Legal Analysts

Friday, June 09, 2023

Scripps News: Attorney Andrew Lieb Talking About Donald Trump Being Indicted In The Classified Documents Case

Andrew Lieb, a renowned constitutional attorney, was recently invited to provide expert commentary on Scripps News regarding the groundbreaking indictments of former President Donald Trump in Florida and Washington DC. The charges range from mishandling classified documents to violating the Espionage Act.

Lieb described the indictments as shocking due to their sheer magnitude. He highlighted that the incident marked a significant moment in U.S. history, where a former president was facing legal scrutiny on this scale. 

He also addressed House Minority Leader Kevin McCarthy's public backlash against the indictment, which he deemed as a severe injustice and an unprecedented politicization of the judiciary.

According to Lieb, it is essential to appreciate that no one, including a former president, is above the law. At the same time, he noted that the case could set a precedent where potential public office candidates must maintain impeccable records to avoid similar legal scrutiny.

Lieb underlined the potential political implications of the indictment, suggesting that while it could benefit Trump in terms of visibility and fundraising amidst a crowded nomination field, the former president should prioritize his legal defense over political aspirations due to the severity of the charges.

The attorney eloquently captured the dilemma many Americans are currently grappling with: the desire for the rule of law to prevail versus the fear of potential political witch-hunts. In Lieb's view, the resolution of this case could significantly impact public trust in our judicial system and the very foundations of our democracy.

Navigating Updates in New York's Sexual Harassment Laws: A Fresh Perspective on Labor Law Section 201-g for Employers

As the landscape of anti-discrimination law continues to evolve, New York's Labor Law Section 201-g has seen significant updates that employers / employees should be aware of.  

The updates, which are encompassed in a  Model Sexual Harassment Prevention Policy, aim to strengthen workplace protections and foster a safe environment for all employees. New York employers must adopt the model policy or create their own sexual harassment prevention policies that meet or exceed state standards. They are also obligated to provide employees with annual sexual harassment prevention training. 

Let's take a closer look at the key changes:

1. Expanded Definition of "Sexual Harassment:

The new policy broadens the definition of sexual harassment to include harassment based on gender, gender identity, gender expression, or sexual orientation. It recognizes that harassment doesn't have to be of a sexual nature, emphasizing that any form of harassment related to these characteristics constitutes sexual harassment. Furthermore, the policy defines important terms such as "cisgender," "transgender," and "non-binary" to ensure a comprehensive understanding.

2. Updated Standards:

Previously, proving a claim of sexual harassment required demonstrating that the conduct was "severe and pervasive." However, the updated policy aligns with the law's 2019 amendments which eliminated this strict standard. Instead, it emphasizes that New York plaintiffs need only show they experienced inferior treatment compared to others based on protected class membership, similar to the standards set by the New York City Human Rights Law.

3. Virtual and Hybrid Workspaces - A New Frontier of Harassment:

The updates in the law recognize the rise of virtual and hybrid workspaces, providing examples to illustrate what constitutes harassment in these contexts. In a world where many employees continue to work remotely, it's crucial for employers to understand and address harassment that may occur outside of the physical office. This includes unwelcome comments or behaviors in virtual meetings and messaging apps, among other things.

4. Universal Application Across Discrimination Types:

The law clarifies that the policy applies equally to all forms of discrimination based on other characteristics, such as race, age, religion, disability, or sexual orientation. It underlines the fundamental principle that all employees should be free from any form of discrimination, regardless of its nature. The reporting and investigation procedures for other forms of discrimination are aligned with those for sexual harassment, ensuring consistent treatment and protection across all protected classes.

5. Interplay Between Sex and Other Protected Characteristics:

The revised law offers examples showing how sexual harassment can intersect with other forms of discrimination. These instances are crucial for employers to understand as they illustrate complex situations where employees might be subjected to discrimination based on multiple protected characteristics simultaneously. 

6. Third-Party Intervention: A Key Role:

One key update emphasizes third-party intervention in instances of perceived harassment or discrimination. The policy provides a clear set of five steps that bystanders can take to intervene and support those affected, including interrupting the harassment, seeking help from a third party, making a record of the incident, checking in on the target, and confronting the harasser. This change underscores the collective responsibility within organizations to maintain a respectful and inclusive work environment. 

7. Strengthened Retaliation Protections:

The policy's retaliation section now explicitly lists examples of retaliatory actions, including disparagement on social media platforms. Importantly, employees are protected from retaliation even if the alleged conduct is not ultimately deemed unlawful, provided they had a good faith belief that it was. This provision encourages a safe reporting environment for all individuals.

8. The Responsibility of Supervisors:

Supervisors play a critical role in maintaining a harassment-free workplace. The updated policy emphasizes that supervisors must not wait for a formal complaint before reporting incidents of harassment. It highlights their duty to offer accommodations to victims and highlights the potential disciplinary consequences for supervisors who fail to report known instances of harassment. 

Streamlined Complaint and Investigation Process:

The new policy streamlines the complaint and investigation process, with an emphasis on promptness. Investigations should be initiated and completed as soon as possible. Additionally, employees are no longer required to submit complaints solely through the policy's complaint form; they can report incidents orally or in other written forms such as emails.

The revised sexual harassment prevention policy in New York State signifies a crucial step forward in creating safer and more inclusive workplaces. By familiarizing themselves with these changes, employers and employees can contribute to a work environment free from discrimination.

Thursday, June 08, 2023

New York's Expanding Whistleblower Law: Empowering Employees or Encouraging Tattle-tailing on Taxes

The state's taxpayer whistleblower law was recently expanded by Part DD of S4009C, the state budget, and employers should be nervous because now employees can bring lawsuits on suspicion that their employer evaded their tax obligations. 

The whistleblower law, which is formally called The New York False Claims Act (FCA), allows whistleblowers to bring suits against individuals and entities that knowingly submit deceptive claims to the government, including tax fraud. Initially, claimants were limited to individuals with specific knowledge of the taxpayer's preparation process. However, as amended under S4009C, New York State Finance Law Art. 13 §189-h now enables claims against individuals or entities who deliberately evade tax obligations where claims can be advanced solely on suspicions. 

Given that the FCA allows whistleblowers to recover monetary damages of 30 percent of the government's recovery and that the government can recover three times the loss sustained by the state, it bodes to reason that disgruntled employees are quite incentivized to bring claims in selling out their employers. 

The amendment permits claims on tax concealments from May 3, 2020, but does not allow raising retroactive claims in pending cases. Individuals and business entities should immediately reassess their filing obligations and be clear on which employees have access to their records. 

As amended, the FCA is very likely to shake up the dynamic between bosses and employees. With enticing financial incentives on the line for successful whistleblowing claims, things are about to get interesting. 

Scripps News: The Supreme Court Upholding Ban On Racial Gerrymandering: Attorney Andrew Lieb Shares Insights

In an interview with Scripps News, Attorney Andrew Lieb discussed the court decision finding Alabama's congressional map in violation of the Voting Rights Act of 1965. Lieb provided insights on the implications of the ruling, highlighting its significance for voting rights in Alabama and nationwide.

The Impact on Voting Rights:

Lieb emphasized that the ruling is based on the 15th Amendment, an anti-discrimination law. The court found the district boundaries to be discriminatory, allowing only one African-American majority district. This decision reinforces the need to protect voting rights and prevent discrimination.

A Shift in the Supreme Court:

Lieb discussed Chief Justice John Roberts' role in the Supreme Court. Roberts aims to maintain the court's legitimacy by standing against discrimination. This decision represents his attempt to reassert influence and promote a balanced approach within the court.

Advocating Unity and a Future Free from Discrimination:

Attorney Andrew Lieb passionately reflects on the enduring discussions surrounding discrimination laws, acknowledging the difficulty of empathizing with others' experiences. He emphasizes the importance of anti-discrimination laws and encourages a discourse centered around supporting one another. Lieb calls for unity, urging a departure from tribal politics and envisioning a future where discrimination is eradicated.

Newsweek: Donald Trump Suffers the Worst Hit Yet in String of Legal Blows. Analysis with Attorney Andrew Lieb.

This Newsweek article covers the ongoing legal troubles of former President Donald Trump, focusing on the recent testimony of his Chief of Staff, Mark Meadows. As part of two federal investigations into Trump, Meadows was subpoenaed and reportedly answered questions possibly regarding Trump's attempts to overturn the 2020 election results, his actions surrounding the January 6 Capitol riot, and his retention of classified documents. Attorney Andrew Lieb suggests this could spell bad news for Trump, particularly if Meadows did not plead the Fifth Amendment because he managed to secure an immunity deal. This event follows other legal hits Trump has received, including being charged with 34 felony counts of falsifying business records in NY and being found liable in a civil sexual abuse case. 

Legal and political analyst Andrew Lieb reads significance into Meadows' testimony, suggesting that the absence of a Fifth Amendment plea and a possible immunity deal could prove damaging for Trump.

According to Lieb, Meadows, being a central figure in the White House at the time of the controversial events could provide key insights that could implicate Trump in serious charges, such as seditious conspiracy related to the January 6 incident.

Read the full article in Newsweek Here.

Wednesday, June 07, 2023

Fox LiveNOW: Imminent Indictment of Trump Could Reveal Deep Rot in American Politics. Analysis with Attorney Andrew Lieb.

In a recent interview on Live NOW from FOX, legal analyst and Attorney Andrew Lieb offered in-depth commentary about the possibility of Donald Trump's indictment happening this week in both DC and FL concerning the mishandling of classified documents.

Indictment Tea Leaves:

Lieb indicated that Trump's recent meeting with the DOJ signals an imminent indictment. He stated, "defense attorneys often will come in and meet with the prosecutor" before an indictment, and Trump's recent social media posts also suggest he believes an indictment is pending.

Political Magician Trump:

Lieb praised Trump as a "political magician" who might use a potential indictment to fuel political allegiance and fundraising efforts. However, he cautioned that this tactic could backfire in his criminal defense.

Two Different Games:

While discussing Trump's ongoing legal issues, Lieb stressed the distinction between state and federal charges, noting a presidential pardon wouldn't affect the New York case.

On Gag Orders:

Responding to inquiries about a potential gag order, Lieb said he doesn't believe one would be issued in either this case or the Manhattan one beyond the confidentiality order that already exists in NY. He did warn that Trump's tendency to speak openly might push the courts towards considering a gag order.

The Special Counsel's Options:

Lieb explained that Special Counsel Jack Smith could opt to write a report instead of indicting Trump. However, given the grand juries convening in both DC and FL, Lieb predicts an indictment is on the horizon.

Multiple Grand Juries:

When questioned about multiple grand juries, Lieb clarified it's due to alleged crimes occurring in different locations. This strategic approach would prevent the case from being relocated.

Effects on Other Political Figures:

Finally, Lieb lauded former Vice President Mike Pence's cooperation during his investigation, contrasting it with Trump's resistance. He noted Pence's respect and compliance could serve as a model for anyone facing similar situations.

Newsweek: Attorney Andrew Lieb Provides Insight on Potential Kidnapping Charges in the Feud between Ron DeSantis and Gavin Newsom

Attorney Andrew Lieb recently provided his expertise in a compelling interview with Newsweek, focusing on the intense feud between Governor Ron DeSantis of Florida and Governor Gavin Newsom of California. The discussion delved into the possibility of DeSantis facing kidnapping charges.

Lieb shed light on the protective nature of the Doctrine of Absolute Immunity, which safeguards governors from prosecution, even if their actions are perceived as malicious or in bad faith. Additionally, he emphasized the significance of the Doctrine of Comity, which mandates states to honor and respect the laws and judicial decisions of other states. These legal principles act as a safeguard, ensuring that DeSantis is shielded from charges, regardless of the circumstances.

Of particular interest, Lieb explored the potential implications if Governor Newsom were to disregard the Doctrine of Comity and pursue charges against DeSantis. He underscored the gravity of such a situation, cautioning against the consequences that could arise from one state openly defying the laws and legal decisions of another state. The nation could be at risk of teetering on the edge of a civil war, with severe repercussions and unprecedented chaos.

The full article from Newsweek can be found here:

Tuesday, June 06, 2023

FOX LiveNOW: Attorney Andrew Lieb Discusses Trump Lawyers Meeting with DOJ Officials

In a recent TV interview on Live NOW from FOX, legal analyst Attorney Andrew Lieb provided insightful analysis into the meeting between former President Donald Trump's legal team and Department of Justice (DOJ) officials. The conversation revolved around the potential charging decision that could significantly impact Trump's future and the unprecedented nature of this event in American history. 

Rumblings of Imminent Charging Decisions:

Lieb acknowledged the rumors surrounding imminent charging decisions in both Florida and Washington, D.C., with grand juries present in both locations. He stressed the seriousness of the crimes Trump could be charged with, such as the Espionage Act and Obstruction of Justice. This potential indictment against a former President marks a significant moment in American history, making it an exhausting and sombering experience for many.

Political Fireball vs. Substance:

When questioned about the significance of the meeting, Lieb highlighted the initial letter sent by Trump's legal team, which he described as a political fireball lacking substance. Despite the political nature of the letter, it is customary for defense counsel to meet with prosecutors to present their case. However, Lieb expressed doubts about the effectiveness of Trump's approach, as the political tone of the letter may have hindered a more factual and productive discussion.

Trump's Social Media Posts and Expectations:

Lieb addressed Trump's recent all-caps post on social media, indicating that Trump believes that he will be charged. While it would be unlikely for the DOJ officials to reveal such information during the meeting, Lieb advised Trump to exercise caution and to avoid inflaming the prosecutor. Restraint and silence, he emphasized, would be a more strategic approach when facing potential criminal problems.

Pence's Cooperation and Lessons Learned:

The interview shifted focus to former Vice President Mike Pence, who cooperated swiftly in the investigation, resulting in the DOJ's decision not to charge him. Lieb praised Pence's approach as a model for handling such situations, emphasizing the importance of cooperation and avoiding confrontation with the government.

The Leak and Future Developments:

Looking ahead, Lieb predicted that Trump's team would leak information about any charging decision, considering Trump's tendency to exploit such news for political and fundraising purposes. He anticipated that the announcement could come as early as the following week, revealing the charges Trump may face.

Uncharted Territory:

The interview concluded with an examination of the historical significance of potentially indicting a former President. Lieb emphasized that if Special Counsel Jack Smith were to indict Trump, it would mark the second pending indictment against a former president who currently leads the GOP nomination race—an unprecedented scenario in American politics. Lieb reminded the audience that the significance of both federal and state charges should not be underestimated, as state charges cannot be pardoned by the President alone.

Scripps News: Trump Reacts to Report over Tape. Legal Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb recently made an appearance in an in-depth interview with Scripps News to discuss the potential legal implications for former President Donald Trump over reported classified document discussions, on tape, at his NJ Golf Course. 

Discussing Trump's defense strategy, Lieb clarified that it's not a legal strategy yet a political strategy to run for office. The legal strategy should be to keep quiet and suppress evidence. 

Thursday, June 01, 2023

Join Lieb at Law, P.C. as a Fall 2023 Litigation Extern (Law Students Only Apply)

Lieb at Law, P.C. presents a remarkable opportunity for passionate law students to join our esteemed litigation boutique law firm as externs for the Fall 2023 term. As a 1L or 2L, this is your invitation to become part of a dynamic work environment in Smithtown, where a commitment to excellence permeates every aspect of our practice.

The firm is dedicated to making a real difference in the lives of individuals facing discrimination and retaliation in schools, workplaces, and housing. Our litigation practice serves as a powerful tool to stand up for those whose rights have been violated. By joining our team, you will immerse yourself in a purpose-driven environment where you can actively contribute to impacting positive change. Our unwavering dedication to fighting for justice has garnered national media attention, as we make a difference in the lives of individuals who have experienced discrimination and retaliation. By joining our team, you will become part of an environment that enables you to actively contribute to meaningful transformations.

In this fast-paced office, we seek lawyers and law clerks who fearlessly tackle challenges and manage a wide array of responsibilities while maintaining their composure. Drafting pleadings, handling discovery, and preparing motions are just some of the tasks that keep us busy before lunchtime.

Upon completing a semester externship with us, you will be considered for a highly sought-after law clerk position. This invaluable experience can be the stepping stone to an associate position with our firm upon graduating from law school. We value our team members and strive to foster long-term relationships that facilitate growth and professional development.

Desired qualifications:
  • Excellent critical thinking and writing skills
  • Proficiency in discovery
  • Experience in motion practice
  • Strong research abilities using platforms like Westlaw

About Lieb at Law, P.C.:

Lieb at Law, P.C. is a prestigious litigation boutique law firm specializing in discrimination claims in employment, school, and housing. Additionally, we handle commercial disputes, real estate brokerage commission and ethics matters, breach of contract cases, title claims, commercial landlord-tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment-related matters such as wage and hour claims and whistleblower actions.

Beyond our litigation practice, we offer valuable advice and counsel as outside general counsel to our corporate clients.

Our attorneys are licensed to practice law in New York, New Jersey, Connecticut, and Colorado, and we proudly represent clients in federal courts.

Our firm's culture is rooted in three pillars of success: self-confidence, grit, and skill.

To enhance our culture, we leverage technology extensively. Our staff has access to a cloud-based legal research platform, ensuring up-to-date case information is accessible anytime and anywhere. Our secure, cloud-based case management system meticulously records every detail, enabling easy access to case facts at the touch of a button. Additionally, we employ enterprise file sharing, storage, and collaboration software, facilitating efficient teamwork and innovative document preparation.

In addition to our client representation, our managing partner serves as a media legal analyst, frequently appearing on national TV and radio. This ethos of teaching the law rather than solely learning from others extends to our attorneys who actively participate in continuing education events and corporate trainings.

At Lieb at Law, P.C., we stand at the forefront of new statutes, regulations, and cases, giving us a strategic advantage in the courtroom and ensuring exemplary representation for our clients. Join us this fall and unlock your legal potential in an environment that embraces excellence, growth, and innovation.

To Apply: 
As an important part of our selection process, we would appreciate it if you could provide us with additional information regarding your interest in our externship. We are particularly interested in understanding:
  1. Why are you interested in an externship with Lieb at Law?
  2. How does this externship align with your career objectives?
  3. What are the specific areas of our work that you are most interested in and why?
  4. How do you believe your skills and experiences can add value to our firm?