The 92-year-old New York judge overseeing the Nicolás Maduro prosecution now has the weight of representing nonagenarians on him. His supposedly frail shoulders may yet hold up.
Judge Alvin Hellerstein “is sharper than many younger judges,” attorney Michael Hausfeld told me. Hausfeld appeared before Hellerstein on Wednesday, some 48 hours after the former Venezuelan president’s Jan. 5 court appearance.
Time was, age implied wisdom. But SDNY’s Hellerstein is presiding over the country’s most high-profile criminal case in the post-Biden era, when age is a political vulnerability and “OK, Boomer” is meant as an insult.
Opinion pages in The New York Times and National Review have said he should give it up because the Maduro case could take years. He allegedly dozed off at Charlie Javice’s trial, though whether that’s because white-collar cases can get boring (sorry) or because he’s old is a matter of speculation.
It’s the latest wave of tensions over the aging federal bench in the wake of the dust-up around Judge Pauline Newman. (The now-98-year-old Newman’s fellow Federal Circuit judges suspended her from new case assignments for refusing to cooperate with a probe into her fitness.)
There are at least 157 federal judges who are 85 or older—and at least 63 of them are 90 or older, according to updated data from the Federal Judicial Center analyzed by my colleague Andrew Wallender.
But lawyers say Hellerstein is capable, if occasionally cranky. Said criminal defense attorney Kenneth J. Montgomery: “He’s an older man who does things his way.” Read More
Docket Watch: OpenAI, Maurene Comey
Investors are fighting to revive claims stemming from Credit Suisse’s collapse, and other happenings in New York courts this week:
- The Second Circuit will hear arguments on Wednesday from Credit Suisse shareholders appealing the dismissal of suits seeking to recover billions that were lost when the bank collapsed. Credit Suisse insiders “plundered” the bank with help from its ex-auditor KPMG, the plaintiffs say. The lower court tossed the cases, saying the plaintiffs hadn’t shown evidence of their RICO claims. Docket
- Ex-Manhattan federal prosecutor Maurene Comey will fight to keep her suit against the Justice Department alive after the DOJ moved to dismiss it. Comey says she was unlawfully fired for her perceived politics or her last name (her dad is ex-FBI director James Comey); the DOJ says the case belongs in administrative proceedings, not federal court. Her response is due Thursday in SDNY. Docket
- The Second Circuit on Friday will consider reviving a case accusing Beech-Nut of failing to warn consumers that its baby food products contained toxic metals. Docket
- Also Friday, OpenAI is scheduled to argue its objections to a Manhattan federal judge’s order forcing it to turn over communications with its attorneys to authors and publishers suing it for copyright infringement. Docket
The Bazaar of Bankruptcy Sales
Bankruptcy trustees are increasingly resorting to the sale of unconventional and hard-to-value assets — from raw distillate to unused Starbucks gift cards — to satisfy creditors.
These unusual sales are popping up on court dockets and platforms like Inforuptcy, a kind of Craigslist for distressed assets, where everything from private jets to court judgments are listed. One standout case involved a Claude Monet “Water Lilies” painting from a hedge fund manager’s bankruptcy estate. Instead of going through a traditional auction house, it was sold under bankruptcy court supervision for $36.5 million.
Trustees also wrestle with valuing items like tax credits, intellectual property, royalties, and cryptocurrencies, all of which come with legal and logistical headaches. The bankruptcy marketplace reveals a hidden economy where almost anything — no matter how unusual — can be sold to repay creditors. Read More
Leading the News
Blue States Keep $10 Billion in US Child Care Aid for Now
New York, California, Minnesota and two other Democratic-led states won a court order temporarily blocking the US government from slashing $10 billion in aid for programs that serve vulnerable children and families.
Fed Served With DOJ Subpoenas; Powell Vows to Stand Firm
DOJ Allows Compass-Anywhere Deal After Overruling Staff
Paramount Defeats Writer’s ‘Top Gun: Maverick’ Copyright Lawsuit
Paramount Global fended off a lawsuit from writer Shaun Gray who alleged he contributed to the script of blockbuster film “Top Gun: Maverick” but failed to receive credit or payment.
New York Sues Trump Administration Over Empire Wind Pause
New York state sued the Trump administration Friday, alleging it violated federal law when it suspended work last month on
Mangione Could Face US Murder Trial This Year, Judge Says
A US judge said the federal murder trial of Luigi Mangione may begin later this year, but the date will depend on whether she allows prosecutors to pursue the death penalty against him for the killing of
Sirius XM, Former Employees Resolve Age Discrimination Suit
Sirius XM Radio LLC and three ex-employees ended a lawsuit alleging the company’s 2024 workforce reduction targeted older employees and that Sirius intended to bring in younger workers.
New York’s Child Welfare Agency Sued Over Solitary Confinement
The New York State Office of Children and Family Services allegedly subjects children in its custody to “near-total, around-the-clock isolation” for weeks or longer, depriving them of social interaction, education, and access to basic necessities.
Thousands of New York City Nurses Poised to Strike Over Contract
Nearly 16,000 nurses at three major hospitals in New York City are expected to strike amid a
Finance
Six Banks Seen Reaping $157 Billion on Trump’s Return
The six giants of US banking are expected to post their second-highest annual profit ever — a $157 billion haul — after riding out President
Prudential Beats Appeal Over Affiliated Funds in 401(k) Plan
In the Courts
Verizon Beats Would-be Class Suit Over Pension Risk Transfers
SEC, Rio Tinto Ex-CFO End Fraud Suit Over African Coal Mine
Rio Tinto Group’s former chief financial officer and the Securities and Exchange Commission agreed to close litigation alleging the executive used false financial records to overstate the value of coal assets in Mozambique.
Nano Nuclear Beats Investor Suit Over Microreactor Development
NANO Nuclear Energy Inc. defeated proposed class allegations the early-stage company misled investors over its progress on its microreactors and fuel fabrication facility.
Compass Group Unit, Female Manager to Square Off at Bias Trial
A trial is needed to determine whether CulinArt Group Inc. subjected a longtime district manager to discrimination because she’s a woman and retaliated against her for complaining, a New Jersey federal judge ruled.
Business & Practice
NYC Bar Nominates Ex-Fordham Dean Matthew Diller as Next Head
The New York City Bar Association has nominated former Fordham Law School dean Matthew Diller to be its next president.
Tom Goldstein’s Defense Hinges on Giving the Jury Good Guy Vibes
Tom Goldstein—the former US Supreme Court advocate and blogger with a years-long ultra high-stakes gambling habit—heads to trial Monday in a case that may turn on whether the jury thinks he’s “a good guy or a bad guy.”
Cravath Litigation Leader Buretta Leaves for Paul Hastings
One of Cravath’s top trial lawyers left to lead the litigation practice at Paul Hastings.
‘Trumpinator’ Sits Behind the Lawyer Suing Media for $35 Billion
Alejandro “Alex” Brito has filed a string of suits on President Donald Trump’s behalf against news outlets, including the New York Times, the Wall Street Journal, and the BBC, seeking a combined $35 billion for alleged defamation.
Jack Smith’s New Venture Shuns Label as Anti-Trump Attack Dog
A law firm that opens in Washington Monday, best known for a co-founder insulted by the president as “deranged Jack Smith,” aims to transcend its reputation and take on white collar litigation and investigations of any kind.
Commentary & Opinion
Maduro and Wife Face Uphill Battle in Challenging Unique Arrest
The DOJ’s past experience in rendition—the tool used to capture Nicolás Maduro and his wife—and established US legal precedent will leave little room for the couple to make successful arguments in US courts challenging their arrests.
New Small Business Stock Tax Rules to Reshape Corporate Mergers
Changes to qualified small business stock thresholds will redefine planning and corporate strategy in 2026, offering incentives and competitive advantages.
Antitrust Fights Loom as Companies Seek to Protect Platforms
Antitrust activity, which made headlines in 2025 with high profile cases, will continue in 2026 as new laws and leadership begin to take shape.
Editor’s Picks
The 20 Most Exciting Restaurant Openings Across the US in 2026
Get ready to step up to the counter for some of the year’s more anticipated cooking.
Everyone Wants a Bank Charter. The Alts Are on Speed Dial
Want to be a bank? Call the Alts.
Nominations for the 2026 Unrivaled award for top trial lawyers are now open! Read the FAQ page and apply here through March 24.
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