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NYLJ SERVICES
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Circuit Upholds N.Y. Statute Barring Direct Sale of Wine
A challenge from out-of-state wine retailers to New York state's prohibition on direct sales and delivery of wine to New Yorkers has been rebuffed by the U.S. Court of Appeals for the Second Circuit, which upheld the constitutionality of the state's laws. Deciding a closely watched case that drew three intervenors and a number of amici, including The Beer Institute, the federal appeals court said New York's Alcoholic Beverage Control Law does not violate the commerce clause of the U.S. Constitution because it does not favor in-state sellers at the expense of out-of-state sellers.
DECISION OF THE DAY
In re 25-24 Cafe Concerto Ltd., petitioner
v. New York State Liquor Authority, respondent
APPELLATE DIVISION
FIRST DEPARTMENT
Administrative Law
Evidence Does Not Support Finding That Club Sold Alcohol to Minors, Became 'Disorderly' Premises
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FEATURED COLUMNISTS
Criminal Law and Procedure
Monday, July 6, 2009
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.
Professional Responsibility
Monday, July 6, 2009
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?
More Featured Columnists...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Federal E-Discovery Issues
Tuesday, June 30, 2009
H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as with any new technology, companies need to think about preservation and collection before they adopt the technology. Companies that already have embraced social networking, they advise, should ensure that they are prepared to preserve, collect, and produce social networking data for an appropriate case and that their electronic communications policy is ready for the new social networking reality.
TOP STORIES
- Observers Note 'Incrementalism' In Methods Of Chief Justice
- State Held Liable for Unjust Murder Conviction Where Only Witness Admitted Testifying Falsely
- PINS Probation Can Continue After 18, Panel Says
- Third Circuit Admonishes Judge Over Sexually Explicit Online Material
- Ruling Restricts State's Ability To Recoup Federal Funds
- Correction
- Newsbriefs
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
Free With Registration: Court Toughens Application of Rule 8 Pleading Standards for Civil Cases
Monday, July 6, 2009
Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Free With Registration: Rent Regulation
Wednesday, July 1, 2009
Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write: One of the primary features of the Rent Stabilization Law ? at least for owners ? is the rent increase awarded for an Individual Apartment Improvement. IAIs relate to new equipment and improvements that an owner, usually upon vacancy, adds to an apartment, such as new kitchen cabinets, a new stove or refrigerator, or a complete bathroom renovation. In contrast, Major Capital Improvements concern the installation of new building systems, such as a new elevator, roof or boiler.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Corporate Crime
Thursday, July 2, 2009
Audrey Strauss, a member of Fried, Frank, Harris, Shriver & Jacobson, writes that the Supreme Court's decision next term in the Black case will be one of the most significant white-collar crime rulings in recent memory, given that the lower federal courts have struggled with the meaning of "the intangible right of honest services" since §1346 was enacted in 1988.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Free: Corporate Restructuring & Bankruptcy
Monday, June 29, 2009
In this Special Section from the New York Law Journal, brought to you free by ERS Group: "Confirmed Chapter 11 Plan, But in Distress Again," "'Bankruptcy Remote' Is not 'Bankruptcy Proof'" and "New Tax-Planning Opportunities."
Also, in the highlighted article from this section,
Buying and Selling Underperforming Corporate Assets
Charles H. Baker, a partner at Paul, Hastings, Janofsky & Walker, and Kimberly D. Newmarch, an associate at the firm, write that practitioners versed in the negotiation of conventional asset purchase agreements outside of bankruptcy should not be daunted by a lack of familiarity with a §363 asset sale, where the ability of a buyer to purchase assets at a significantly reduced price, or the ability of a seller to maximize the value of its assets can be beneficial to both sides.
More Special Reports and Magazines...
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