trial Issues in Federal Civil Practice” for the Practising Law Institute, expressed hope that the benefits of remote litigation – like reduced travel time and fewer delays – will continue beyond the pandemic. “[This way] judges don’t waste time waiting for lawyers to show up, the lawyers can be there at the right time and only devote the time for the actual proceeding,” Salzman said. “The system works well and it’s good for clients.”

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ECBAWM Partner Debbie Greenberger Argues for Overhaul of New York State’s Sexual Abuse Statute of Limitations

In an op-ed published in City Limits, ECBAWM partner Debbie Greenberger and co-author Andrew Shubin of Shubin Law argue that New York State must overhaul the statute of limitations for sexual abuse “to ensure that victims, no matter their age, have continuing access to the courts.”

Although the New York Child Victims Act created a two-year “window” for civil sexual assault claims that would otherwise be time-barred, this window closes on August 14, 2021. As Ms. Greenberger and Mr. Shubin point out, because of the trauma survivors experience and the actions perpetrators and their institutional enablers purposefully take to silence victims, the average age to report childhood sexual abuse is 52 years old – far after the applicable statute of limitations before the Child Victims Act.

“Continuing legal reform is urgent to prevent the statute of limitations from offering refuge to sexual abusers and the institutions—schools, health care providers, camps, athletic, and religious organizations—who protect perpetrators who present ongoing and potent dangers,” write the authors. “Victims must be able to hold institutions accountable for facilitating and covering up their employee’s sexual abuse and for their indifference to the wellbeing, and suffering, of the children in their care.”

You can read more about the closure of the New York Child Victims Act in Insider‘s article “Lawyers are rushing to file child sexual abuse lawsuits before New York’s statute of limitations goes back into effect.

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ECBAWM Wins Prison Release for Christopher Ellis, Who Served 30 Years After Being Wrongfully Convicted

On Monday, August 9, New York State Supreme Court Justice Patricia A. Harrington ordered the release from prison of Christopher Ellis, a man who served over 30 years for a crime he did not commit.

Mr. Ellis was accused of committing a murder on Long Island in 1990. Despite no physical evidence against him, Mr. Ellis, who is Black, was investigated by white detectives, convicted by an all-white jury, and sentenced to prison in 1992. Last month his conviction was vacated because the police had concealed multiple murder suspects from the defense and, apparently, the prosecution.

“The police showed absolutely no regard for Chris,” said ECBAWM partner Ilann Maazel, noting that during Mr. Ellis’ 18-hour interrogation he was denied food and drink and repeatedly roused from sleep. “He was worthless to them. And he is one of many young Black men who have had that experience.”

The Nassau Country District Attorney’s Office will decide by September 20 whether to retry Mr. Ellis.

Mr. Ellis is represented by Mr. Maazel and ECBAWM associate Scout Katovich.

Press
“After Key Evidence Was Withheld, 2 Men Spent 3 Decades in Prison,” The New York Times
“Man jailed for murdering Hofstra coach has conviction overturned after decades behind bars,” New York Post
“Judge orders Hempstead man released after 30 years behind bars,” Newsday
“‘I just want to run to the car’: NY man leaves prison after wrongful conviction,” PIX 11
“Long Island man’s conviction in 1990 murder of Hofstra coach tossed,” FOX 5
“Nassau man’s murder conviction overturned after 3 decades behind bars,” News 12 Long Island [VIDEO]

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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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New York Times Publishes Letter from ECBAWM Partner Zoe Salzman: “Holding Rapists Accountable”

In a letter published on July 23 by The New York Times, ECBAWM partner Zoe Salzman provides additional insight into the reasons sexual assaults are frequently underreported to the police and the vital role civil lawsuits often play in providing justice for survivors.

“[Going to the police] brings up all the burdens of re-traumatization and re-victimization, with very little promise of conviction,” writes Salzman. “That means that until our criminal justice system is seriously overhauled, a civil lawsuit is often the only viable option survivors have to hold those who raped them accountable.”

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CNN, Sports Illustrated, and Other Major Media Cover Latest OSU Sexual Assault Lawsuit

Major media outlets have covered the latest lawsuit filed by ECBAWM against The Ohio State University for the role it played in facilitating and concealing the sexual abuse of student-athletes by its former employee Dr. Richard Strauss.

Press Coverage 
“Nearly 30 new alleged abuse victims sue The Ohio State University,” CNN
“More Men Were Abused by Former Ohio State Doctor, New Lawsuit Says,” Sports Illustrated
“More men were abused by former Ohio State doctor, new lawsuit says,” ESPN
“New Lawsuit: More Men Were Abused by Ohio State Doctor,” US News & World Report
“New lawsuit: More men were abused by Ohio State doctor,” Associated Press

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ECBAWM Files Third Lawsuit Against The Ohio State University for Its Role in Facilitating and Concealing Sexual Assaults

ECBAWM has filed a lawsuit against The Ohio State University (“OSU”) on behalf of 29 survivors of sexual assault by former team doctor Richard Strauss.

The plaintiffs in Moxley v. OSU include Timothy Moxley, who was abused by Strauss first multiple times as a high school student at a wrestling camp held on OSU’s campus and then again as a student athlete at OSU, and 28 other men who were sexually assaulted, abused, molested, and harassed by Strauss while he was employed by OSU.

A 2019 investigation commissioned by OSU and conducted by the law firm Perkins Coie uncovered at least 177 abuse survivors and concluded that OSU had repeatedly failed to investigate or address complaints about Strauss.

Several months later, a report commissioned by Ohio Governor Mike DeWine also concluded that OSU failed to protect or inform students – even after the school was notified in 1996 by the State Medical Board about Strauss’ conduct. Instead of working to identify other students who had been abused by Strauss, as OSU told the State Medical Board it would, the school instead destroyed the health care records of students who had been examined by Strauss.

The firm has previously filed two separate lawsuits against OSU for its facilitation and concealment of sexual assaults by Strauss: Snyder-Hill v. OSU in 2018 and Khalil v. OSU in 2019.

OSU previously admitted that Strauss committed 47 rapes and 1,429 sexual assaults of student-patients while employed by OSU.

The Moxley plaintiffs are represented by ECBAWM’s Ilann M. Maazel, Debra Greenberger, and Marissa Benavides, along with Scott Elliot Smith LPA and Public Justice.

If you have been affected by the sexual abuse at Ohio State, please call us at 212-763-5042, email ohiosurvivors@ecbawm.com, or use this form.

Press Coverage
“Twenty-nine new plaintiffs sue Ohio State over university’s knowledge of Strauss abuse,” The Columbus Dispatch

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ECBAWM Represents Family in their Civil Rights Lawsuit Against Federal Correctional Officers Who Took Jamel Floyd’s Life

On June 3, 2020, Jamel Floyd died at the hands of federal correctional officers at the Federal Bureau of Prisons’ (“BOP”) troubled Brooklyn jail facility, the Metropolitan Detention Center (“MDC Brooklyn”). On behalf of Mr. Floyd’s mother, Donna Mays, and Mr. Floyd’s extended family, Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a civil rights lawsuit against the United States and the BOP correctional officers who caused Mr. Floyd’s tragic, untimely death.

Mr. Floyd was housed in solitary confinement at the MDC Brooklyn last June when he began to experience a medical or mental health crisis. Instead of using non-violent measures to assist Mr. Floyd, dozens of BOP correctional officers descended on Mr. Floyd’s cell armed with riot shields and pepper spray. After Mr. Floyd followed the correctional officers’ orders, the officers repeatedly doused Mr. Floyd with pepper spray while he was locked alone in his cell, causing him to immediately collapse and go into cardiac arrest.

When BOP correctional officers opened the cell door, they found Mr. Floyd on the ground, unresponsive and with his heart failing. Not a single BOP correctional officer or staff member attempted to help Mr. Floyd, even though a health technician was present in the unit and every correctional officer on the scene was trained in CPR. Rather, the officers tackled Mr. Floyd and kept him pinned to the ground for several minutes. Even after an officer announced that he could not find Mr. Floyd’s pulse, the officers kept him pinned and then dragged him out of his cell. Finally, the officers strapped Mr. Floyd’s incapacitated body to a restraint chair—a device designed to restrain violent, out-of-control individuals. Mr. Floyd never recovered. He was pronounced dead upon his arrival at a nearby hospital.

Over the past year, Mr. Floyd’s family has joined Brooklyn community organizers and activists in holding demonstrations and vigils outside of the Brooklyn MDC, where they have demanded transparency, accountability, and justice for Mr. Floyd’s death. In response, the BOP has ignored Mr. Floyd’s family and refused to provide them access to his prison medical and administrative records—files the agency later turned over to Mr. Floyd’s family only after ECBAWM filed a Freedom of Information Act lawsuit in federal court in November 2020.

“Jamel Floyd’s death was not an accident, it was the direct result of a group of correctional officers’ decision to respond to Jamel’s distress with brutal force, and then stand idly by while Jamel lay dying,” said Nick Bourland, an ECBAWM attorney representing the plaintiff. “Law enforcement officers—whether they patrol our neighborhoods or the halls of a federal jail facility—must be held accountable for their actions.”

Mr. Floyd’s family, including the plaintiff in this suit, his mother, Donna Mays, are represented by ECBAWM attorneys Katherine Rosenfeld and Nick Bourland.

Press
“Family of inmate who died after being pepper sprayed in Brooklyn federal prison sues,” CNN
“Family of MDC inmate claims jail guards did nothing as he ‘slowly died,’” New York Post
“Family of man who died at Brooklyn jail in June 2020 sues federal lockup,” New York Daily News
“Metropolitan Detention Center corrections officers ignored Hempstead man’s pleas for help, suit alleges,” Newsday (Long Island)
“After His 2020 Death in a New York Jail Cell, Jamel Floyd’s Family File Lawsuit Against Bureau of Prisons,” Time

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ECBAWM Sponsors of NYU School of Law’s Robert and Helen Bernstein Institute for Human Rights

ECBAWM is pleased to announce that the firm will sponsor NYU School of Law’s Robert and Helen Bernstein Institute for Human Rights (“Bernstein Institute”), reflecting ECBAWM’s historical commitment to defending human and civil rights and ensuring the integrity of judicial and governmental systems. “The objectives and approach of the Bernstein Institute closely align with ours,” said ECBAWM partner Zoe Salzman, who was recently named to the Institute’s Board of Advisers. “Our sponsorship is an opportunity to further the goals we’re all working toward together.”

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ECBAWM Partner Zoe Salzman Named to Board of Advisers for NYU School of Law’s Robert and Helen Bernstein Institute for Human Rights

ECBAWM partner Zoe Salzman has been named as a Member of the Board of Advisers of NYU School of Law’s Robert and Helen Bernstein Institute for Human Rights (“Bernstein Institute”). The Bernstein Institute engages in innovative research, education and advocacy to support projects around the world. Its work is focused in two major areas: encouraging and defending dissent, and legal empowerment so that the law is accessible to everyone. Its programs include the Jailhouse Lawyers’ Initiative, which advocates for the legal empowerment of current and former jailhouse lawyers and law clerks – a process central to ending the cycle of incarceration and enabling communities to obtain freedom from the inside out. As part of its holistic approach, the Bernstein Institute engages with law students, academics, interdisciplinary allies, and, most importantly, the communities that are affected by human rights violations.

The Bernstein Institute is named for Robert L. Bernstein, the founder of Human Rights Watch, and his wife Helen. Bernstein served as the Chair of Human Rights Watch from 1978-1998 and as the Founding Chair Emeritus from 1999 until his death in 2019.

Salzman will join other leaders in law, government, foreign policy, and business in providing strategic guidance to the Bernstein Institute. An experienced trial attorney, Salzman has spearheaded groundbreaking civil rights cases including a class action that ended the Tampon Tax in New York and a landmark victory in the First Department Appellate Division that rape and sexual assault are necessarily motivated at least in part by animus towards the victim’s gender and therefore prohibited by the New York City Victims of Gender-Motivated Violence Protection Law.

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