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February 07, 2008 | New York Law Journal

New York Court of Appeals Roundup

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, discuss recent decisions in which the court addressed the requirements for a common-law unfair competition claim for misappropriation of a famous trademark, concluded that an 1858 precedent no longer posed a bar to a defendant consenting to having a jury of 11 decide the charges against him, and determined that, with limited in-state and internet activities, the defendant was not subject to long-arm jurisdiction.
10 minute read
August 10, 2010 | New York Law Journal

Panel Rejects Oneida Bid for Compensation for Upstate Land

A split Second Circuit panel yesterday rejected a lower court's determination that the Oneida Indians could be eligible for compensation for some 250,000 acres of central New York that their ancestors sold to the state after the Revolutionary War. Northern District Judge Lawrence E. Kahn had reasoned that the equitable defense of laches would prohibit the return of the lands, but had left the door open to compensation through "non-possessory" rights he ruled the Oneidas still held.
5 minute read
March 16, 2009 | New York Law Journal

Tax Tips

Sidney Kess, a CPA-attorney, writes: On Feb. 17, 2009, President Obama signed into law a $787 stimulus package called the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). In this package were nearly $300 billion in tax relief. There were more than 300 changes in the Internal Revenue Code made by this new law; here are some of the key tax credits and other provisions affecting individuals.
9 minute read
February 09, 2004 | New York Law Journal

Greenberg Traurig Taps Into Lucrative Lobbying Market

6 minute read
April 04, 2006 | New York Law Journal

Attorneys' Group Backs Informal Discovery

4 minute read
May 12, 2008 | New York Law Journal

Products Liability

Michael Hoenig, a member of Herzfeld & Rubin, writes: Do the admissibility rules cited by courts when they accept or reject test evidence make sense today, or do they represent mere relics from a bygone era? Has robust judicial "gatekeeping" of expert testimony for "reliability" under Frye or Daubert admissibility criteria effectively made evidentiary standards such as "sufficient similarity of conditions" or "substantially similar tests" outdated? A new, thoughtful, provocative, well-researched and clearly written article published far away should be required reading for those grappling with test evidence in important cases.
11 minute read
March 08, 2005 | New York Law Journal

The Class Action Fairness Act of 2005

David Klingsberg, special counsel with Kaye Scholer, and Alan E. Rothmanm, an associate with the firm, write that, historically, Congress had limited the constitutional grant of federal diversity jurisdiction by requiring "complete diversity" among all parties (no plaintiff is a citizen of the same state as any defendant), imposing a jurisdictional minimum and raising that minimum five times. That is no longer the case.
11 minute read
December 15, 2011 | New York Law Journal

Litigation Financing and Non-Lawyer Investment in Law Firms

Evan Glassman and Anthony A. Onorato of Steptoe & Johnson write that the rule prohibiting a for-profit law firm from having non-lawyer shareholders represents a bright line in an otherwise gray area - a Rubicon meant to protect privilege and independent counsel. While "case scale" alternative litigation financing has met with general acceptance, it still raises thorny issues regarding sharing of information and loyalties. These concerns are magnified at the firm level.
11 minute read
May 09, 2003 | New York Law Journal

Circuit Finds 'Apprendi' Not Retroactive For Habeas Relief

4 minute read
April 29, 2004 | Law.com

Court Seems Split, Troubled By Terror Cases

9 minute read

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