Gabriella Olivieri Publications Portfolio Annual Report - 2009 | Page 10

KEY OFFICEWIDE INITIATIVES Appeals Legislature Passes Collateral-Source Bill Backed by Municipalities - New York Law Journal, 11/12/09 Oversaw the multi-year effort and built a statewide coalition of over 1,400 municipalities and other public entities to lobby the State Af?rmative Litigation Federal Judge will Decide who Owns Tavern’s Name - New York Times, 12/1/09 Legal Counsel Putting an End to Double Dipping Provided counsel and expertise in drafting legislation Tort Supported legislative efforts with research and case studies As part of the Governor’s Mandate Relief Package, the Law Department corrected a loophole in state law which allowed government workers who are injured to double-dip by collecting payouts twice for the same injury. Unlike their private sector counterparts, government employees were able to simultaneously collect disability pension and payouts from lawsuits without any off-set. New York City alone is expected to save $14.5 million annually in future lawsuits as a result of the new law. NY Judge Tosses Out Term Limits Challenge - Associated Press, 1/13/09 General Litigation Spearheading Tavern on the Green Litigation Attorneys secured approval from the U.S. Department of Justice for a local law that extends term limits from two terms to three terms for City elected of?cials, and successfully sought the dismissal of a lawsuit challenging the law. Provided counsel on trademark law and assisted in the trademark litigation Tax & Bankruptcy Defended the City’s interests in Bankruptcy Court Tort Congress is Again Weighing Aid for Ground Zero Rescuers - New York Times, 4/1/09 Oversees the City’s defense, with outside counsel, from lawsuits Tort Prepared the congressional testimony Legal Counsel Extending Term Limits Oversaw the City’s efforts and provided counsel on contract matters The Law Department defended the City’s interests in the bankruptcy ?ling of the LeRoy family – the most recent concessionaires of the famed Tavern on the Green restaurant in Central Park. City attorneys prevented City property from being auctioned off – the most valuable item being the trademark name itself. The City and the LeRoy family both claimed exclusive ownership of the trademark, and City attorneys ensured that the trademark would not be auctioned without its claim to ownership being heard. Although the District Court rarely exercises its power to hear pending bankruptcy matters, City attorneys successfully petitioned to have the trademark dispute removed to the Southern District from the bankruptcy court. The City – as the long-time property owner – has operated the restaurant with a series of different concessionaires under the “Tavern” name since 1934. Argued the case before the Eastern District Assisted in preparing the litigation papers, and secured pre-clearance from the U.S. Department of Justice which af?rmed that the law would not diminish minority voting rights Contracts & Real Estate Legal Counsel Appeals Argued the appeal before the 2nd Circuit Led the trademark litigation Supporting the 9/11 Victim’s Compensation Fund & Protecting the City’s Interests Executive Counsel Met with legislators and testi?ed before Congress Corporation Counsel Michael A. Cardozo testi?ed before Congress in support of the James Zadroga 9/11 Health and Compensation Act of 2009. The bill would reopen the World Trade Center Victim’s Compensation Fund to compensate those who were injured while responding to the attacks; limit unnecessary litigation; and provide stable funding for long-term health-care programs for those affected by the attacks.