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.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 jCirillohedyyyyyy 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?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.Homeless Man's Challenge To Code Rebuffed by Circuit
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.Defense Lawyer Is Target Of Prosecutors' Charges
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