Press Release

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, represented Law Enforcement Action Partnership (LEAP), a nonprofit organization composed of current and former police officers, prosecutors, judges, and other law enforcement officials, as an amicus curiae against New York City’s police and fire unions in their attempt to enjoin a newly signed law by Governor Andrew Cuomo that advances law enforcement transparency. The ruling represents an important win for LEAP and for communities and officers in New York. 

For decades, New York Civil Rights Law Section 50-a protected from public view the records of police misconduct claims. Over time, efforts to repeal it failed, including after the death of Eric Garner, often due in part to opposition from police unions. In the wake of the death of George Floyd and the protests that followed it, though, a bill repealing Section 50-a was finally passed and signed into law, marking an important step in increasing transparency and accountability of law enforcement.

In July of this year, New York City’s police and fire unions sued in federal court to block the release of some of these records, essentially trying to undo the repeal. A multi-office pro bono team from Akerman stepped up to represent LEAP as an amicus curiae.

The brief Akerman filed on behalf of LEAP helped educate the Court about the view, held by many law enforcement professionals, that trust between police officers and the communities they serve is critical to both officer safety and effective policing, and that transparency is the key to building that trust: “Where trust is absent, officers and departments are, not surprisingly, viewed categorically with suspicion and even seen as enemies. This creates more hazardous environments in which officers operate, and also reduces the level of cooperation between police and citizens that is often the key to effective policing.”

After receiving briefs from the parties and a host of different amici, the District Court held an injunction hearing on August 18, 2020. At the hearing, the judge singled out the Akerman brief, telling union counsel that “there’s the amicus brief from the LEAP organization that argues, I might say persuasively, you might say otherwise, that transparency furthers safety while lack of transparency is what’s going to cause the greater risk” to police officers. Ultimately the Court denied the unions’ injunction requests with only limited exceptions. The unions have appealed, and it is expected that Akerman will again support LEAP’s view in the Second Circuit. 

The Akerman team representing LEAP includes litigation partners Joel Bertocchi, Enjoliqué Aytch Lett, and Brian Fraser

About Akerman
Akerman LLP is a top 100 U.S. law firm recognized among the most forward thinking firms in the industry by Financial Times. Its more than 700 lawyers and business professionals collaborate with the world’s most successful enterprises and entrepreneurs to navigate change, seize opportunities, and help drive innovation and growth. Akerman is known for its results in middle market M&A and complex disputes, and for helping clients achieve their most important business objectives in the financial services, real estate and other dynamic sectors across the United States and Latin America.

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