John J. Halloran, Jr., P.C.

John J. Halloran, Jr., an attorney admitted to the New York State and District of Columbia bars, will periodically identify cases of interest and legal developments, subject to the website's introductory disclaimer.

 

Legal Developments For 2019

Recent Appointments

Mr. Halloran is engaged in several public service initiatives. He was appointed by the Appellate Division, Second Judicial Department to serve as a Special Referee for the Grievance Committee for the Ninth Judicial District, and as a Special Master for the Appellate Division’s Mandatory Civil Appeals Mediation Program. On July 10, 2019, Henry M. Greenberg, President of the New York State Bar Association, appointed Mr. Halloran as a Member of the State Bar Association’s Committee on Professional Discipline. On November 21, 2019, Administrative Judge Kathie E. Davidson appointed Mr. Halloran to the Westchester Commercial Division Mediator Roster.

U.S. District Court Issues a Letter of Request to the Senior Master of the Queen’s Bench Division of the High Court of England and Wales – The Hague Evidence Convention and Comity in Practice

The United States is a signatory to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, Art. 1 et seq., 23 U.S.T. 2555, reprinted in 28 U.S.C. § 1781 (hereinafter, the “Hague Evidence Convention”). Article 1 of the Hague Evidence Convention provides: “In civil or commercial matters a judicial authority of a Contracting State may, in accordance with the provisions of the law of that State, request the competent authority of another Contracting State, by means of a Letter of Request, to obtain evidence, or to perform some other judicial act.” The Hague Evidence Convention is an important, nonexclusive mechanism for cross-border evidence-gathering assistance among signatories. Société Nationale Industrielle Aérospatiale v. United States District Court, 482 U.S. 522 (1987). On January 3, 2019, U.S. District Judge Valerie E. Caproni of the U.S. District Court for the Southern District of New York granted a motion in a pending breach of contract case for the issuance of a Letter of Request to the Senior Master of the Queen’s Bench Division of the High Court of England and Wales for its assistance in obtaining the sworn testimony of and certain documents in the possession, custody, or control of a company headquartered in the United Kingdom. (See »). Acting under the authority of Fed. R. Civ. P. 28(b) and the Hague Evidence Convention, the District Court issued its Letter of Request for international judicial assistance on January 3, 2019. (See »).

 

Legal Developments For 2018

Ratification of the Protocol to Eliminate Illicit Trade in Tobacco Products

On 27 June 2018, the United Kingdom of Great Britain and Northern Ireland ratified the Protocol to Eliminate Illicit Trade in Tobacco Products, the first protocol to the WHO Framework Convention on Tobacco Control (WHO FCTC) (see »). With this ratification, the Protocol will enter into force in 90 days. This is a historic, global achievement for public health that will save lives.

The objective of the Protocol is the elimination of all forms of illicit trade in tobacco products, in accordance with the terms of Article 15 of the WHO FCTC. To achieve this aim, the Protocol endeavors to secure the supply chain of tobacco products, including through the establishment of a global tracking and tracing regime. The Protocol also covers important matters concerning offences, with provisions on liability, prosecutions and sanctions, seizure payments and special investigative techniques, as well as the disposal and destruction of confiscated products. Another key group of substantive articles addresses the issue of international cooperation, such as measures on information sharing, technical and law enforcement cooperation, protection of sovereignty, jurisdiction, mutual legal and administrative assistance, and extradition. The WHO’s press release (see ») and the Protocol itself (see ») confirm that the UK’s ratification has been a catalyst for this true milestone in tobacco control and international cooperation. It is a landmark achievement for the WHO.

 

Legal Developments For 2017

World Leaders Mourn the Loss of Former German Chancellor Helmut Kohl

Helmut Kohl, Germany's ex-chancellor, died at age 87 on June 16, 2017. He was Germany's longest-serving Chancellor, first as Chancellor of West Germany from 1982-1990, and then of the united Germany from 1990-1998. He is credited as the architect of German reunification by bringing East and West Germany together after the fall of the Berlin Wall in 1989. He was an influential proponent of European unity, including through the Maastricht Treaty, 1992, which created the European Union. He was a driving force for the introduction of the Euro currency (see Photo of Chancellor Kohl at 2 May 1998 Euro Summit, Brussels, Belgium), together with his French ally President François Mitterrand (see Photo of Helmut Kohl and François Mitterand). There were worldwide tributes praising the rare and important legacy of Germany’s former chancellor. Read More »

 

New York City Bar Association Supports Statewide Constitutional Convention

On June 14, 2017, the New York City Bar Association — a voluntary association of more than 24,000 lawyers and law students — announced its support for convening a statewide constitutional convention. The City Bar approved the recommendation of its Task Force on the New York Constitutional Convention. John Halloran is a member of the Task Force. The Task Force concluded, and the City Bar’s President and the Executive Committee agreed, that a constitutional convention is necessary in order to enact important judiciary, voting, and ethics reforms in our State. Read Task Force Report »

 

60th Anniversary of the Treaties of Rome

On 25 March 2017, EU leaders met in Rome to celebrate the 60th anniversary of the Treaties of Rome, which were signed on that day in 1957. As observed by the European Commission: “The Treaties of Rome established a common market where people, goods, services and capital can move freely and created the conditions for prosperity and stability for European citizens. Based on this foundation and the common values of democracy, the rule of law and respect for human rights, the Union grew and reunited the continent after the fall of the Berlin Wall and ensured prosperity, social and economic well-being, and sustainability for 500 million citizens.” Read more »  In light of this anniversary, it is appropriate to recall with admiration the visionary leaders on both sides of the Atlantic who inspired and supported what is today the European Union, including Jean Monnet and President Eisenhower (June 3, 1953 White House Photo), and Dr. Walter Hallstein and President Kennedy (March 4, 1963 White House Photo). Under the Treaties of Rome, the European Commission was created, with its early headquarters located at Avenue de la Joyeuse Entrée in Brussels, next to the Parc du Cinquantenaire, and facing the elegant allegorical statue (“Le Printemps De Lente”) of noted Belgian sculptor Henri Puvrez.  See June 6, 1962 Photo.

 

Supreme Court of the United Kingdom Decides Landmark "Brexit" Case: Act of Parliament is Required to Authorise Ministers to Give Notice of the Decision of the UK to Withdraw from the European Union

On 24 January 2017, The Supreme Court of the United Kingdom by a majority of 8 to 3 dismissed the Secretary of State's appeal (Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption and Lord Hodge in the majority with Lord Reed, Lord Carnwath and Lord Hughes dissenting). R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant). (Read more »). The Supreme Court sustained the judgment of the Divisional Court of England and Wales, which ruled against the Secretary of State in a judgment given on 3 November 2016. R (Miller) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (Lord Thomas of Cwmgiedd LCJ, Sir Terence Etherton MR and Sales LJ).

The Supreme Court held that an Act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the European Union. Article 50 of the Treaty on the European Union (the "Lisbon Treaty") provides, in pertinent part, that, if a Member State decides to withdraw from the European Union "in accordance with its own constitutional requirements" (art. 50(1)), it should serve a notice of that intention, and that the treaties which govern the EU "shall cease to apply" to that Member State within two years thereafter (art. 50(3)). Following the 23 June 2016 referendum in the United Kingdom, the UK government proposed to use its prerogative powers to withdraw from the EU by serving a notice withdrawing the UK from the EU Treaties. The Supreme Court ruled that the proposed withdrawal from the EU makes a fundamental change to the UK’s constitutional arrangements, and the UK constitution requires such changes to be effected by Parliamentary legislation.

 

Legal Developments For 2016

Amsterdam District Court Rules on Conflicting Claims to Crimean Artifacts

On 14 December 2016, the Amsterdam District Court in the Netherlands directed that rare Crimean artifacts should be returned to Ukraine, for further proceedings to resolve conflicting claims to ownership.

From February to May 2014, the Allard Pierson Museum of the University of Amsterdam held an exhibition -- “The Crimea: Gold and Secrets of the Black Sea” -- which included spectacular archeological finds on loan from five museums (four museums in Crimea and one museum in Kiev). (Read more »). In March 2014, while the exhibition was still running, Russia annexed Crimea. This development led to claims by four museums in the Crimea that the loaned objects should be returned to them. The sovereign state of Ukraine took a different view and maintained that the objects are state property and should be returned to Kiev. The Allard Pierson Museum, faced with these conflicting claims, took no action, safely stored the objects, and invited a ruling by a qualified judge or arbitrator, or an agreement among the parties. (Read more »). In the autumn of 2014, the four Crimean museums initiated legal proceedings against the Allard Pierson Museum to recover the objects; Ukraine subsequently became a party to the proceedings. (Read more »). According to an unofficial transcript of the court proceedings on 14 December 2016, the Amsterdam District Court, in a judgment read from the bench by Presiding Judge Mieke Dudok van Heel, ruled that the “claims of the Ukrainian museums are rejected and that the Allard Pierson Museum is ordered to give back the Crimean treasures to the State of Ukraine. The Allard Pierson Museum must transport the Crimean treasures to the state of Ukraine, designated permanent custodian of the Crimean treasures, and to the National Historical Museum of Ukraine in Kiev.” The District Court did not “deliver a judgment on who is the rightful owner of the artifacts” -- an issue that is to be decided by a Ukrainian court. Allard Pierson Museum issued a statement concerning the District Court’s judgment. (Read more »). The Crimean museums may appeal the judgment.

 

Brexit Litigation in the United Kingdom

On 3 November 2016, the UK’s High Court of Justice, Queen’s Bench Division, Divisional Court ruled that Parliament must be afforded a vote on Brexit. R (Miller) v Secretary of State for Exiting the European Union, [2016] EWHC 2768 (Admin) (High Court of Justice, Queen’s Bench Division, Divisional Court) (Lord Thomas of Cwmgiedd CJ, Sir Terrance Etherton MR and Sales LJ). An appeal is expected.

On 1 January 1973, the United Kingdom joined what were then the European Communities, including the European Economic Community (today, the European Union). On 23 June 2016, a referendum was held on the question whether the United Kingdom should leave or remain in the European Union. The answer was given that the United Kingdom should leave. This answer, familiarly referred to as “Brexit,” has been the subject of litigation in the United Kingdom.

In its judgment of 3 November 2016, the Divisional Court addressed the issue of whether, as a matter of UK constitutional law, the UK government is entitled to give notice of a decision to leave the European Union under Article 50 of the Treaty of the European Union (TEU) without reference to Parliament. The Divisional Court ruled that, consistent with “the basic constitutional principles of parliamentary sovereignty and representative parliamentary democracy” ([2016] EWHC 2768 ¶ 106), the public referendum was intended to “have advisory effect only” ([2016] EWHC 2768 ¶ 107) and the “Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.” [2016] EWHC 2768 ¶ 111. Read more »

 

Legal Developments in the Area of Tobacco Control

Over the past year, courts and a tribunal across the globe have addressed and upheld governmental tobacco control initiatives.

In Washington, D.C., on July 8, 2016, the International Centre for Settlement of Investment Disputes ("ICSID") addressed a dispute submitted to the ICSID on the basis of Article 10 of the Agreement between the Swiss Confederation and the Oriental Republic of Uruguay on the Reciprocal Promotion and Protection of Investments (including Ad Article 10 of the Protocol thereto) dated 7 October 1988 (the "Switzerland-Uruguay BIT"), and Article 36 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, dated 18 March 1965. At its core, the dispute concerned claimants' allegations that, through several tobacco-control measures regulating the tobacco industry, Uruguay violated the Switzerland-Uruguay BIT in its treatment of the trademarks associated with cigarettes brands in which the claimants had invested. On July 8, 2016, the ICSID dismissed the claims. See ICSID Case No. ARB/10/7. Read more »

In the United Kingdom, on 19 May 2016, the High Court of Justice (Queen’s Bench Division), in a landmark judgment, sustained the legality of The Standardised Packaging of Tobacco Products Regulations 2015 (as adopted by Parliament), which restrict the ability of tobacco companies to advertise their brands on tobacco packaging or upon tobacco products themselves. Notably, Mr Justice Green stated that "it is wrong to view this issue purely in monetised terms alone; there is a significant moral angle which is embedded in the Regulations which is about saving children from a lifetime of addiction, and children and adults from premature death and related suffering and disease." See [2016] EWHC 1169 at ¶ 36 (Admin). Read more »

In Luxembourg, on 4 May 2016, the Court of Justice of the European Union ruled, in several related cases, that the new EU directive on tobacco products is valid. That directive provides in particular for the prohibition from 20 May 2020 of the placing on the market of tobacco products with a characterising flavour and for the standardisation of the labelling and packaging of tobacco products. In addition, it introduces special rules for electronic cigarettes. See Judgments in Cases C-358/14, C-477/14, C-547/14. Read more »

 

Legal Developments For 2015

Historical Society Commemorates Centennial of the Birth of Judge Matthew J. Jasen

The Historical Society of the New York Courts has commemorated the 100th anniversary of the birth of Judge Matthew J. Jasen, who was born in Buffalo, NY on December 13, 1915, and served as an Associate Judge of the New York Court of Appeals from 1968 to 1985. Read more »

 

New York City Bar Association Convenes Task Force on New York State Constitutional Convention

New York City Bar Association President Debra L. Raskin has convened a Task Force on the New York State Constitutional Convention and has asked its members to undertake an analysis similar to the one done by the City Bar 20 years ago. In November 2017, when New Yorkers head to the polls, they will see this question on the ballot: “Shall there be a convention to revise the constitution and amend the same?” John Halloran has been named to the Task Force. Read more »

 

SDNY Grants Discovery to the Republic of Kazakhstan under 28 U.S.C. 1782

Congress has established a discretionary procedure to allow the United States District Courts to provide discovery assistance to foreign and international tribunals and to litigants before such tribunals. 28 U.S.C. 1782(a) provides, in pertinent part, that: "[t]he district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal . . . pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person . . ." The Republic of Kazakhstan successfully invoked 28 U.S.C. 1782 in recent proceedings before Judge Kimba M. Wood and Judge Sidney H. Stein of the U.S. District Court for the Southern District of New York. Read more »

 

Professor David D. Siegel: Amicus Curiae

As a scholar, author and teacher, Professor David D. Siegel dominated the sphere of New York civil practice for decades. Since his passing in October 2014, the New York legal community has recalled and celebrated his vast contributions to the law, civil procedure, and public policy. At the invitation of Albany Law School, John Halloran prepared a personal tribute to Professor Siegel, which will be published in 2015. Read more »

 

John Halloran Elected as a Trustee of the Historical Society of the New York Courts

On January 29, 2015, John Halloran was nominated and elected to serve another three-year term as Trustee of the Historical Society of the New York Courts. The Historical Society was founded in 2002 by then New York State Chief Judge Judith S. Kaye. Its mission is to preserve, protect and promote the legal history of New York, including the proud heritage of its courts and the development of the Rule of Law. The Society promotes its mission through educational outreach to New York State students, and public programs and publications on these themes which inform our knowledge and role as citizens today.

 

Republic of Lithuania Joins the Euro Area

The euro entered circulation in Lithuania on 1 January 2015, bringing the number of European Union (EU) Member States using the single European currency to 19, the European Central Bank (ECB) announced. The euro was launched on 1 January 1999, when it became the currency of more than 300 million people in Europe. Euro cash was not introduced until 1 January 2002, when it replaced, at fixed conversion rates, the banknotes and coins of the national currencies such as the Belgian franc and the Deutsche Mark. Today, with the accession of Lithuania, euro banknotes and coins are legal tender in 19 of the 28 Member States of the European Union, including the overseas departments, territories and islands which are either part of, or associated with, euro area countries. These countries form the euro area. On 14 January 2015, an official euro introduction event was convened in Vilnius, Lithuania. Read more »

 

Legal Developments For 2014

Arbitral Tribunals in The Hague Render Final Awards in Important Cases Involving the Russian Federation

On 18 July 2014, arbitral tribunals convened under the auspices of the Permanent Court of Arbitration in The Hague rendered their final awards in three cases involving former shareholders of OAO Yukos Oil Company (“Yukos”) and the Russian Federation. Read more »

 

The European Union Signs Historic Accords with Georgia, the Republic of Moldova and Ukraine

On 27 June 2014, the European Union signed historic Association Agreements with Georgia and the Republic of Moldova and completed the signature process with Ukraine, each providing for a Deep and Comprehensive Free Trade Area. The Association Agreements aim to deepen political and economic relations between the EU and the other signatories and to gradually integrate these countries in the EU’s Internal Market, the largest single market in the world. This entails creating a Deep and Comprehensive Free Trade Area (DCFTA) between the EU and each of these countries. Read more »

 

John Halloran Appointed as a Life Fellow of the American Bar Foundation

On June 13, 2014, John Halloran was appointed as a Life Fellow of the American Bar Foundation. The American Bar Foundation was founded in 1952 by the American Bar Association. The Fellows of the American Bar Foundation is an honorary organization of lawyers, judges and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and the highest principles of the legal profession. Read PDF »

 

EU-US Summit (Brussels, March 26, 2014)

Meeting on the occasion of the EU-US Summit in Brussels, Belgium, President Barack Obama, José Manuel Barroso (President of the European Commission), and Herman Van Rompuy (President of the European Council) discussed the strong EU-US partnership and key global challenges. Read more »

 

The Historical Society of the New York Courts Commends John Halloran for Service as Treasurer

At its annual meeting on January 30, 2014 at the New York Hilton, the Historical Society of the New York Courts commended John Halloran for service as its Treasurer (2010-2013). Read PDF » The Historical Society of the New York Courts was founded in 2002 by then New York State Chief Judge Judith S. Kaye. Its mission is to preserve, protect and promote the legal history of New York, including the proud heritage of its courts and the development of the Rule of Law. Mr. Halloran continues to serve as a member of the Society’s Board of Trustees.

 

Inter-Jurisdictional Certification of Questions of Law in New York

The New York Court of Appeals and the United States Court of Appeals for the Second Circuit continue to work together to address cases involving unsettled or novel questions of New York law by means of a constitutionally-rooted bridge between the federal and state judiciaries: inter-jurisdictional certification of questions of law. Legal developments in January 2014 confirm the continuing utility of the inter-jurisdictional certification mechanism in New York. Read more »

 

January 1, 2014
Developments in Latvia, Greece, Lithuania, Bulgaria, Romania and Brussels

The new year has ushered in several European legal developments that warrant special note. On January 1, 2014:

  • Latvia adopted the euro as its official currency and became the 18th member state of the eurozone.
  • Greece assumed the Presidency of the Council of the European Union, which position was held by Lithuania through December 31, 2013.
  • Employment barriers within the EU were lifted for citizens of Romania and Bulgaria, who are now able to fully exercise their right to work in all EU countries without a work permit.

Read more »

 

Legal Developments For 2013

Wilfried Martens

Wilfried Martens: "A Great Belgian and European Statesman" (1936-2013)

Wilfried Martens, who served nine times as Prime Minister of Belgium, died on 9 October 2013 in Lokeren, in East Flanders. Mr. Martens was, in the words of European Council President Herman Van Rompuy, "a great Belgian and European Statesman." Read more »


 

John Halloran Delivers Lecture in Paris Addressing Challenges for Lawyers in a Changing Economic Universe

On June 24, 2013, John Halloran delivered a lecture at the law school of the Université Paris Ouest addressing the topic of "Challenges for Lawyers in a Changing Economic Universe." Mr. Halloran addressed changes in our legal environment in terms of substantive law and the overall marketplace. Read more »

 

EU Council of Ministers approves historic mandate authorizing the European Commission to negotiate a comprehensive trade and investment agreement with the United States.

On 14 June 2013, the Council of the European Union (also known as the Council of Ministers), convened its Foreign Affairs Council (Trade) and adopted a mandate authorizing the European Commission to negotiate a comprehensive trade and investment agreement with the United States ("TTIP"). Read more »  

 

U.S. District Court Orders Payment of $22.5 million in Restitution to the Republic of South Africa in landmark Lacey Act case

On June 14, 2013, the U.S. District Court for the Southern District of New York decided that defendants — subsequent to convictions for conspiracy to harvest rock lobsters and smuggle them into the United States in violation of the Lacey Act — must pay approximately $22.5 million to the Republic of South Africa. Read more »  

 

New York Commission on Judicial Nomination Commends John Halloran for Exemplary Service

On June 12, 2013, Judge Judith S. Kaye, the Chair of the New York State Commission on Judicial Nomination, expressed the Commission's gratitude to John Halloran for "exemplary" service as Deputy Counsel to the Commission. Mr. Halloran served as Deputy Counsel in a pro bono capacity from May 2008 through June 2013. Read more »

 

U.S. Securities and Exchange Commission Obtains Asset Freeze in Smithfield Foods Inquiry

On June 5, 2013, the Securities and Exchange Commission obtained an emergency court order to freeze the assets of a trader in Bangkok, Thailand who, according to allegations in the SEC's civil complaint, allegedly made more than $3 million in profits by trading in advance of the announcement that Virginia-based Smithfield Foods, Inc. agreed to a multi-billion dollar acquisition by China-based Shuanghui International Holdings Limited. Read more »

 

John Halloran Moves the Admission of Twenty-Four Attorneys in the U.S. Supreme Court

On April 29, 2013, John Halloran appeared before the U.S. Supreme Court in Washington, D.C. to move, on oral motion, the admission of twenty-four alumni from Albany Law School of Union University. Read more »

 

Statement from United States President Barack Obama, European Council President Herman Van Rompuy and European Commission President José Manuel Barroso, Brussels/Washington, 13 February 2013

On February 13, 2013, it was announced that the United States and the European Union will each initiate the internal procedures necessary to launch negotiations on a Transatlantic Trade and Investment Partnership (TTIP). Read more »

 

U.S. Securities and Exchange Commission Obtains Court Order Freezing Assets in Zurich-Based Trading Account. Securities and Exchange Commission v. Certain Unknown Traders in the Securities of H.J. Heinz Co., U.S. District Court, Southern District of New York, 13 Civ. 1080 (JSR).

On February 15, 2013, the United States Securities and Exchange Commission obtained an emergency court order to freeze assets in a Zurich, Switzerland-based trading account that was allegedly used to reap more than $1.7 million from trading in advance of the public announcement about the acquisition of H.J. Heinz Company. Read more »

 

Dutch Court Rules on Tort Liability of Shell Nigeria for Oil Spills in Nigeria. Read more »

 

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