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Corporate and Securities Litigation

Wednesday, February 10, 2010

By Sarah S. Gold and Richard L. Spinogatti

Sarah S. Gold, a partner at Proskauer Rose LLP, and Richard L. Spinogatti, a senior counsel with the firm, review a recent decision arising out of the Bernard Madoff scandal where Southern District Judge Victor Marrero adopted Magistrate Judge Theodore Katz's report and recommendation rejecting a creative, but ultimately unsuccessful, attempt to secure a federal forum for a shareholder derivative suit involving purely state law claims.

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Special Education Law

Wednesday, February 10, 2010

By Phyllis K. Saxe and Sharon Stein

Phyllis K. Saxe, a special education attorney in New York, and Sharon Stein, a partner at Stein & Ott, write: Matrimonial lawyers and family law practitioners are often asked to navigate complex areas of substantive law, such as tax law, trusts and estates, and the law of corporations, for example, in order to properly represent their clients. We submit that an understanding of the Individuals with Disabilities Education Act will facilitate the obligation of all lawyers involved in divorce proceedings to reach the result that is in the best interests of the child.

Free: A Political Frankenstein's Monster

Tuesday, February 9, 2010

By Rory Lancman

Rory Lancman, representative for the 25th Assembly district in Queens and appellate counsel to Morelli Ratner, writes: Years from now, when the fiction of campaigning for public office is dispensed with and political seats are simply bought, sold and traded on exchanges resembling the stock market, we might ask ourselves how our political process came to look like a corporate version of one of those stories where humans lose control over the ever-sophisticated robots they have built and which end up taking over the earth.


Ethics and Criminal Practice

Tuesday, February 9, 2010

By Joel Cohen and Katherine A. Helm

Joel Cohen, a member of Stroock & Stroock & Lavan and an adjunct professor at Fordham Law School, and Katherine A. Helm, a law clerk for a U.S. Court of Appeals judge in Washington, D.C., write that improper ex parte communications are not as uncommon as they may seem, although we only typically find publicized controversy about them in big cases, and remedies are sparse.


Professional Liability

Tuesday, February 9, 2010

By Norman B. Arnoff and Sue C. Jacobs

Norman B. Arnoff, a New York City practitioner, and Sue C. Jacobs, a member of Goodman & Jacobs, write: Dilatory tactics frequently subject us, as lawyers, to sanctions and oftentimes legal malpractice claims from the former client. There is more often than not a fine line between ordinary error, negligence, and willful delay that subjects the lawyer to sanctions.


Appellate Practice

Monday, February 8, 2010

By Thomas R. Newman and Steven J. Ahmuty Jr.

Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, review a recent Supreme Court decision further narrowing the federal collateral order doctrine, which permits interlocutory appeals from a "small class" of prejudgment orders.


Labor Relations

Friday, February 5, 2010

By John P. Furfaro and Risa M. Salins

John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, review limitations on military contractors' use of mandatory arbitration agreements with its employees imposed by the 2010 Department of Defense Appropriations Act along with other recent changes in federal employment law.



Communications and Media Law

Friday, February 5, 2010

By James C. Goodale

James C. Goodale, former vice chairman of The New York Times and producer/host of the television program "Digital Age," writes that recent studies have shown that terrorists are not necessarily radicalized at mosques, they are radicalized on the Net, making it more dangerous than any other form of media the world has known. The terrorists have corrupted seemingly innocent activities such as visiting chat rooms. They have turned free speech into a sword.

Free: The Future of Litigation

Friday, February 5, 2010

By Shira A. Scheindlin

U.S. District Judge Shira A. Scheindlin, in remarks presented on Jan. 13 at the Inns of Court, discussed how litigation is changing, especially in the areas of jurisdiction; pleading standards and case tracking; vanishing trials and the changing jury culture; alternative dispute resolution; and the impact of electronic communications on civil and criminal litigation.


Southern District Civil Practice Roundup

Thursday, February 4, 2010

By Edward M. Spiro And Judith L. Mogul

Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that, for the recipient, a 30(b)(6) notice carries with it substantial obligations to designate and prepare appropriate witness(es) - obligations the recipient ignores at its peril.



Environmental Law

Thursday, February 4, 2010

By Michael B. Gerrard

Michael B. Gerrard, the Andrew Sabin Professor of Professional Practice and director of the Center for Climate Change Law at Columbia Law School and Senior Counsel to Arnold & Porter, writes: Despite the political meltdown that immobilized the state Legislature for much of the summer, new laws were enacted in New York in 2009 concerning energy efficiency retrofits, green jobs, the expansion of the state's returnable container law, and numerous other matters.

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