February 07, 2020 | New Jersey Law Journal
The Patient Care Ombudsman: A Different Type of Estate ProfessionalGiven that hospital bankruptcies are on the rise, the role of the patient care ombudsman is becoming more necessary and commonplace. The key challenge the courts face is striking a balance between ensuring ongoing proper patient care while maximizing the bankruptcy estate.
By Warren J. Martin Jr. and Rachel H. Ginzburg
7 minute read
February 04, 2020 | New Jersey Law Journal
Three Recent Developments in Third Circuit Bankruptcy LawBankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. This is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit.
By Rachel Ehrlich Albanese and Gregory Martin Juell
9 minute read
January 28, 2020 | New York Law Journal
Personal Benefit in Title 18 Insider Trading CasesIn their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's recent decision in 'United States v. Blaszczak', which significantly expanded insider trading enforcement authority.
By Martin Flumenbaum and Brad S. Karp
10 minute read
January 10, 2020 | New York Law Journal
Dismantling the SEC's Federal Court Disgorgement AuthorityWill the Supreme Court finish what it started in 'Kokesh'?
By Jonathan Rosenberg, Bill Martin and Alec Schierenbeck
8 minute read
January 06, 2020 | New York Law Journal
Section 1983 Damages: 'Send a Message'; Punitive Damages; and SetoffsSection 1983 is designed to compensate and deter constitutional violations by state and local officials. The damages phase of a §1983 action may present a variety of challenging issues. In his Section 1983 Litigation column, Martin A. Schwartz discusses the Tenth Circuit's recent decision in 'Burke v. Regalado', which provides valuable analyses of several of these issues.
By Martin A. Schwartz
13 minute read
December 24, 2019 | New York Law Journal
Narrowing the Bounds of 'Windfall' Restitution Awards in Financial Fraud CasesIn their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'U.S.v. Calderon,' where the Second Circuit limited the availability of "windfall" restitution awards and narrowed its interpretation of the "proximate cause" requirement for financial fraud victims under the Mandatory Victims Restitution Act of 1996.
By Martin Flumenbaum and Brad S. Karp
10 minute read
November 26, 2019 | New York Law Journal
Presidential Immunity From Criminal InvestigationIn their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'Trump v. Vance', in which the court held that presidential immunity does not bar a state grand jury from issuing a subpoena seeking non-privileged material to aid an investigation, even if the investigation may implicate the President. The decision represents a major, and potentially historic, step toward limiting a President's immunity from a state criminal process.
By Martin Flumenbaum and Brad S. Karp
9 minute read
November 04, 2019 | New York Law Journal
The Supreme Court Statute of Limitations DecisionAt 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.
By Martin A. Schwartz
14 minute read
October 22, 2019 | New York Law Journal
The Meaning of 'Official Act' Under Bribery LawsIn their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Ng Lap Seng,' where the court clarifies the contours and scope of the bribery statutes.
By Martin Flumenbaum and Brad S. Karp
9 minute read
October 17, 2019 | Legaltech News
How to Virtually Win and Work a Case from Start to FinishTreat your future-self right, and run your law firm like the business it is by following these simple recommendations for leveraging remote help and technology, ethically and effectively.
By Maddy Martin, Smith.ai; Dorna Moini, Documate and Kristin Tyler, LAWCLERK
7 minute read
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