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New York Law Journal

The Vanishing Federal Criminal Trial

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Contrary to Hollywood's fictionalized vision of our criminal justice system, a recent report from the National Association for Criminal Defense Lawyers confirms what many have recognized: trials are an endangered species.
12 minute read

New York Law Journal

'Burlington' and the Recoupment of Defense Costs by Insurers

While much paper and ink has been dedicated to the core differentiation between “caused by” and “arising out of,” less attention has been paid to that aspect of the 'Burlington' decision which provides for an insurer's ability to recoup defense costs upon a determination that the purported additional insured does not, in fact, qualify as an additional insured.
7 minute read

New York Law Journal

The '8 Unit' Rule, and Rental Fees for Durable Medical Equipment

In his No-Fault Insurance Law Wrap-Up David M. Barshay discusses, among other issues, 'Matter of Global Liberty Ins. Co. v. ISurply', which is instructive as to the proper rental fee for durable medical equipment.
10 minute read

New York Law Journal

The SEC's Draft Strategic Plan Sets Three Main Goals

Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris write: This June, the U.S. Securities and Exchange Commission published a draft of its strategic plan, which outlines the SEC's policy priorities through 2022. The agency set three main goals, which appear to be responsive to changes in the marketplace and the SEC's focus.
8 minute read

New York Law Journal

'Confirmation Bias' and the Criminal Litigator

Ethics and Criminal Practice columnist Joel Cohen writes: Are prosecutors or defense counsel ethically obligated to stifle their predispositions, proneness or susceptibility to a favorable view of a witness's account of the facts when carrying out their professional responsibilities?
9 minute read

New York Law Journal

International Commercial Litigation in New York

New York has positioned itself as an attractive forum for resolution of international commercial disputes, with flexible rules permitting contracting parties to agree to procedures specific to their needs. That choice works best for parties who take the necessary time in advance to negotiate not only choice of forum, but also the procedural mechanisms of their choice.
10 minute read

New York Law Journal

Midterm Congressional Legislative Wrap-up: Major Issues and Emerging Priorities

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: Political debates over the future of antitrust policy have become increasingly widespread over the past several months, but the 115th session of Congress will likely conclude without any major antitrust legislation being enacted.
9 minute read

New York Law Journal

Litigating the Return of Nazi-Looted Art

Complex Litigation columnist Michael Hoenig writes: With the opening up and digitization of Europe's war-era records, family descendants and relatives of original owner-victims of Nazi plunder are awakening to the possibility that they may have restitutional rights in valuable artworks held by others. In short, there has been and can be a thriving branch of litigation of which lawyers (and judges) should be aware.
10 minute read

New York Law Journal

When Is the Requirement in a License to Destroy 'Confidential Information' Considered Ambiguous?

Technology Law columnists Richard Raysman and Peter Brown discuss a federal court decision that is one of the latest cases where a court had to interpret a contract with potential ambiguities, notwithstanding the reputed sophistication of the contracting parties and their counsel.
7 minute read

New York Law Journal

So You Think You've Commenced an Election Law Proceeding? Think Again.

The clash of CPLR §304 and Election Law §16-102.
11 minute read

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