December 19, 2012 | New York Law Journal
Martin Act 'Offering or Sale' of Securities Broadly ConstruedIn their Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss cases that involve how broadly the Martin Act phrase "offering or sale" of securities should be interpreted, when the state may avoid liability for negligence under the doctrine of sovereign immunity, and whether the agency defense to a charge of selling narcotics applies to the charge of facilitating the sale of narcotics.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
May 16, 2012 | New York Law Journal
Decisions on Wiretap and Lease Renewal Explore Impact of Late NoticeIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry review decisions holding that untimely disclosure of an eavesdropping warrant does not always mean suppression of wiretap evidence, and that a subtenant's having made substantial improvements to a commercial property does not mean the tenant will experience a forfeiture if its lease is lost, so the tenant's late notice of lease renewal need not be excused.
By Roy L. Reardon and Mary Elizabeth McGarry
9 minute read
March 21, 2012 | New York Law Journal
Rent Abatement Requires Demonstrated Damages or Non-Trivial Loss of UseIn their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Sipson Thacher & Bartlett, report that the Court has interpreted the longstanding "all-or-nothing" rule that a partial eviction from rented space justifies full rent abatement, finding the rule inapplicable in certain circumstances, and also provided clarification on two aspects of the revamped Rockefeller Drug Laws.
By Roy L. Reardon and Mary Elizabeth McGarry
10 minute read
October 19, 2011 | New York Law Journal
1993 World Trade Center Bombing Litigation and Governmental ImmunityIn their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review the appeal which hinged upon the capacity in which the Port Authority made its decision not to close the parking garage to the public or employ certain other security measures - as a landlord, or in the performance of a government function.
By Roy L. Reardon and Mary Elizabeth McGarry
7 minute read
July 17, 2013 | New York Law Journal
Adding Clarity to Constitutional Limits on GPS Tracking DevicesIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. review recent decisions in which the court dealt with the recurring issue of whether tortious conduct of government agencies is proprietary or part of a government function, determined that one of its own precedents had been wrongly decided 36 years earlier, and more.
By Roy L. Reardon and William T. Russell Jr.
13 minute read
March 20, 2013 | New York Law Journal
Defibrillators, Paid Fact Testimony, Consecutive SentencesIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss an appeal concerning the effect of Section 627-a of the General Business Law and other cases.
By Roy L. Reardon and William T. Russell Jr.
11 minute read
June 20, 2012 | New York Law Journal
'Red Scare' Records, At-Will Doctrine Exception, Confrontation ClauseIn their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that, among other cases, the Court of Appeals recently decided a Freedom of Information Law case of keen interest to historians and the press involving access to records of the Board of Education's decades-long "red scare" investigations of teachers.
By Roy L. Reardon and Mary Elizabeth McGarry
10 minute read
November 21, 2012 | New York Law Journal
Cautionary Tale to Attorneys on Duty to Safeguard Client FundsIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry discuss cases in which the court interpreted the "criminal enterprise" requirement of New York's Organized Crime Control Act and in doing so demonstrated that the state law can be narrower than its federal counterpart, RICO, held that the decision on whether to seek a lesser-included offense charge is a matter of "strategy and tactics," and upheld Grievance Committee professional misconduct charges against a lawyer arising out of his firm's bookkeeper's theft of client funds.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
June 19, 2013 | New York Law Journal
Murder Conviction Overturned; Prenuptial Agreement Found InvalidIn their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, address a case construing the effect of a lengthy coercive police interrogation on a subsequent confession made in the presence of counsel.
By Roy L. Reardon and William T. Russell Jr.
12 minute read
July 18, 2012 | New York Law Journal
Unjust Enrichment, Additional Insureds, Issues in Criminal PracticeIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry discuss a recent holding that a real estate firm's relationship with a competitor in the transaction at issue was not sufficient to support an unjust enrichment claim, another decision that stated that if misrepresentations by the primary insured rendered the liability policy void such that the primary insured was not entitled to coverage, the additional insureds similarly would not be entitled to coverage, and more.
By Roy L. Reardon and Mary Elizabeth McGarry
13 minute read
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