Attorney-Client Privilege in Internal Investigations
In his Corporate Litigation column, Joseph M. McLaughlin analyzes the D.C. Circuit's decision in 'In re Kellogg Brown & Root,' which restores much of the predictability attendant to the...
View ArticleAntitrust and Conditional Pricing Practices
In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte discuss a recent joint workshop held by the Antitrust Division of the DOJ and the FTC that was prompted by the...
View ArticleFair Housing Decision Tests Previous Notion of Standing
Robert L. Schonfeld writes that while contrary to traditional notions of standing, persons and entities not within a protected class have standing to challenge discriminatory housing practices under...
View ArticleGeneral Solicitation and Advertising in Rule 506 Offerings
In his Real Estate Securities column, Peter M. Fass reviews SEC amendments to Rule 506 of Regulation D and to Rule 144A under the Securities Act of 1933 that will permit sponsors of real estate...
View ArticleDecision Expands Hardship Exception to Medicaid Denial
In his Elder Law column, Daniel G. Fish writes that many practitioners had dismissed as a mirage the undue hardship exception, under which Medicaid assistance will be available to a nursing home...
View ArticleThe Wrongful Act Requirement for Piercing the Corporate Veil
In their Commercial Division Update, George Bundy Smith and Thomas J. Hall review recent decisions that make it clear that abuse of the corporate form is not enough to impose a corporation's...
View ArticleCompliance Officers Beware: A Firm's Failure Can Get Personal
Linda Riefberg and Joseph Dever write that the SEC and FINRA currently have different approaches to Compliance Officers. The SEC requires as a threshold matter supervisory responsibility over other...
View ArticleReap the Benefits of a Bar Association
Glenn Lau-Kee, the president of the New York State Bar Association and partner at Kee & Lau Kee, writes: A true legal education never stops. There is no better way to gain this experience than by...
View ArticleFinding 'Success': A New Equilibrium in the BigLaw Marketplace
Robert N. Freedman and Doreen E. Lilienfeld, former hiring partners, and Linda E. Rappaport and Daniel H.R. Laguardia, current hiring partners, for Shearman & Sterling, write: Whether the cause was...
View ArticleI Did Everything Right ? Where's My Job?
Jill Backer, the associate director for employer relations at Brooklyn Law School and co-chair of the NYCLA Lawyers in Transition Committee, writes: Graduating from law school and taking the bar exam...
View ArticleA Distinguished Career Starts With Networking
Jack Killion, co-founder and partner in Bluestone + Killion, writes: The factor that generates the top, mind-boggling successful lawyers from the rest is their ability to network and develop important...
View ArticleBasic Rules for OCI and Summer Associate Programs
Larry Cunningham, the Associate Academic Dean at St. John's School of Law, and Andrea M. Alonso, a partner at Morris Duffy Alonso & Faley and president of the St. John's School of Law Alumni...
View ArticleCommercial Division's 'Rocket Docket'
Richard S. Fries describes the new rule providing for the accelerated adjudication of disputes in the Commercial Division, the manner in which it can be used, the restrictions on discovery, the...
View ArticleAffordable Care Act Reporting and Other Developments
In his Tax Tips column, Sidney Kess provides an overview of new tax forms relating to the Affordable Care Act, draft versions of which have been revealed, and advises readers on who must file them.
View ArticleCourt Addresses Bitcoin, Other Novel Online Technology Issues
In her Internet Issues/Social Media column, Shari Claire Lewis, a partner in the Long Island office of Rivkin Radler, writes: 'United States v. Ulbricht' appears to be the first New York case to...
View ArticleChanging Face of Judicial Oversight of the SEC
In her Securities Regulation column, Roberta S. Karmel writes: For many years, the SEC led a charmed existence in the federal courts, rarely losing cases or having its rules invalidated. During the...
View ArticleDodd-Frank, 'Morrison' and Global Securities Transactions
Chaim A. Levin writes: With greater frequency our courts are asked to evaluate the competing interests of foreign jurisdictions and our own ideals of what disclosure and accountability procedures need...
View ArticleProtection of Hotel Guest Data and Personal Information
In their Hospitality Litigation column, Todd E. Soloway and Joshua D. Bernstein of Pryor Cashman, discuss the the extent of a hotel company's liability to guests whose personal information was stolen,...
View ArticlePitfalls of the Matrimonial Retainer Agreement
Asher B. White and Menachem White write: The retainer agreement is a contract between an attorney and the client. However, in matrimonial cases, it is a force of its own. There are countless rules...
View ArticleApplying Project Influence Rule in Condemnation
In his Condemnation and Tax Certiorari column, Michael Rikon reviews a case in which the Court of Claims ordered an award on an appropriation claim which was lower than the advance payment, and the...
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