Unintended Consequences of Medical Indemnity Fund
Rosary A. Morelli, a partner at Morelli, Gerrard & Lassalle, and Matthew E. Kelly, an associate in the firm, write: Although the Medical Indemnity Fund has had the intended effect of reducing the...
View ArticleAge Discrimination Claim Dismissed; Section 1983 Action Moves Forward
In their Eastern District Roundup column, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, report on significant decisions handed down recently in the Eastern District...
View ArticleEquitable Distribution and License Acquired During Marriage
Albert J. Emanuelli, a retired Supreme Court justice, writes on whether New York's Domestic Relations Law should continue to provide to the non-licensed spouse a share in the value of a license...
View ArticlePredicate Perplexity: The Case of 'Floyd Y.'
In his Matrimonial Practice column, Timothy M. Tippins, adjunct professor at Albany Law School, discusses the "professional hearsay" predicate in the context of 'State v. Floyd Y.' The article examines...
View ArticleAdvice for the Lawlorn: Can You Be Too Loyal?
I have worked the same large law firm since law school and don't want anyone there to know I'm interviewing. How do I respond to a prospective employer who wants references from people I've reported...
View ArticleLegislature Expands Standing to Seek Protective Orders
Matthew F. Didora, a partner at Ruskin Moscou Faltischek, writes: In the context of criminal and grand jury subpoenas, the overwhelming weight of judicial authority held that the bank customer did not...
View ArticleYou've Been Warned: Pleading and Proving Failure to Warn Claims
Steven F. Napolitano, Adam C. Tubbs and Christopher J. Santoli of Skadden, Arps, Slate, Meagher & Flom, write: While failure to warn claims are common in a variety of contexts, there are pitfalls...
View ArticleMedical Monitoring Cause of Action Rejected
In his Complex Litigation column, Herzfeld & Rubin member Michael Hoenig discusses the Court of Appeals' rejection of an independent equitable cause of action for medical monitoring, in this case...
View ArticleAssessing the Post-'Myriad' and 'Mayo' Landscape
Lisa Ferri and Emily Nash of Mayer Brown write: Recent years have seen tremendous advances in the field of biotechnology that have revolutionized the pharmaceutical industry and led to the explosive...
View ArticleFiduciary Duty Claims Against Construction and Design Professionals
Brent Gurney, Doug Curtis and Rachel Murphy of Wilmer Cutler Pickering Hale and Dorr write: A complaint arrives on your desk in which a client has accused your design company of myriad failures. You...
View ArticleNo-Fault Miscellany
In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Sauer & Dachs, call for remedial legislation to avoid fraudulent practices and/or the appearance of...
View ArticleCommunication With Non-Clients
Devika Kewalramani, a partner at Moses & Singer, and Christina M. Gaudio, an associate at the firm, write: While most attorneys know the basic premise of Rules 4.2 and 4.3 regarding communications...
View ArticleAttorney Advertising in the Digital Age
In their Technology Law column, Richard Raysman, a partner at Holland & Knight, and Peter Brown, the principal at Peter Brown & Associates, discuss several pressing issues that exemplify the...
View ArticleThe Undoing of Speedy Trial in New York: the 'Ready Rule'
Thomas M. O'Brien, an attorney with the criminal defense practice of The Legal Aid Society, writes: Over the past 40 years, the promise and the purpose of CPL §30.30 have been thwarted. Even the...
View ArticleLitigating for Leverage? Merger Enforcement in 2013
In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte, partners at Skadden, Arps, Slate, Meagher & Flom, write: The year 2013 was another year of robust merger...
View ArticleThe Surrogate's Court and Declaratory Judgments
In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman of Ruskin Moscou Faltischek write that while the language of CPLR §3001 (which concerns declaratory judgments) appears...
View ArticleAdvice for the Lawlorn: Won't Somebody Mentor Me?
I have been practicing for a year, setting my own hours and working on many different types of cases. But I get little guidance or mentoring, and I'm beginning to sour on lawyering as a career. How...
View ArticleUnder What Circumstances Can Insurer Recover Defense Costs?
In her Professional Liability Insurance column, Sue C. Jacobs of Goodman & Jacobs writes: Although the duty to defend is exceedingly broad it is not absolute and not without the possibility that...
View ArticleSecond Circuit Tackles Required Records Exception
In his Tax Litigation Issues column, Morvillo Abramowitz Grand Iason & Anello principal Jeremy H. Temkin writes: As part of its recent attack on undisclosed accounts, the DOJ has issued numerous...
View ArticleProtecting the Enforceability of Guarantees in Loan Modifications
In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein of DLA Piper, explore effective methods for obtaining the requisite guarantor consents.
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