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Eastern District Roundup

Friday, May 9, 2008

By Harvey M. Stone and Richard H. Dolan

Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, analyze recent cases covering identity theft, labor disputes and the travails of an interstate traveller packing a gun post-9/11, along with other noteworthy decisions.

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Mediation

Friday, May 9, 2008

By Abby Tolchinsky and Ellie Wertheim

Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that because mediation is a process without procedural safeguards, there may be an added layer of concern as to whether the resulting agreements will hold up over time. Ironically, they say, it is the personal input from the parties to mediation that increases the likelihood that the decisions they make together will stand the test of time.


New York Court of Appeals Roundup

Thursday, May 8, 2008

By Roy L. Reardon and Mary Elizabeth McGarry

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett discuss three recent decisions: one on the duties owed to a client by a buyer's real estate agent; another on the standing of members of an LLC to bring a derivative suit on its behalf; and, the third dealing with a time bar for compensation for an emotional distress claim for AIDS phobia.


Corporate Insurance Law

Thursday, May 8, 2008

By Howard B. Epstein and Theodore A. Keyes

Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, report on recent rulings where the Court of Appeals held that an insured may recover consequential damages resulting from an insurer's breach of the covenant of good faith and fair dealing provided the damages were "within the contemplation of the parties as the probable result of a breach at the time of or prior to contracting."


Cooperatives and Condominiums

Wednesday, May 7, 2008

By Richard Siegler and Eva Talel

Richard Siegler and Eva Talel, partners at Stroock & Stroock & Lavan, discuss when a board may justifiably elect not to address complaints in disputes between neighbors and provide guidance and recommendations to boards and managers for efficient ways to foster resolution of disputes between apartment owners.


Appellate Practice

Wednesday, May 7, 2008

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, write that in a recent medical malpractice action brought on behalf of a severely brain-damaged infant, which was dismissed on statute of limitations grounds, the U.S. Court of Appeals for the Second Circuit reminds us that all is not necessarily lost merely because a trial error was not saved for review by a timely objection.


Insurance Law

Tuesday, May 6, 2008

By Norman H. Dachs and Jonathan A. Dachs

Norman H. Dachs and Jonathan A. Dachs of Shayne, Dachs, Stanisci, Corker & Sauer report upon the state of New York Insurance Department's "Annual Ranking of Automobile Insurance Complaints." In addition, this article discusses an interesting and significant case that is on its way to the Court of Appeals, which deals with the type of service that triggers the notice of lawsuit requirement under a liability policy.



School Law

Tuesday, May 6, 2008

By Jerome H. Ehrlich

Jerome H. Ehrlich writes that, in the opinion of some school officials, a brief and relatively unheralded provision embedded in this year's state Budget Bill may be an indicator of a sea change in the quality of the performance to be expected of future teachers employed in our public schools.

White-Collar Crime

Tuesday, May 6, 2008

By Elkan Abramowitz and Barry A. Bohrer

Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that the government has increased its focus on border security in response to heightened concerns of international terrorism and crime. Accordingly, international business travelers may be subject to more extensive searches when leaving and entering the United States.

Trusts and Estates Law

Monday, May 5, 2008

By C. Raymond Radigan and Peter K. Kelly

C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Peter K. Kelly, of counsel to the firm, write that trial by jury in Surrogate's Court is afforded when questions of fact arise concerning proceedings to which a party has a constitutional right to a trial by jury, as well as in probate proceedings and in any proceeding commenced after the death of a creator of a revocable lifetime trust regarding the validity of a trust and where questions of fact arise.

Free: When All Efforts Fail to Retain Them, Unintentional Biases May Be at Work

Monday, May 5, 2008

By Ellen Ostrow

Ellen Ostrow, a psychologist and founder of Lawyers Life Coach, writes that rates of associate attrition from the largest law firms in the United States are higher than ever, in spite of years of efforts to reduce them. Women and attorneys of color share with white male lawyers many reasons for leaving, however, diverse attorneys bump up against other cultural norms that have been part of law firm mores for so long that they appear to be professional requirements.



Professional Responsibility

Monday, May 5, 2008

By Anthony E. Davis

Anthony E. Davis, a partner of Hinshaw & Culbertson, considers several recent decisions from around the country that focus on lawyers' duties to supervise their clients in the context of discovery and their duties generally towards the courts before which they practice.

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