International Court of Justice Decides that Kosovo's Declaration of Independence Does Not Violate International Law

On July 22, 2010, the International Court of Justice (the ICJ) decided by ten votes to four that Kosovo's Declaration of Independence does not violate international law. Tai-Heng Cheng of our firm has twice consulted with the Republic of Kosovo on questions of international law, including the ICJ case.

Following the dissolution of Yugoslavia, Serbia committed rampant acts of violence against Muslim Albanians in Kosovo. The UN Security Council intervened to restore peace and security, but no solution was reached as whether Kosovo should achieve independence, remain part of Serbia, or adopt some other political solution. Finally, Kosovo declared independence in 2008 with the support of the United States and United Kingdom, but with Serbia, Russia and China opposing its secession. Serbia sponsored a resolution that the UN General Assembly adopted on October 8, 2008, requesting an advisory opinion from the ICJ on whether Kosovo's declaration violated international law.

That week, at the invitation of the International Civilian Office in Kosovo, Professor Cheng travelled to Pristina, Kosovo, to consult with Kosovo and ICO. At meetings with the Ministry of Foreign Affairs and the Office of the President, the ICJ case was discussed. In June 2010, at the request of the Kosovo Ministry of Foreign Affairs, Professor Cheng travelled again to Pristina, Kosovo, to discuss international law issues with permanent secretaries, political advisors, and legal officers of various Kosovo Ministries. Among the issues discussed were potential outcomes of the ICJ case and their implications.

A majority of the judges of the ICJ concluded that Kosovo's declaration of independence did not violate customary international law. The Court also decided that because UN Security Council Resolution 1244 provided only for an interim regime in Kosovo and not a long term solution to the final status of Kosovo, the declaration took place outside of the provisional institutions of government established by Resolution 1244 and did not violate it.

Newman A Visiting Professor On Arbitration

Fred Newman gave a series of lectures on International Arbitration at the law faculty of Rezeknes Augstskola, Latvia, during March, 2009. He presented the fundamentals of arbitration policy, practice and procedures to fourth year students. The lectures were in English. Newman's lectures were arranged by the Center for International Legal Studies, Salzburg, Austria, a non-profit organization that places experienced Common Law practitioners at law faculties in Eastern Europe and the former republics of the Soviet Union. Newman's Powerpoint presentation is available here.

Randi May quoted in Employment Law 360

HNRK Partner Randi May was quoted in Employment Law 360 's "Lawyer to Execs: Beware Your BlackBerry" on Friday, January 9. This article featured the views of employment lawyers on the perils of executives' use of BlackBerries, an issue brought to forefront by President-elect Barack Obama's struggle to keep his BlackBerry over his lawyers' vehement objections. With routine electronic discovery, Randi told Employment Law 360 that executives need to exercise greater caution when sending hasty BlackBerry emails.

JOHN J. KENNEY JOINS HOGUET NEWMAN & REGAL, LLP
-- Firm Renamed Hoguet Newman Regal & Kenney, LLP --

New York, New York, March 1, 2007-- Hoguet Newman & Regal, LLP announced today that John J. Kenney has joined the firm as a name partner, effective immediately. The firm will be called Hoguet Newman Regal & Kenney, LLP.

Mr. Kenney is a well known trial lawyer and "white collar" criminal defense counsel. From 1981 until 2005, Mr. Kenney was a partner of Simpson Thacher & Bartlett, specializing in complex civil and criminal litigation. Laura B. Hoguet said "John is a fabulous lawyer and he will add both depth and a new dimension to our firm."

Mr. Kenney served as an Assistant U.S. Attorney in the Southern District of New York from 1971 to 1980 and as the Executive Assistant U.S. Attorney from 1977 to 1980. Mr. Kenney is a fellow in the American College of Trial Lawyers. He is the former President of the New York County Lawyers’ Association and of the Federal Bar Council and has served as the Chair of the Criminal Law Committee of the Association of the Bar of the City of New York. He is listed in The Best Lawyers in America and serves as a Director of both the Citizens Crime Commission of the City of New York and of the American Association for the International Commission of Jurists, Inc. Mr. Kenney received his B.A. from St. Michael’s College and his J.D. from Fordham University.

The firm also announced that Tai-Heng Cheng has joined it as Of Counsel. Mr. Cheng is an Associate Professor of Law and Assistant Director of the International Law Center at New York Law School.

About Hoguet Newman Regal & Kenney LLP

Hoguet Newman Regal & Kenney, LLP is a New York litigation boutique of senior experienced lawyers with decades of front-line litigation experience in federal and state courts, administrative agencies and arbitration tribunals. With the addition of Mr. Kenney and Mr. Cheng, the firm now consists of fifteen attorneys. The Firm’s lawyers are recognized internationally for their expertise in commercial litigation, employment law, partnership disputes, securities litigation, and banking and letter of credit law. The firm also has a proven track record in litigation involving insurance coverage, financial institutions, real estate, publishing and entertainment, intellectual property, internet and computer law, environmental, products liability, and contested trusts and estates matters. A significant part of the firm’s practice is negotiating and drafting executive employment agreements and severance arrangements, partnership documents, shareholder agreements and other basic business arrangements. Last year, the firm represented Market Data Corporation in securing a $115 million settlement of its contract claim against Dow Jones & Company.

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DORA IRIZARRY - CONFIRMED AS U.S. DISTRICT JUDGE!

We are delighted that our colleague, Dora Irizarry, was confirmed by the U.S. Senate on June 24th to become a U.S. District Judge for the Eastern District of New York. We will miss her wisdom and counsel but we are a better firm because of her stay here.

It is great for New York and for the country. As Governor Pataki observed about this historic appointment:

"Dora Irizarry is a true American success story who has overcome obstacles and made history her entire life as a prosecutor and judge. She will now become the first Hispanic American ever to serve as a federal judge in the Eastern District of New York."