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New York City Goes 'Greener' and 'Greater'
Charles S. Warren, a partner, Karen L. Mintzer, a special counsel, and Inge Hindriks and Pamela Swidler, associates at Kramer Levin Naftalis & Frankel, write that the new laws under the Greener, Greater Buildings Plan represent a major shift because they impose significant obligations on existing buildings, which have generally been grandfathered or exempt under the New York State Energy Code and prior amendments to New York City's codes. Advance planning and action are needed to meet the new requirements.
As Summer Hits, Whither the Obama Labor Agenda?
Philip M. Berkowitz, a partner at Nixon Peabody, writes: President Barack Obama would not have been elected without the strong support of labor, and his election promised to herald in an era of pro-employee legislation. But many proposed pro-union laws appear to be dead or have dropped off the radar, and the reason is obvious: It's the economy.
Protecting the Integrity of the Medical Malpractice Trial
In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that the trial attorneys' obligation to protect the integrity of the adjudicative process is an obligation that stands apart from the obligation to render effective representation of their clients' rights.
Madoff Victims Who Paid Taxes On Scheme Income Seek Refunds
Stephen M. Breitstone, a partner at Meltzer, Lippe, Goldstein & Breitstone, writes: As the repercussions from Madoff's Ponzi scheme become clearer, it is certainly possible that the IRS will issue guidance for those affected by the fraud. Hopefully, the guidance, if issued, will be on a basis that provides meaningful relief to Madoff victims. Meaningful relief does not mean merely allowing theft loss deductions at the end of the bankruptcy for phony income that was previously taxed. That type of relief would be of little benefit since many Madoff victims have limited ability to benefit from such losses. Instead, the IRS should devise some method of returning the tax windfall it has unwittingly received on the backs of the defrauded Madoff victims.Assumption of Risk Dooms College Pitcher's Bid to Sue for Injury
A pitcher hit in the face by a line drive during batting practice assumed the risk of injury and cannot sue his school, a split Third Department panel has ruled. The court rejected Shawn Bukowski's contention that the conditions were especially hazardous during the indoor practice at Clarkson University in Potsdam because there was no "L-screen" to protect him and the lighting was questionable.
Corporate and Securities Litigation
Leon P. Gold and Richard L. Spinogatti, partners in Proskauer Rose, write that the Eleventh Circuit, in its recent decision in SEC v. Smyth, has suggested that the SEC's longstanding form of consent decree is not specific enough to be enforceable, a statement that may alter the process by which civil injunctive actions are resolved.Ex-Teacher Gains Ground in Compelling DOE to Turn Over Records
A unanimous state appellate panel has ordered the New York City Department of Education to provide a court with records of an internal investigation into allegations by a retired teacher that his school failed to comply with the No Child Left Behind Act when procuring federal funding.Trending Stories
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