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Channel: New York Law Journal - Columns

Gary P. Naftalis

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Year after year, Gary Naftalis is rated the top trial lawyer in New York. (Eat your heart out, David Boies.) Admittedly, this is a far cry from his youthful ambition to play forward for the Knicks. But Gary, forced onto a different kind of court, has already managed to score more victories than the Knicks are likely to achieve in our lifetimes.

Randolph Treece

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Picture if you can, a man resplendently attired, regal in appearance, walking down any street in Albany, Troy, or Schenectady, New York, with every passerby yelling out, "Hey Randy," because he seems to know EVERYONE, and you have visualized the Honorable Randolph F. Treece, affectionately known to all as the "Mayor."

Sara Moss

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Sara Moss has been described as a "force of nature"—a tireless advocate for her principles, her clients, her family and her friends. She has forged a remarkable legal career while raising a family of four children—and she has done it all with humility, warmth and integrity.

Andrew T. Hahn Sr.

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"To be successful in the legal profession, a good lawyer must understand the people he or she serves. Understanding clients, judges, juries—people from all races, nationalities, gender, and creed—will make you a more effective advocate."

Robin Cohen

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"I'm often in a situation where it's my team, which is very diverse, against a large number of attorneys on the other side that are not diverse, and so I think it's important for the firm to support diverse leadership, and it's also important from a client perspective."

Ronald Shechtman

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"I am guided by the principle that when you empower exceptional attorneys with the autonomy to make decisions about their practice, innovative and extraordinary lawyering results."

Jonathan Youngwood

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"What the lawyers I most admire have in common is a record of balancing excellence in private sector work with meaningful public service or pro bono commitments. I have tried hard to follow in their footsteps by pursuing pro bono engagements throughout my career."

Josh Rosenkranz

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"A leader shares the opportunities, the limelight, and the credit—and willingly absorbs the blame."

Dan Zelenko

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"To me, leadership is about creating opportunities for other lawyers on the team."

Molly Boast

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"Don't be afraid to take risks. You'll never regret betting on yourself."

John Rapisardi

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"A dedication to excellence in serving one's firm and practice, including clients, is no doubt of great importance. But to truly make a lasting and discernible impact we must always seek out ways to embrace values and harness our natural and legal talents to advance social justice."

Richard Spehr

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"Lawyers famously do not want to be told what to do and how to act. Gentle persuasion is the best management tool that I can think of."

Bertina Capuano

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"The essence of a true leader is to have and exhibit a genuine caring of other people, being invested in their success and helping them to achieve their goals. When your team's success becomes your priority, everything seems to fall into place."

Richard Revesz

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"Good leadership is primarily about communication and collaboration. Most successful projects begin with the communication of a vision or an idea, and truly come to life when other people are empowered to build on it. "

Katya Jestin

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"There is a lot of opportunity in BigLaw to promote diversity and inclusion, and it is critical for more senior lawyers of all stripes to look for opportunities to champion talented women as well as men—bring them to pitches; staff them on critical matters; and pay them fairly."

Linda Addison

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"I am proud of the transformational change that occurred during my tenure as Norton Rose Fulbright's U.S. managing partner."

Hollis Salzman

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"I think about leadership less in terms of giving people direction than in providing them whatever support they need to thrive—it could be advice, resources, or a well-timed pep talk."

Deanna L. Kirkpatrick

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"Raise your hand and go after the opportunities you want. Be confident in your abilities and take initiative."

Derrelle Janey

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"The practice of law is a cerebral exercise that relies on careful thinking and quality writing. Technological advancements simply cannot replace these essential ingredients for a lawyer's DNA."

Peter Calamari

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"Leaders should listen more than they talk and, above all things, they should have common sense and good judgment."

Luise Barrack

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"Being a leader requires you to lead by example, to never expect from others more than you expect from yourself, and to devote yourself to the greater good without consideration of individual benefit."

Rebecca Price

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"The privilege of being considered a leader is that you get credit for a lot of good work done by others. The challenge is having the humility to own the inevitable failures that occur under your stewardship, and the curiosity to learn from them."

Oliver (Ollie) Armas

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"A good leader in a law firm has to prioritize demands. Clients always come first, your firm is second, and your personal self-interests are last."

Jim Walden

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"Law cannot and should not be an engine of stagnation or a means of discrimination. When members of a legal team come from different and diverse backgrounds, the solutions they can offer clients are usually stronger and more creative."

Marissa Soto

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"Making the daily commitment to conduct your practice and life to inspire others is what it means to be a leader."

Kirkland & Ellis

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"We look at each dispute from a multidisciplinary perspective, understanding that the conventional approach often is not the most effective or efficient strategy."

Paul, Weiss, Rifkind, Wharton & Garrison

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"We have a deep bench of talented trial lawyers who are well-known for their ability to take multibillion-dollar cases to verdict and win—giving us a tremendous competitive advantage both in court and during negotiations."

Sullivan & Cromwell

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"Our trademark generalist approach is tailor made for responding to corporate crises. When every decision counts, attorneys with the skills to consider both legal and business implications, as well as the agility to pivot quickly and expertly from various areas of law, are key to success."

Simpson Thacher & Bartlett

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"The securities litigation landscape is constantly evolving. Regardless of any shifts in the nature of the substantive claims brought by plaintiffs' counsel, there will always be a strong demand for superior defense lawyers with deep substantive knowledge of securities-related legal issues."

McKool Smith

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"We are eager to partner with our clients for creative fee arrangements because we're very confident in our abilities to be successful."

Jones Day

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"Early on in each case, we look at the client's potential options for success and focus our strategy on the one that leads to achieving the best result for our client most quickly and efficiently."

Kevin McDonough

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In his 12 years of practice, Latham & Watkins partner Kevin McDonough has represented his share of deep-pocketed clients, but has recently spent considerable time tackling an issue that for some epitomizes injustice for poor defendants: the sprawling jail complex at Rikers Island.

Evan Chesler

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Evan Chesler, chairman at Cravath Swaine Moore, was lead outside counsel for American Express in litigation brought by the U.S. government alleging its mandatory terms for participating retailers violated antitrust law. This was no ordinary antitrust litigation.

Eric Wrubel

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Eric Wrubel, a partner at Warshaw Burstein, was part of a team of lawyers last year that successfully argued before the state's highest court that the definition of parent should be expanded in New York. The landmark decision last August was a win for same-sex couples around the state who would now be considered a parent and allowed visitation rights and custody of a child despite not being an adoptive parent or biologically related.

Decisions Highlight Need to Rethink IP Protection Strategies for Product Designs

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Milton Springut discusses two recent decisions which will require that strategies for protecting decorative designs incorporated into useful articles be rethought.

New Rules Governing Financial Performance Representations

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In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.

Dr. Seuss 'Transformed': Fair Use or Abuse or Both?

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In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.

Representation and Warranty Insurance

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In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."

Realty Law Digest

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Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses ?Hahn v. Hagar? where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and ?Bodenstab v. Saint-Gobain Performance Plastics Corp,? which involved 16 consolidated cases arising from the contamination of groundwater.

Developments Regarding Micro-Captive Insurance Structures

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In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.

New Criminal Justice Legislation: Part Two

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In his Criminal Law and Procedure column, Barry Kamins picks up with the second part of his review of new criminal justice legislation.

Preparing Witness Statements in International Arbitration

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In his International Arbitration column, John Fellas discusses how to avoid submitting a witness statement that is a time-bomb—a statement that apparently strongly supports your client's case at the time it is submitted, but that, months later at the hearings, blows up in the witness' face the minute she is cross-examined about it.

Loss Causation in Securities Fraud Cases

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David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.

Women Partners: To What Extent Do Management Roles Enhance Your Practice?

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Will that role as the female hiring partner drain your practice development?

SCOTUS to Tackle Interaction of FAA, NLRA on Arbitration Agreement Issue

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In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss cases recently argued before the U.S. Supreme Court that, at their core, concern how two federal statutes—the FAA and the NLRA—interact and raise the basic question of whether the NLRB has authority to regulate arbitration agreements in the nonunion sector.

Defenses of Impossibility of Performance and Frustration of Purpose

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In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the importance of striving during the contract drafting process to include contingency clauses providing for foreseeable possibilities and language making clear the contract?s purpose.

Remarks From the Investiture of Judge Paul Feinman

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Of all the ideals upon which our state and nation are based, first and foremost is justice.

The Municipal Official's Guide to Short-Term Rental Regulations

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Mark A. Cuthbertson examines the arguments for and against short-term rentals, using AirBnB as an example, and discusses different regulatory tools available to municipal officials to regulate such activity.

Jury Duty: A View From the Box

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In this Law Firm Management column, Steven Andersen shares observations from his recent jury service, providing a perspective to litigators on what goes on in the jury room, even if the stakes of the case are low.

Avoiding Capital Gains Taxes After Sale of Publicly Traded Securities

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In his Estate Planning and Philanthropy column, Conrad Teitell analyzes a scenario in which an individual who sold publicly traded stock can avoid the capital gains tax.





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