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Law and Children

Wednesday, July 9, 2008

By Andrew Schepard

Andrew Schepard, a professor of law and director of the Center for Children, Families and the Law at Hofstra University School of Law, writes that the ABA's Youth at Risk Commission invites New York's youth advocacy and youth serving communities--educators, social workers, mental health professionals and mediators as well as attorneys--to participate in programs focusing on youth aging out of foster care and on a youth's right to an effective education during the ABA's upcoming annual meeting.

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Domestic Relations Law

Wednesday, July 9, 2008

By Leonard G. Florescue

Leonard G. Florescue, a partner at Blank Rome, discusses recent decisions, including one that found a provision in a separation agreement prohibiting the husband from seeking a divorce on any ground for a period of five years without the wife's permission unconscionable, and another that seems to continue the courts' shifting New York to a community property state.


Arbitration

Tuesday, July 8, 2008

By Samuel Estreicher and Steven C. Bennett

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at Jones Day, review the Supreme Court's recent ruling in Preston v. Ferrer, which reaffirms the "separability" doctrine, whereby the Court views the promise to arbitrate as separate from the overall agreement in which it is contained, and a party seeking to avoid arbitration must challenge the validity of the specific agreement to arbitrate rather than the validity of the arbitration promise itself.



Appellate Review

Tuesday, July 8, 2008

By Evan H. Krinick

Evan H. Krinick, a partner at Rivkin Radler, reviews recent Second Department decisions dealing with discovery issues, including the inadvertent production of a report authored by a consultant hired by defendant's counsel and waivers of the physician-patient privilege.


Computer Law

Tuesday, July 8, 2008

By Richard Raysman and Peter Brown

Richard Raysman, a partner at Thelen Reid Brown Raysman & Steiner, and Peter Brown, a partner at Baker & Hostetler, write that the availability of preliminary injunctive relief in patent cases is an area that continues to witness remarkably dynamic development, in light of the Supreme Court's notable decision in eBay v. MercExchange. There, the Court held that traditional principles of equity generally applied in determining whether it is appropriate to issue a permanent injunction in a patent case. Since that decision, litigants have argued, and a number of courts have agreed, that while it applied to permanent injunctions specifically, the court did not limit its holding to that context and that the Court's reasoning likely applies when assessing requests for preliminary injunctions in patent infringement cases.



Criminal Law and Procedure

Monday, July 7, 2008

By Barry Kamins

Barry Kamins, a member of Flamhaft Levy Kamins Hirsch & Rendeiro, analyzes the recent U.S. Supreme Court ruling in Virginia v. Moore and considers the ramifications that it may have for New York practitioners.

When Is Insider Trading Subject To Criminal Prosecution?

Monday, July 7, 2008

By Douglas Rappaport, Joshua Sohn and Neha Dewan

Douglas Rappaport and Joshua Sohn, partners at DLA Piper US, and Neha Dewan, an associate at the firm, write that both the legal and financial press prove front-page coverage detailing the nefarious schemes of alleged insider-traders, detailing the risk of criminal prosecution faced by virtually anyone who trades in violation of the federal securities laws. These stories and cases, however, often fail to address the factors that determine whether a particular scheme will be prosecuted criminally as well as civilly.

Free: Jurisdiction Over Fraud Claims Of Foreign Investors

Monday, July 7, 2008

By Andrew G. Gordon and Audra J. Soloway

Andrew G. Gordon, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, and Audra J. Soloway, an associate at the firm, write that the the resolution of a jurisdictional challenge to foreign plaintiffs' fraud claims requires the application of a straightforward legal test to what may be a complicated set of factual allegations unique to the pleaded fraud.

Derivative Securities In the Credit Crisis

Monday, July 7, 2008

By Robin A. Henry

Robin A. Henry, a partner at Boies, Schiller & Flexner, writes that recent months have seen a wave of litigation spawned by the so-called "credit crisis." Actions between financial institutions regarding the "failure" of transactions involving derivative securities, such as credit default swaps or mortgage-backed securities, are of particular note.



Professional Responsibility

Monday, July 7, 2008

By Anthony Davis

Anthony Davis, a partner at Hinshaw & Culbertson, addresses an issue that regularly confronts lawyers in almost every area of practice, namely, whether and under what circumstances to represent multiple clients in the same matter. The central problem of these engagements is how to deal with conflicts of interest, which all too frequently develop among the clients after the representation has commenced, and whether these conflicts may be effectively waived in advance, at the time the engagement commences.

Using Confidential Informants To Meet the PSLRA's Pleading Standards

Monday, July 7, 2008

By Stephen M. Sinaiko and Matan A. Koch

Stephen M. Sinaiko, a partner at Kramer Levin Naftalis & Frankel, and Matan A. Koch, an associate at the firm, write that particularly given the U.S. Supreme Court's clarification in Tellabs of the formidable pleading burden that plaintiffs face under the PSLRA, the complaints in federal securities fraud actions will continue to rely on statements and information attributed to anonymous sources.


Insurance Law

Thursday, July 3, 2008

By Norman H. Dachs and Jonathan A. Dachs

Norman H. Dachs and Jonathan A. Dachs, attorneys with Shayne, Dachs, Stanisci, Corker & Sauer, analyze a new bill which, once signed into law, will dramatically change the rules of the game in relation to the timing for giving notice of claim, as well as the scope of future litigation in this particular area of insurance law.



Matrimonial Practice

Thursday, July 3, 2008

By Timothy M. Tippins

Timothy M. Tippins writes that More than a quarter century ago, the late Justice Arthur E. Blyn cautioned that bench and bar must be ever vigilant in monitoring the evolving law because, while some changes are trumpeted into the corpus juris with great fanfare, "others come in quietly on little cat's feet." A recent decision by the Appellate Division, Second Department may well exemplify one of those sleeper decisions that carries greater import than a cursory reading would suggest.

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