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February 06, 2007 | New York Law Journal

'Tough, but Fair'

10 minute read
December 10, 2009 | New York Law Journal

Examining the SEC's Role In Returning Funds to Investors

Joshua E. Levine, director and counsel with Citigroup Global Markets Inc., and Gerald J. Russello, of counsel at Bingham McCutchen, write that the problems presented by a recent case in the Southern District, deriving in part from the tension between what the securities laws allow the SEC to pursue and what the public perception is of what the SEC should be pursuing, are unlikely to abate anytime soon in the post-Madoff era. The SEC, they say, has recognized the need for a more formal structure to oversee Fair Funds distributions.
9 minute read
June 27, 2002 | New York Law Journal

Takings in `Tahoe`: U.S. Supreme Court Veers to the Center

ON APRIL 23, 2002, the U.S. Supreme Court upheld the constitutionality of a 32-month moratorium on development around Lake Tahoe pending establishment of a comprehensive regional land use plan. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency . 1 Hailed in some quarters as a "giant step backwards," 2 and in others as "the best news from the Court on takings in 20 years," 3 Tahoe resolved a substantial question that had been looming over the direction of the Supreme Court`s takings j
16 minute read
November 15, 2011 | New York Law Journal

Disclosures of Intervention to Support ARS Market Defeat Claim That Merrill Sent False Pricing Signal

Against the opinion of the Securities and Exchange Commission, the circuit said that disclosures made by Merrill, partly to comply with a previous settlement with the SEC, put investors on notice that Merrill sometimes, but not always, placed bids to ensure the market for the securities would not fail.
5 minute read
February 01, 2002 | New York Law Journal

Cirillohedyyyyyy Cirillo hedyyyyyy

HE RECENT decisions in Total Containment, Inc. v. Dayco Products, Inc. 1 and Trouble v. The Wet Seal, Inc. 2 oblige us to reflect on the following question: Have 20 years of intense jurisprudence had any real effect on the standards for admissibility of nonscientific expert testimony in litigation?
13 minute read
June 16, 2011 | New York Law Journal

Court Finds It Lacks Power to Enforce 'No Contact' Rule

A district court lacks the power to impose measures to ensure federal prosecutors adhere to the "no-contact" rule in New York's Code of Professional Conduct in interviewing employees of a company under investigation, a federal judge has ruled. Eastern District Judge Sandra L. Townes also agreed that the court does not have the authority to decide a motion made by Amgen Inc. for a protective order that would ensure federal prosecutors comply with Rule 4.2.
5 minute read
August 23, 2005 | New York Law Journal

Newsbriefs

3 minute read
May 22, 2006 | New York Law Journal

Homeless Man's Challenge To Code Rebuffed by Circuit

5 minute read
November 24, 2008 | New York Law Journal

Courts Offer Flat Spending Plan As State Faces 'Grave' Economy

Chief Judge Judith S. Kaye has sent the state Legislature and Governor David A. Paterson a budget request that court administrators say both takes into account New York's financial straits and the courts' attempts to meet the added burdens the economic crisis will place on dockets. Taxpayer support for the courts would remain flat at $2.27 billion under the proposal for the 2009-10 fiscal year. Overall, when federal aid is included, the judiciary expects to spend approximately $2.5 billion, an increase of $2.3 million, or 0.1 percent.
7 minute read
March 16, 2005 | New York Law Journal

Defense Lawyer Is Target Of Prosecutors' Charges

6 minute read