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FEATURED
Free With Registration: Panel Reverses Ramos, Sends Tobacco Case to New Judge
Justice Charles E. Ramos
In an unsigned ruling, the Appellate Division, First Department, last week reversed a January decision by Manhattan Supreme Court Justice Charles E. Ramos granting the attorney general's request for a separate arbitration to determine whether New York state must contribute to a $1.1 billion adjustment that the tobacco industry has won for payments it must make under the 1998 nationwide tobacco settlement.
DECISION OF THE DAY
Flowers, plaintiffs-appellants-respondents v. 73rd Townhouse LLC, defendant-respondent-appellant
APPELLATE DIVISION
FIRST DEPARTMENT
Real Property
Sale?s Specific Performance Upheld; Case Remanded For Price Adjustment Given Incomplete Renovation
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FEATURED COLUMNISTS
New York Practice
Monday, May 19, 2008
Patrick M. Connors, professor of law at Albany Law School, writes: It is difficult to precisely gauge the significance of a particular period without the benefit of hindsight, but we are likely in the midst of the Golden Age of Personal Jurisdiction. Judicial opinions in this domain, especially those involving the dreaded long-arm provisions in CPLR 302, have historically been long, tedious, and dry as toast. That is beginning to change in the 21st century, as concepts of personal jurisdiction must now be applied in a whole new set of riveting circumstances.
Trusts and Estates Update
Monday, May 19, 2008
Ilene Sherwyn Cooper, a partner at Farrell Fritz PC, reviews recent Surrogate's Court and appellate opinions on powers of attorney, exoneration clauses, and accountability that provide cautionary instruction to fiduciaries in the fulfillment of their role, along with recent decisions warning counsel in regard to their ethical duties and sanctions, designed to curb abuses in the practice of law.
More Featured Columnists...THE BACK PAGE
Young Attorneys Envision Golden Future in Virtual Law
Friday, May 16, 2008
"Virtual law," as specialists call it, is not your father's law. And according to some aspiring lawyers, it is the next big thing. As example, they point to two recent sales-tracking measures in the entertainment business: Opening week gross receipts for "Iron Man," a new sci-fi action film from Paramount Pictures, were $126 million while comparable earnings for "Grand Theft Auto IV," the interactive computer game set in the sex- and crime-packed virtual world of Liberty City, topped $400 million in a few days.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Expert Witnesses and Human Biometrics
Tuesday, May 13, 2008
Ken Strutin, director of legal information services at the New York State Defenders Association, writes that in photo comparison identification cases, prosecutors have argued against the science or the appropriateness of biometric evidence. But a defendant has due process and compulsory process rights to present a defense to a critical element of the state's case, identification.
TOP STORIES
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
Trademark Area: Is 'Dawn Donut' Dead in Internet Age?
Monday, May 19, 2008
Stephen J. Quigley, of counsel to Ostrolenk, Faber, Gerb & Soffen, writes that although the 1959 concepts of "entry into a territory" and "market penetration" may well be anachronisms today where commerce is increasingly electronic and everywhere, the Second Circuit, for one, does not appear ready to abandon Dawn Donut completely.
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REAL ESTATE TRENDS
Lender Liability
Wednesday, May 14, 2008
Mitchell L. Berg, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, and Jesse L. Meshkov, an associate at the firm, write that with the reduced availability of credit, the tightening of lending standards and the downturn in the financial industry and the economy generally, the stage is set for an increased number of real estate loan defaults, foreclosures and workouts. It is thus an opportune time, they say, to reexamine the state of the law on lender liability . . .
More from Real Estate Trends...CORPORATE UPDATE
Corporate Securities
Thursday, May 15, 2008
John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, discusses a reform that is already under serious consideration and probably lies just within the envelope of political feasibility: the creation of an OTC clearinghouse as the mandatory counterparty in OTC derivatives transactions.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Complex Litigation
May 19, 2008
Read about the global realm of securities class actions as foreign investors appear as U.S. plaintiffs and a growing number of nations adopt procedures akin to the American model, developments in the law of removal since the enactment of CAFA, and the difficulty of obtaining class certification in consumer product defect suits in this Special Section from the New York Law Journal.
Free: Also, in the highlighted article from this section, Beware the Digital Minefield
Michael B. de Leeuw, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Philip A. Wellner, an associate at the firm, write that while the collection, review and production of e-mails and other electronic documents have become routine for U.S. companies, at this stage, there is no simple method by which EU documents containing personal data can be collected and transported to the United States for production.
MOST VIEWED ON NYLJ
- Newsbriefs
May 05, 2008 - Judge Sues Attorney, Newspaper
May 05, 2008 - Panel Finds Counsel Lacked Time to Prepare
May 05, 2008 - Burden Put On Lender In Foreclosure
May 05, 2008 - Free: Newsbriefs
May 01, 2008
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