In their Corporate and Securities Litigation column, Margaret A. Dale and Mark D. Harris discuss the circuit split over whether a company may be sued for securities fraud for omitting from its public filings information required to be disclosed by an SEC regulation
SCOTUS to Address Circuit Split Regarding Securities Fraud and Duty to Disclose
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'Millennium Lab': the Death Knell for Non-Consensual, Third-Party Releases?
Shmuel Vasser and Andrew C. Harmeyer write that the D.C. District Court potentially has upended an assumption in bankruptcy courts, suggesting that in many cases, they lack that authority under Article III of the U.S. Constitution to enter a final order granting non-debtor, third-party releases, at least without the affected party's consent.
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Personal Jurisdiction Based on Digital Presence
In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: Reacting to the rapid expansion of digital transactions, the Commercial Division has creatively interpreted New York's long-arm statute when considering a party's digital presence in New York. While a defendant's digital communications may now be a plaintiff's ticket to access New York courts, the Commercial Division may not permit a plaintiff to take advantage of this interpretation as a means to manufacture jurisdiction.
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From Procedural to Property Issues, It's Full Steam Ahead for Four Departments
In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith report on cases involving a condominium owner's eviction, a criminal witness who suddenly developed amnesia while on the stand, whether a guilty plea bars an "actual innocence" claim, whether a citizen review board had standing to sue the police department it was charged with reviewing, and more.
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Judicial Ethics Opinion 16-161
A full-time judge may serve on the admissions committee of a country club, assuming the club is non-profit, does not regularly engage in litigation, and does not invidiously discriminate, and provided that the judge's service on the committee will not involve her/him in fund-raising, providing legal advice, or making decisions likely to lead to litigation.
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How Matrimonial Courts Can Better Handle Litigants' Fraud
Yonatan Levoritz writes that client tax fraud is a problem, and one more common than many attorneys realize. In 'A.S. v. K.S.', a matrimonial case where counsel had reported to the court that both parties had committed tax fraud, Justice Jeffrey Sunshine took the admirable step of addressing the issue of "clean hands," but arguably applied the wrong approach to resolve the issue of the economically dependent spouse's entitlement to an award of pendente lite maintenance.
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The Evolution of Fake News, and How It Affects Lawyers
Law Firm Management columnists Steven Andersen and Andrew Longstreth write that real identities, including those of lawyers or firms, lend credence to spurious sites and help trick search engines, social media users and media monitoring services into driving traffic. Fortunately, most fake news sites that affect lawyers receive minimal views—but you should still stay on your toes.
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Charitable Vehicle Donations: Basic Information to Assure Tax Benefits
Estate Planning and Philanthropy columnist Conrad Teitell reviews the basics of donating a car or other vehicle to charity—an area where, after years of inflated claimed deductions, Congress and the IRS have tightened the rules.
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Collaboration as Superpower: Optimizing Value to Lead in the Future
Henry N. Nassau of Dechert writes: The business of law is changing swiftly, reflecting our world at large. Global markets are in flux, regulatory winds are ever-shifting, and the fundamental calculus of risk and reward gains new variables every day. As companies evolve to keep pace, their general counsel are rightly demanding more and different services from their outside law firms.
For these law firms, developing the superpower of collaboration demands a significant shift from a traditional partner-dominated firm culture.
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Incorporate Business Principles Into Law Firm Management
Barry Wolf of Weil, Gotshal & Manges writes: The financial crisis of 2008 brought about seismic changes in the legal landscape, resulting in a premier legal services market that is smaller and more competitive than ever. As the years have passed, the pressures have only continued to intensify. How can firms respond to this? One answer is to introduce business principles to law firm management.
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Cultivating 'Must Have' Innovation
Ed Estrada and Cindy Schmitt Minniti of Reed Smith shares insights and tips for creating a law firm environment that fosters innovation and bringing that innovation into your client relationships.
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Partner Promotions Dip at New York's Largest Firms
Many law firms eased back on partner promotions last year, but the slowdown was less pronounced in New York—especially in corporate practices.
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Law Firm Succession Planning
Marc A. Landis and Mark M. Elliott of Phillips Nizer write: Law firm succession planning is neither a comfortable nor an enjoyable topic?but it has never been more necessary. With the continuing retirement of the baby boomers, our profession is undergoing an unprecedented generational transition. Law firms that wish to continue to succeed cannot afford to avoid the topic.
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The Spoliation Cause of Action: A Vampire in the Court System
Joseph S. Bavaro and Daniel Justus Solinsky write that despite the Court of Appeals seemingly driving a stake through the heart of the spoliation cause of action in 'Ortega v. City of New York,' like any good movie monster, somehow it appears to have mutated and survived, as a common law claim of tortious interference by an employer with an employee's cause of action against a third party.
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Hotel Law: Cybersecurity and Resort Fees
Thomas A. Dickerson reviews recent data breaches, and resulting lawsuits, where hotel guests' personal information was stolen, as well as an FTC report on undisclosed resort fees.
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Notice of Surveillance to Non-Target, Non-Defendant Interceptees
In his Cyber Crime column, Peter A. Crusco addresses an interesting yet rarely litigated legal issue: whether individuals whose communications are intercepted, but are non-targets and never prosecuted, are entitled to notification and copies of the documents upon which the order for electronic surveillance was based.
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Partial Takings and the Permanent Easement: Underline the Word 'Permanent'
Condemnation and Tax Certiorari columnist Michael Rikon writes that a partial taking is a frequent occurrence in street widenings or takings for sewer, electrical or gas lines. Partial takings are more complicated than full takings—not only are we concerned with the value of the part taken, we must also look into whether or not the part not taken has had its value affected negatively.
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Parallel Bundling in Surgical Products
Elai Katz, in his Antitrust column, reviews a Tenth Circuit decision affirmed the dismissal of claims that leading medical-surgical product distributors violated antitrust laws by offering bundled package deals. While typical bundling and tying cases examine conduct by a single dominant firm, this decision tackles parallel tying and bundling by two competitors. The opinion also sets forth an analytic framework to evaluate tying claims under the rule of reason rather than the more commonly applied per se tying rule.
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Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law reviews 'Horrigan Development v. Drozd', 'Jit v. Johnson' and '21-25 Convent Avenue Realty v. Semper'.
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A.5918: Unconstitutional, Unwise and Futile Effort to Expand N.Y. Courts' Jurisdiction
Marc J. Gottridge and Lisa J. Fried argue: Assembly bill A.5918 would codify the hoary fiction that applying for registration to do business in New York "constitutes consent to the jurisdiction of the courts of this state for all actions against such corporation." This proposal is a legal fool's errand, almost certain to be held unconstitutional, that undermines Albany's boast that the "climate for doing business in New York has never been better."
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