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Professional Responsibility

Monday, July 6, 2009

By Anthony E. Davis

Anthony E. Davis, a partner at Hinshaw & Culbertson, considers three questions recently addresed by courts and bar groups: May prospective clients sue for bad advice given during an interview intended to determine whether the firm would be hired (or would accept the engagement)?; What are the elements that trigger the duty of confidentiality to a prospective client?; What is the scope of law firms' duties of supervision of associates assigned to perform pro bono work outside their normal areas of competency?

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Criminal Law and Procedure

Monday, July 6, 2009

By Barry Kamins

Barry Kamins, the administrative judge for criminal matters in the Second Judicial District, analyzes the the major provisions of New York's latest retooling of drug laws enacted during the drug epidmeic of the 1970s, signed into law by Governor David A. Paterson on April 7, 2009, with its numerous features and various effective dates.



Bankruptcy Practice

Thursday, July 2, 2009

By John J. Rapisardi

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, writes that although the typical case of substantive consolidation calls for the merger of multiple entities into one, one recent litigation involved a structure pursuant to which numerous debtors were consolidated into one of three debtor groups. Despite the fact that the consolidation was not a typical "many-into-one" structure, he reports, the District Court for the District of Delaware found that this "many-into-three" consolidation still constituted substantive consolidation and unfairly harmed certain creditors.



Matrimonial Practice

Thursday, July 2, 2009

By Timothy M. Tippins

Timothy M. Tippins, a practicing attorney and an adjunct professor of law at Albany Law School, writes the value of most assets is dynamic, not static, and, as recent economic history has demonstrated so dramatically, the difference of even a few months can have a remarkable impact on the value of a marital estate.


Cooperatives and Condominiums

Wednesday, July 1, 2009

By Richard Siegler and Eva Talel

Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel is a partner at the firm and an adjunct professor at Cardozo Law School, describe several challenges posed by the revised New York Rules of Professional Conduct related to co-ops and condominiums, review relevant provisions of the New Rules and the Old Code, and provide guidance to boards and their managers for retaining legal counsel.


Corporate Insurance Law

Wednesday, July 1, 2009

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, write: In Continental Casualty Co. v. Employers Ins. Co. of Wausau, the Appellate Division, First Department issued an uncommon decision upholding the insurance carriers' laches defense and finding that coverage was barred due to prejudice caused by the insured's delay in asserting a new coverage theory.


Commercial Division Update

Tuesday, June 30, 2009

By George Bundy Smith and Thomas J. Hall

George Bundy Smith, a former Associate Judge on the New York Court of Appeals, and Thomas J. Hall, partners with Chadbourne & Parke, address the current state of the New York law as it relates to the preservation and production of ESI, examining the relevant rules governing the use of ESI in the Commercial Division and consider the case law, focusing on developments in the preservation of ESI and the financial burdens of producing ESI.



Civil Rights and Civil Liberties

Tuesday, June 30, 2009

By Christopher Dunn

Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that government agents have played a significant role in several alleged plots of domestic terrorism, so it is not surprising that defendants in these cases often have asserted entrapment. The defense has rarely succeeded, however, and, he notes, in the three significant terrorism appeals the U.S. Court of Appeals for the Second Circuit has heard in the last 15 years ? the 1993 World Trade Center bombing, the 2004 plot to bomb the Herald Square subway station, and the Albany 2004 plot to use a missile on a Pakistani diplomat in New York City ? it summarily rejected entrapment claims.


Immigration Law

Monday, June 29, 2009

By Angelo A. Paparelli And Ted J. Chiappari

Angelo A. Paparelli, a partner at Seyfarth Shaw and is president of the Alliance of Business Immigration Lawyers, and Ted J. Chiappari, a partner at Satterlee Stephens Burke & Burke, write that as the government's enforcement efforts have moved fitfully ahead in recent years, some U.S. employers, hoping to avoid immigration liability, have taken more aggressive steps to mind the hiring practices of their fraternal business compatriots, namely, their vendors, contractors and subs, by requiring contractual assurances of immigration compliance, demanding third-party audits of vendors' immigration practices, and terminating service contracts with noncompliant providers.

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