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June 21, 2012 |

Expanding Criminal Discovery Responsibly

Cyrus R. Vance Jr., the New York County District Attorney, writes: In many cases in Manhattan and all over our state, witnesses are frightened, asked to lie, or asked to tailor their accounts so as to minimize their impact on the defendant at trial, and that is only for those who come forward at all. These problems provide a crucial backdrop to the current debate over expanding criminal discovery.
6 minute read
January 05, 2009 |

From Fumo to F-Bombs, a Colorful Year at Federal Court

The cursing client who couldn't be controlled, the trespassing teens atop the trains, the phenomenal fees for the Fen-Phen lawyers and the sitting state senator on trial. Those were some of the more colorful subjects in the headlines of 2008 generated by cases in the Eastern District of Pennsylvania federal court.
11 minute read
January 19, 2006 |

Most Associate Bonuses at Large Texas Firms Mirror Last Year's

With some enviously high exceptions, bonuses paid at the end of 2005 to associates with large Texas firms were similar to bonuses paid at the end of 2004. Sure, Houston's Susman Godfrey paid out year-end bonuses ranging from $86,000 to $150,000 -- averaging 75 percent of each associate's base pay -- but most associates statewide received considerably less. George Lamb, chairman of Baker Botts' associate compensation committee, says its two-tier bonus is based on merit and on productivity.
7 minute read
January 24, 2005 |

All Eyes on High Court Property Cases

Landowners, businesses and governments are closely watching a trio of cases before the Supreme Court with the potential to make this the most important property rights term in nearly two decades. Each case, say government officials, poses the threat of countless and costly lawsuits by businesses or private homeowners who will claim that federal, state or local governments have "taken" their property in violation of the Fifth Amendment.
8 minute read
November 10, 2010 |

Daily Decision Service Alert: Vol. 19, No. 217 - November 10 2010

Daily decision alert.
12 minute read
October 02, 2003 |

Directors' Concern Over Executive Pay Increasing

It seems the reformers are not quite finished with the corporate boardroom. This time the issue is executive compensation, propelled to the front lines by the scandal over former New York Stock Exchange Chairman Richard Grasso's $188 million compensation package.
7 minute read
September 23, 2003 |

Wal-Mart Hopes Judge Doesn't Buy Huge Class

On Wednesday, U.S. District Judge Martin Jenkins will hear arguments in San Francisco to determine whether Dukes v. Wal-Mart, 01-2252, should proceed as a class action. The specter of the giant class means the stakes for Wal-Mart are huge -- the company's lawyers estimate that damages could run into the billions of dollars. But the size and scope of the proposed class also provides Wal-Mart's lawyers with a big target as they try to shoot down a class they contend is overly broad and unwieldy.
6 minute read
April 18, 2012 |

Expert Testimony on False Confessions and Territorial Limits of Donnelly Act

In their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze, among other rulings, a decision where the Court construed the Donnelly Act, New York's version of the Sherman Act, and reached two significant conclusions. First, to survive a motion to dismiss a plaintiff must allege market power in the relevant market in which defendants are alleged to have restrained trade. Second, an overseas conspiracy must have a very close nexus to harm to competition in the state for it to fall within the reach of New York's statute.
11 minute read
September 22, 2009 |

2nd Circuit Revives Suit Targeting Power Plant CO2 Emissions

Global warming lawsuits brought by New York State and others who challenged major utilities on carbon-dioxide emissions from coal-burning power plants were reinstated Monday by the 2nd U.S. Circuit Court of Appeals. In a decision that New York Attorney General Andrew Cuomo called "game-changing," the circuit found there was no need for the trial court to defer to the political branches and refrain from hearing the suit until there is a definitive policy statement on global warming from Congress and the president.
6 minute read
March 21, 2005 |

Mopping Up

The mood was somber the morning of Dec. 9, as Ronald Greenspan worked his way through a two-hour PowerPoint presentation chronicling the history of Brobeck's demise for a tense audience of 100 lawyers. He also laid out the legal theories for the partners' liability and explained his formula for determining how much each owed the estate. But within three months, 208 of the former Brobeck partners had inked individual settlements with Greenspan. Together they agreed to pay about $24 million to the estate.
10 minute read

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