Michael Keough

Firm/Organization: Steptoe & Johnson LLP

Latest Articles

Judge Marrero Allows New York State Challenge to Federal Fintech Banking Charters to Proceed

By Michael Keough on May 28, 2019

Earlier this month, Judge Marrero denied a motion to dismiss a complaint brought by the New York State Department of Financial Services (DFS) against the U.S. Comptroller of the Currency (OCC). The complaint challenged the Comptroller’s decision to begin issuing special purpose national banking (SPNB) charters to financial technology (“fintech”) companies that, among other things, exempted the companies from certain federal liquidity and capitalization standards. DFS argued that the charters undermined New York’s ability to…

SDNY Blog

Magistrate Judge Gorenstein: Attorney-Client Communications That Include Outside PR Firm Are Not Privileged

By Michael Keough on May 8, 2019

In an opinion this week, Magistrate Judge Gorenstein ruled that sharing attorney-client privileged communications with an outside public relations firm resulted in a waiver of the attorney-client privilege. The plaintiff, Universal Standard, a manufacturer of “size-inclusive” clothing, filed a complaint against Target alleging trademark infringement. After discovery, Target filed a motion asking the court to find that certain emails involving the plaintiff and its outside public relations firm, BrandLink, had been inappropriately listed on the plaintiff’s privilege log.…

SDNY Blog

Trump Family Sues Banks to Prevent Compliance with House Subpoenas

By Michael Keough on April 30, 2019

In a complaint filed yesterday, President Trump, his children, and entities related to Trump family businesses sued two financial institutions to prevent them from responding to recent subpoenas issued by the House Permanent Select Committee on Intelligence and the House Financial Services Committee. The subpoenas seek banking and financial records related to Trump family businesses; according to the complaint, “the subpoenas were issued to harass President Donald J. Trump, to rummage through every aspect of…

SDNY Blog

“Enough is Enough”: Judge Furman Denies Government’s 12th Attempt to Stay Census Citizenship Question Case

By Michael Keough on November 21, 2018

In the ongoing saga of New York State’s attempt to prevent a citizenship question from being added to the 2020 Census, Judge Furman has yet again denied an attempt to stay the proceedings pending review by the U.S. Supreme Court. The request yesterday came on the heels of a request just before the trial in the case (see our coverage here). According to the opinion, the present request was the twelfth time in as…

SDNY Blog

Judge Oetken Enjoins “AlibabaCoin” from Using Alibaba Group’s Marks; Finds Personal Jurisdiction Over Cryptocurrency Transactions Made Using Blockchain in Belarus

By Michael Keough on October 31, 2018

In an order last week, Judge Oetken granted a preliminary injunction to prevent the purveyors of the cryptocurrency “AlibabaCoin” from continuing to use the marks of Alibaba Group, the global e-commerce company based in China. According to Alibaba Group, defendants “published a variety of promotional materials that impermissibly use Alibaba’s trademarks in an effort to align AlibabaCoin with Alibaba in the minds of potential consumers.” Notably, Judge Oetken addressed whether cryptocurrency transactions purportedly occurring in Belarus could be…

SDNY Blog

New Complaint Alleges Trump Family Defrauded Would-Be Entrepreneurs Through Multi-Level-Marketing Scheme; Plaintiffs Move to Sue Under Pseudonyms

By Michael Keough on October 29, 2018

A complaint filed today alleges that Donald J. Trump, the Trump Organization, and members of the Trump family falsely promoted the multi-level-marketing scheme ACN, reaping millions of dollars in secret payments to promote the scheme that led to would-be entrepreneurs losing millions of dollars. According to the complaint, the members of the purported class invested in the multi-level-marketing scheme by paying fees and purchasing training sessions that would allow them to sell ACN’s products (which included…

SDNY Blog

Judge Furman: Census Trial Will Proceed Next Week Despite SCOTUS Order on Ross Deposition

By Michael Keough on October 29, 2018

In the ongoing saga of New York State’s challenge to the U.S. Census question on citizenship (see our previous coverage here), Judge Furman has rejected the Department of Commerce’s 11th hour attempt to delay the trial in the case currently scheduled to begin on November 6. Citing “the defendants’ own urgent need for finality,” Judge Furman found that the Department of Commerce failed to show any irreparable harm should the trial proceed as planned, noting…

SDNY Blog

Judge Broderick: Copyright Case Against Justin Timberlake Is Timely; Plaintiff Had No Duty “Scour” All Songs Immediately After Album Was Released

By Michael Keough on October 3, 2018

Last week, Judge Broderick denied a motion to dismiss a case brought by the copyright holders for the song “A New Day is Here at Last,” written by Perry Kibble in 1969 and performed by J.C. Davis. The suit alleged that Justin Timberlake’s 2006 hit song “Damn Girl” sampled “A New Day is Here at Last” without seeking permission from the copyright holder, a company managed by Kibble’s sister. Timberlake released the song in 2006…

SDNY Blog

Judge Furman: Secretary of Commerce Must Sit for Deposition Over Census Citizenship Question

By Michael Keough on September 27, 2018

This week, Judge Furman ordered U.S. Secretary of Commerce Wilbur Ross Jr. to sit for a deposition in a case challenging the constitutionality of adding a question about citizenship status to the 2020 U.S. census questionnaire. The question had not appeared on the census questionnaire since 1950; according to the complaint, the question was purposefully added to decrease the response rate among immigrant communities, leading to fewer public services and less Congressional representation in…

SDNY Blog

Judge Rakoff Grants Sanctions for “Objector Extortion” in Proposed Class Action Settlement

By Michael Keough on September 21, 2018

Yesterday, Judge Rakoff sanctioned an attorney for an objector to the $3 billion Petrobras securities litigation settlement (see our full coverage of the Petrobras litigation here). Judge Rakoff had approved the settlement over the objections, after which the objectors filed an appeal. According to the class plaintiff, the appeals were part of an “extortionist agenda” to extract a monetary settlement in exchange for dismissing their appeals. Judge Rakoff warned against the rise of frivolous…

Michael Keough

Judge Marrero Allows New York State Challenge to Federal Fintech Banking Charters to Proceed

Magistrate Judge Gorenstein: Attorney-Client Communications That Include Outside PR Firm Are Not Privileged

Trump Family Sues Banks to Prevent Compliance with House Subpoenas

“Enough is Enough”: Judge Furman Denies Government’s 12th Attempt to Stay Census Citizenship Question Case

Judge Oetken Enjoins “AlibabaCoin” from Using Alibaba Group’s Marks; Finds Personal Jurisdiction Over Cryptocurrency Transactions Made Using Blockchain in Belarus

New Complaint Alleges Trump Family Defrauded Would-Be Entrepreneurs Through Multi-Level-Marketing Scheme; Plaintiffs Move to Sue Under Pseudonyms

Judge Furman: Census Trial Will Proceed Next Week Despite SCOTUS Order on Ross Deposition

Judge Broderick: Copyright Case Against Justin Timberlake Is Timely; Plaintiff Had No Duty “Scour” All Songs Immediately After Album Was Released

Judge Furman: Secretary of Commerce Must Sit for Deposition Over Census Citizenship Question

Judge Rakoff Grants Sanctions for “Objector Extortion” in Proposed Class Action Settlement

Company

Support

New to the Network