FIRM NEWS

Client Update: FinCEN Beneficial Ownership Information

In 2021, Congress passed the Corporate Transparency Act, which requires certain businesses to file beneficial ownership information with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Treasury Department. For entities incorporated or otherwise formed prior to January 1, 2024, the deadline for filing initial information is January 1, 2025. This Client Update sets forth the basic rules for who must file, and what information must be provided.

Kirsch & Niehaus Wins Dismissal of RICO and Alien Tort Statute Claims

Yesterday, Kirsch & Niehaus won dismissal with prejudice of all claims against their clients arising out of alleged violations of RICO and the Alien Torts Statute. Plaintiff, a Kazakh citizen living in the United States, sued two prominent Kazakh businessmen alleging a conspiracy to embezzle tens of millions of dollars from a bank in which plaintiff held a large interest.

Netflix’s Squid Game Infringes 2009 Hindi-Language Film “Luck”

Today, Kirsch & Niehaus filed a lawsuit for copyright infringement against Netflix, Inc. in federal district court for the Southern District of New York on behalf of our client, Soham P. Shah.  Mr. Shah, a successful author, screenwriter, and film director wrote the story and screenplay for, and directed, the Hindi-language Film “Luck” released worldwide in 2009. Netflix’s 2021 blockbuster Korean-language series Squid Game is a rip-off of Luck.

Kirsch & Niehaus Seeks Second Circuit En Banc Review on Whether the Copyright Act’s Statute of Limitations Tolerates a Discovery Rule

Today, on behalf of our client, RADesign, Inc., Kirsch & Niehaus PLLC along with co-counsel Weil, Gotshal and Manges LLP, filed a Petition for Rehearing En Banc in Michael Grecco Productions, Inc. v. RADesign, Inc., Case No. 23-1078, seeking review of the decision of the Second Circuit panel to reverse the District Court’s dismissal of the underlying complaint.

Summary Judgment in Lieu of Complaint – When Is a Promissory Note Not Enough?

Kirsch & Niehaus recently defeated a motion for summary judgment in lieu of complaint by showing that a promissory note was inextricably intertwined with other agreements between the parties such that the borrower’s obligations could not be determined solely by the instrument for the payment of money alone.

To Discover or Not to Discover, That is the Question: What's Next for the Discovery Rule When it Comes to Copyright Infringement?

Emily Kirsch, of Kirsch & Niehaus PLLC, argued Michael Grecco Productions, Inc. v. RADesign in the Second Circuit last week on behalf of celebrity shoe designer, Ruthie Davis. Ms. Kirsch urged the Court of Appeals to affirm the District Court’s Rule 12(b)(6) dismissal of Grecco’s copyright infringement claim for untimeliness.

Navigating a Smooth Job Changeover In Private Equity

Paul Niehaus shared his thoughts with Law360 on the unexpected challenges that may arise when career transitioning in private equity and how to best navigate this process.

Kirsch & Niehaus New Office

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Navigating Arbitral Subpoenas in A Post-COVID Landscape

Emily Kirsch and Craig Tarasoff shared their thoughts with Law360 on how the COVID-19 pandemic shone a bright light on the limits of arbitral subpoenas in an increasingly virtual world, how to best navigate this landscape, and what needs to change going forward.

Kreindler Says 9/11 Case Leak Doesn't Warrant Sanctions

Kirsch & Niehaus represents Kriendler & Kriendler LLP in their case involving a former consultant's disclosure of documents related to the 9/11 terrorist attacks.

N.Y. Firm Spurns Ex-Clinton White House Counsel's Fee Demand for 9/11 Work

Kirsch & Niehaus represents N.Y. firm Kriendler & Kriendler LLP in litigation surrounding the 9/11 terrorist attacks.

Kirsch & Niehaus, PLLC Wins Dismissal of All Claims Against Ja Rule Arising from Fyre Festival Litigation

On November 7, 2019, Paul Niehaus of Kirsch & Niehaus PLLC won a full dismissal, with prejudice, of all claims against Ja Rule in a putative class action arising from the infamous Fyre Festival. The U.S. District Court for the Southern District of New York had earlier dismissed most of the claims against Ja Rule, but had provided plaintiffs with a final opportunity to replead a handful of claims. Plaintiffs were unable to do so, and the court’s ruling effectively ends the litigation as against Ja Rule. The full opinion may be found here, and a Law360 article on the ruling may be found here.

Pure Intellectual Pursuit: The Camaraderie and Competition of the Hinton Moot Court

The University of Chicago Law School Alumni Magazine, Fall 2018

When Fair is Foul: The Confusing State of FDCPA Guidance in the Second Circuit

Recent developments in the Second Circuit’s interpretation of the Fair Debt Collections Practices Act (FDCPA) have undermined the security of the safe harbor previously established by the court and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA.