Outside Counsel
Free With Registration: Court Toughens Application of Rule 8 Pleading Standards for Civil Cases
Monday, July 6, 2009
Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court.
SPONSOR SPOTLIGHT
Favoring Other Creditors Over the Taxation Authorities
Thursday, July 2, 2009
Kenneth H. Ryesky, a solo practitioner who teaches at Queens College CUNY, writes that in tough economic times such as the present, business trust fund tax deficiencies occur more often, and therefore, pursuit by the taxation authorities of responsible individuals becomes all the more frequent. Attorneys need to know the rules, he cautions, in order to properly advise business clients regarding the hard choices that must be made in allocating scarce dollars, so that the attorney can avoid potential conflicts of interest.
The Ex Post Facto Clause In the Post-'Booker' World
Wednesday, July 1, 2009
Charles Clayman, a partner at Clayman & Rosenberg, and Harlan Protass, an attorney and adjunct professor at Benjamin N. Cardozo School of Law, write that until the "appropriate case" presents itself, district courts in the Second Circuit should continue to use the Guidelines manual in effect on the date an offense is committed if use of the Guidelines manual operational at the time of sentencing triggers an ex post facto violation.
Landlords' Duty to Mitigate: Cases Highlight Need for Legislative Action
Tuesday, June 30, 2009
Victor S. Faleck, deputy chief court attorney at the Appellate Term, Second Department, writes that as a general rule, a party injured by a breach of contract has a duty to attempt to minimize his damages; however, the common law did not impose such a duty upon a landlord when a tenant abandoned a property before the end of the lease. In modern times, he says, state courts and legislatures have increasingly recognized, however, the contractual nature of a lease, and many have begun to apply principles of contract law to leases.
'Mahoney-Buntzman' and 'Johnson': Persisting Issues in Matrimonial Law
Monday, June 29, 2009
Elliott Scheinberg, a practitioner in matrimonial law, writes that the Court of Appeals has recently resolved a key issue: payments made to a former spouse and/or children of an earlier marriage, even if made pursuant to court order, are not the type of liabilities entitled to recoupment by the current spouse.
Past Columns
Favoring Other Creditors Over the Taxation Authorities
Thursday, July 2, 2009
The Ex Post Facto Clause In the Post-'Booker' World
Wednesday, July 1, 2009
Landlords' Duty to Mitigate: Cases Highlight Need for Legislative Action
Tuesday, June 30, 2009
'Mahoney-Buntzman' and 'Johnson': Persisting Issues in Matrimonial Law
Monday, June 29, 2009
Arbitrators Less Prone to Grant Dispositive Motions Than Courts
Friday, June 26, 2009
Waiver of Health Care Co-Payments and Deductibles
Thursday, June 25, 2009
Free With Registration: Litigation in Landmark Asylum Case Over Domestic Violence Resumes
Wednesday, June 24, 2009
Shareholder Participation In Director Nominating Process
Monday, June 22, 2009
Modification of Support: No Easier To Get in Current Economic Times
Friday, June 19, 2009
'People v. Giles' Presents Distinct Evidentiary Issues
Thursday, June 18, 2009
Structuring a Security Deposit In the Event of Bankruptcy
Wednesday, June 17, 2009
The Unofficial Rules Of Court Clerks
Tuesday, June 16, 2009
Insurer's Use of Peer Review Report at Summary Judgment
Monday, June 15, 2009
Attempt to Correct Judgment Fails In Workers' Compensation Case
Friday, June 12, 2009
The Case for the Automatic Multidistrict Litigation Stay
Thursday, June 11, 2009
Interrogations and the Law: Does 'Miranda' Work?
Wednesday, June 10, 2009
Free With Registration: To Proffer or Not to Proffer? That Is the Question
Tuesday, June 9, 2009
Businesses, Consumers at Odds Over Proposed Arbitration Act
Friday, June 5, 2009
Avoiding Legal Malpractice: Dismissals and Their Remedies
Thursday, June 4, 2009
State Common Law Overtakes Famous Marks Doctrine
Wednesday, June 3, 2009
Making Room for Rooftop Wireless Antennas in New York
Tuesday, June 2, 2009
Using Literature to Impeach Expert Witnesses
Monday, June 1, 2009
Update on Ethics, Lobbying Reform In New York State Government
Friday, May 29, 2009
Helmsley's Pet Trust Raises Issues For Owners of All Income Levels
Thursday, May 28, 2009
When Is an Intangible Service Considered Real Property?
Wednesday, May 27, 2009
Wage Recovery for Illegal Aliens In New York Under the Labor Law
Tuesday, May 26, 2009
Free With Registration: 'Pyett' Clears the Way for Agreements to Arbitrate Employee Statutory Claims
Friday, May 22, 2009
Cases Highlight Minefield In Internal Investigations
Thursday, May 21, 2009
Insurance for Sexual Abuse Claims In Light of Pending Legislation
Wednesday, May 20, 2009
Law Relating to Alcoholics, Convicts, Drug Addicts in the Workplace
Tuesday, May 19, 2009
Free With Registration: New York Adopts Tough New Laws to Target Tax Fraud
Friday, May 15, 2009
Determining the Bounds Of Lis Pendens on Real Property
Thursday, May 14, 2009
Matrimonial Depositions: Amid Change, Stipulations Stay the Same
Wednesday, May 13, 2009
Court Reemphasizes Importance Of Written Description for Patents
Tuesday, May 12, 2009
Key Ruling on Timing Of SEC Enforcement Actions
Monday, May 11, 2009
Employee Free Choice Act: Reexamining Duty to Bargain
Friday, May 8, 2009
Felon Jurors in Criminal Cases: Post-Conviction Procedures
Thursday, May 7, 2009
Health Coverage for Terminated Employees Under New York Law
Wednesday, May 6, 2009
Court Gives Dominant Firms More Flexibility on Pricing
Tuesday, May 5, 2009


