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November 07, 2019 | Connecticut Law Tribune

Greenwich's Caplan Gets Hearing in Bid to Avoid Disbarment for College Cheating Scandal

The Appellate Division, First Department held that Caplan's offense qualified as a "serious crime" that warranted immediate suspension, but also granted his request for a hearing as to "why a final order of censure, suspension or disbarment should not be made."
4 minute read
November 07, 2019 | New York Law Journal

Gordon Caplan Gets Hearing in Bid to Avoid Disbarment Stemming From College-Admissions Scandal

The Appellate Division, First Department held that Caplan's offense qualified as a "serious crime" that warranted immediate suspension, but also granted his request for a hearing as to "why a final order of censure, suspension or disbarment should not be made."
4 minute read
November 07, 2019 | New York Law Journal

Attorney Mental Health, Arbitration Clause, Fraudulent Conveyances

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision in which the judge called for a shift in the legal profession's culture to encourage attorneys with mental illness to seek help; another decision enforcing an Internet arbitration clause against a customer; and a decision declining to dismiss IRS claims for money damages against a co-defendant who had benefitted from fraudulent conveyances by her father-in-law to escape estate taxes.
8 minute read
November 06, 2019 | New York Law Journal

Trump Nominates 2 for Southern District of NY Judgeships, Seeks to Elevate Ala. Judge to 11th Circuit

The White House offers another round of nominations to fill vacancies on federal courts in New York, Pennsylvania, Oklahoma, Arizona, Missouri and Washington, D.C., and on the U.S. Tax Court. According to the U.S. Courts, the Southern District of New York is currently operating with six official vacancies.
3 minute read
November 06, 2019 | Daily Report Online

Trump Seeks to Elevate Alabama Judge to Eleventh Circuit

The Eleventh Circuit pick came among another round of nominations to fill vacancies on federal courts in New York, Pennsylvania, Oklahoma, Arizona, Missouri and Washington, D.C., and on the U.S. Tax Court.
3 minute read
Law Journal Press | Digital Book Emerging Technologies and the Law: Forms and Analysis Authors: Richard Raysman, Peter Brown, Jeffrey D. Neuburger, William E. Bandon III View this Book

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November 06, 2019 | The Legal Intelligencer

Trump Nominates Ogletree Deakins Partner for Western District of Pa. Judge

The White House offered another round of nominations to fill vacancies on federal courts in New York, Pennsylvania, Oklahoma, Arizona, Missouri and Washington, D.C., and on the U.S. Tax Court.
4 minute read
November 06, 2019 | Delaware Business Court Insider

Recent Cases Emphasize the Holistic Evaluation of Director Independence in the Demand Futility Context

Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.
5 minute read
November 05, 2019 | The Legal Intelligencer

Supreme Court Addresses Whether Criminal Verdicts Must Be Unanimous

The difficulty of convincing 12 jurors to agree unanimously on the overwhelming weight of evidence—or the lack thereof—is substantial. But that unanimity in criminal juries is not required in all courtrooms in America; some state courts recognize criminal convictions when the jury is not unanimous.
6 minute read
November 05, 2019 | The Legal Intelligencer

People in the News—Nov. 5, 2019—Marshall Dennehey

Karen E. Grethlein, associate in the professional liability department at Marshall Dennehey Warner Coleman & Goggin, was elected and installed vice president of the Philadelphia chapter of the National Association of Women in Construction.
3 minute read
November 04, 2019 | New York Law Journal

The Supreme Court Statute of Limitations Decision

At the end of its last term, the U.S. Supreme Court rendered an important decision concerning the accrual of a §1983 fabrication of evidence claim. In his Section 1983 Litigation column, Martin A. Schwartz discusses the case, 'McDonough v. Smith', in which the court held that the statute of limitations on Edward McDonough's claim that he was prosecuted based upon fabricated evidence did not accrue until he was acquitted of the criminal charges.
12 minute read

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