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October 14, 2009 | New York Law Journal

Search of Bag Outside Suspect's Reach Ruled Justified

4 minute read
March 05, 2013 | New York Law Journal

Developments in Prosecutorial Immunity

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, writes: The distinction between advocacy, for which prosecutors are protected by absolute immunity, and administrative/investigative functions, which receive qualified immunity, is not always all that clear. The lower federal courts are faced with unraveling this dichotomy on an ongoing basis, and it is the subject of important recent circuit court decisions.
15 minute read
April 11, 2003 | New York Law Journal

In the Spin(off) Cycle

5 minute read
March 26, 2009 | New York Law Journal

Securities Class Actions

Samuel H. Rudman, a partner at Coughlin Stoia Geller Rudman & Robbins, writes that a recent Second Circuit decision has received significant attention from law firms that typically represent defendants in federal securities litigation, many of whom have authored articles arguing that decision heightens the pleading standards for cases brought under �10(b). A more thorough consideration of the decision, he says, makes clear that the case is consistent with existing precedent and reaffirms the factual nature of materiality determinations, which are generally not appropriate for consideration on a motion to dismiss.
11 minute read
December 15, 2003 | New York Law Journal

Associate Writes Book After Attempting Suicide

One Saturday night in July 2002, Ben Kerschberg decided the lawyer's life was not for him. The 30-year-old drank nine cans of Miller Genuine Draft, swallowed 96 Sominex and 100 Klonopin, and went to sleep. Amazingly, he did not die.
4 minute read
March 17, 2009 | New York Law Journal

Narrow Application Ordered For Patient-Therapist Privilege

5 minute read
April 09, 2004 | New York Law Journal

New Manual's Mission Is To Keep Campuses Diverse

On the one-year anniversary last Thursday of oral arguments before the U.S. Supreme Court in the University of Michigan affirmative action cases, the California-based Equal Justice Society released a final draft of its legal guide for college and law school administrators in the creation and review of race-conscious admissions policies.
5 minute read
January 25, 2010 | New York Law Journal

The New Expatriation Tax Regime

Jeffrey B. Kolodny, a partner at Phillips Nizer, and Rachel E. Small, an associate at the firm, discuss recent changes to the tax rules applicable to U.S. citizens and lawful permanent residents who expatriate that may make cutting ties with the United States significantly more costly. For some, it may not be worth giving up the benefits and protections of citizenship or residency given the tax costs of leaving and the possibility of transferring assets to U.S. family members in the future.
13 minute read
June 15, 2009 | New York Law Journal

Virtual Contacts and Personal Jurisdiction

Robert S. Friedman, a partner at Kelley Drye & Warren, and Mark E. McGrath, a senior associate at the firm, discuss recent decisions involving personal jurisdiction and electronic contacts, along with how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.
17 minute read
September 19, 2008 | New York Law Journal

Circuit Finds Alterations May Open Resort to Disabilities Act

5 minute read

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