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June 04, 2008 |

N.Y. High Court Questions AG's Involvement in Suit Over Grasso's Pay

New York's solicitor general Tuesday defended the state AG's involvement in litigation to force former New York Stock Exchange Chairman Richard A. Grasso to give back some of his $185 million compensation package. Barbara D. Underwood argued before the state's high court that Attorney General Andrew Cuomo's common law power of parens patriae allows him to act as the protector of the rights of NYSE members, who, she contended, were largely in the dark about what NYSE leaders were paying Grasso.
4 minute read
May 06, 2013 |

Can China Change CFIUS?

The national security review is the biggest single hurdle to many Chinese investments in the U.S., but many in China think the process is unfair.
7 minute read
June 24, 2008 |

Rare Debate on En Banc Review of Bias Case Splits Circuit

It is not often that the U.S. Court of Appeals for the Second Circuit decides to rehear a case en banc and it is even rarer when the judges disagree so publicly over the decision. On June 12, the circuit split 7-6, narrowly denying rehearing en banc for white firefighters in New Haven who said their right to equal protection and Title VII were violated when the city's civil service board voted to disregard exam results that would leave black and Hispanic firefighters little or no chance for promotion to captain or lieutenant.
6 minute read
September 20, 2000 |

Religion Should Guide Judges, Says New York Appeals Judge

The total separation of law and morality advocated by Oliver Wendell Holmes has been embraced by the legal establishment for more than a century. But New York Court of Appeals Judge Howard A. Levine said the most difficult cases cannot be decided without morality-based values, and urged the judiciary to recognize and embrace those values -- not ignore and shun them.
3 minute read
July 20, 2010 |

Pre-'Miranda' Questioning of Terrorism Suspects

Sean Haran, of counsel at Paul, Hastings, Janofsky & Walker, writes: In questioning alleged Times Square bomber Faisal Shahzad for nine hours before reading him his rights, the government relied upon the "public safety" exception to Miranda, under which the government may interrogate a suspect, within limits, before reading him his rights while still preserving the ability to use the suspect's statements against him in a criminal case.
11 minute read
June 04, 2008 |

Judges Question AG Involvement in Suit Over Grasso's Pay

New York's solicitor general yesterday defended the attorney general's involvement in litigation to force former New York Stock Exchange Chairman Richard A. Grasso to give back some of his $185 million compensation package. Barbara D. Underwood argued before the seven members of the Court of Appeals that Attorney General Andrew M. Cuomo's common law power of parens patriae allows him to act as the protector of the rights of those who are unable to protect themselves.
4 minute read
January 05, 2004 |

Ethics Limits on Law Firms Top List of New Issues on Appeal to High Court

Two of the latest appeals accepted for review by the state Supreme Court are about ethical restrictions on law firms. In one, the court is being asked to allow limited no-compete clauses in partners' retirement agreements. The other deals with litigation conflicts created when judicial clerks join firms.
7 minute read
January 04, 2013 |

Ex-Fumo Prosecutor Set to Join Teva As Senior Counsel

Assistant U.S. Attorney John J. Pease, one of the prosecutors in the high-profile federal corruption case against former state Senator Vincent Fumo, has announced he is leaving the U.S. Attorney's Office for the Eastern District of Pennsylvania after nearly 16 years to join Israel-based Teva Pharmaceutical Industries as senior counsel in charge of government investigations for North and South America.
4 minute read
October 14, 2013 |

Panel: OK to Let Jury Sort Out ER Negligence Standard

As the Georgia Supreme Court wrestles with when to apply a heightened negligence standard for medical malpractice cases against emergency room personnel, a panel of the state Court of Appeals has approved a trial judge's decision to let a jury figure it out.
7 minute read

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