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September 26, 2012 | New York Law Journal

Ninth Circuit Rejects Alaskan Village's Bid for Damages Over Eroding Coastline

The U.S. Court of Appeals for the Ninth Circuit on Sept. 21 found that the village of Kivalina could not recover money damages from ExxonMobil Corp., BP America Inc., Chevron Corp. and other energy companies for greenhouse gas emissions the plaintiffs said threaten the destruction of their coastal homes.
3 minute read
July 25, 2002 | New York Law Journal

Assessing Impact of the `Festo` Cases

OME LANDMARK decisions are recognized as having drastically changed the practice of patent law. One such Supreme Court decision is Markman v. Westview Instruments, Inc ., 1 which led to a pre-trial claim interpretation hearing, known as the Markman hearing, becoming part of most patent infringement suits. The recent Supreme Court and Federal Circuit decisions in Festo Corp. v. Shoketsu Kizoku Kogyo Kabushiki Co., Ltd ., 2 are likely to have a similar impact on the practice of patent law. In fact, the Federa
15 minute read
May 01, 2002 | New York Law Journal

Businesses See Problems After Sept. 11

ALTHOUGH Seth Pehr, a locksmith in the World Trade Center, survived the events of Sept. 11, his business did not. Except for a few things he was able to retrieve, the entire contents of his 26-year-old shop were demolished and now reside in the Fresh Kills landfill, indistinguishable from the detritus of the hundreds of other businesses that were once located in the ill-fated complex.
7 minute read
October 25, 2012 | New York Law Journal

Is Mediation Confidential in New York?

Richard S. Weil, a mediator, writes that mediation agreements that spell out what is confidential and how it is protected are the best approach; court rules are generally less comprehensive; and both are subject to court interpretations and applications.
13 minute read
May 05, 2010 | New York Law Journal

DHCR Clarifies Ruling; Bill Suggests Relief to Landlords

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: As the dust continues to settle, some of these questions raised in Roberts v. Tishman Speyer Properties are now being answered. Indeed, the state Division of Housing and Community Renewal has issued two clarifying rulings in recent weeks. In addition, proposed legislation would allow landlords to avoid the consequences of Roberts by refunding past J-51 benefits and waiving future benefits.
9 minute read
October 21, 2005 | New York Law Journal

Money Matters

Clarence G. Kehoe, a partner at the accounting firm of Anchin, Block & Anchin, writes that although the media's financial coverage can make it seem as though stocks are the only type of worthwhile investment available, fixed income securities, or bonds, have a place in your portfolio as well. He discusses the basics of bonds, including risk factors, tax implications, bond-based mutual funds, call provisions and zero coupon bonds.
7 minute read
February 13, 2009 | New York Law Journal

Newsbriefs

8 minute read
March 07, 2003 | New York Law Journal

8 minute read
August 04, 2006 | New York Law Journal

Newsbriefs

4 minute read
December 14, 2009 | New York Law Journal

Discovery of Phone, Laptop Records Permitted in Lawsuit

An upstate appeals court has ordered cell phone records and the wireless air card from a laptop computer to be examined during discovery in suits filed by two automobile passengers injured when their vehicle was hit by a driver they contend may have been distracted by his electronic communications devices. Rejecting right-to-privacy arguments, the unanimous Appellate Division, Third Department, panel cited the tradition of courts "liberally" construing discovery statutes when ordering an examination of the devices held by drivers in accidents.
5 minute read