Capping Landlords' Lease Rejection Damage Claims
Douglas P. Bartner, a partner at Shearman & Sterling, Ned S. Schodek, a senior associate, and Ryan C. Knutson, an associate with the firm, explore the applicability of §502(b)(6) of the Bankruptcy Code, which caps claims asserted by a landlord against a debtor tenant's estate, to landlord guaranty claims.Southern District Civil Practice Roundup
Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, analyze recent cases which indicate that Southern District judges have heeded the Second Circuit's directive to engage in a more probing, robust analysis of the requirements for certifying a class under Rule 23. It is likely that at least in the short run, these rulings will result in more, rather than less litigation as class-action participants engage in a legal tug of war to pull their cases over the dividing line between cases that turn on individualized questions and those where classwide determinations will predominate. In the long run, this heightened supervision of class litigation may result in greater efficiencies for both sides of the class action divide.Demise of Dewey Leaves Some Groups Scrambling for Pro Bono Counsel
Although other law firm collapses have left organizations scrambling to reassign pro bono work, Dewey's disappearance has struck a particularly significant blow given the extent of its contributions. In 2011, The American Lawyer ranked the firm fifth among the nation's largest law firms for its commitment to pro bono.It's Time to End The 30-Day Preclusion Rule
Evan H. Krinick of Rivkin Radler discusses how the existing statutory provision requiring the payment of interest is a strong incentive for insurers to pay valid claims timely whereas the 30-day rule currently is not.NYU Law Hosts Conference On Intelligence Sharing
Seventeen men privy to state secrets in Europe and America gathered at New York University School of Law recently for a hush-hush conference of a sort never held anywhere else in the world. There was a single item on the agenda: Formation of an international coalition willing to share information to combat world terrorism.Ex-Sullivan & Cromwell Partner Admits Failing to Pay $2.8 Million in Taxes
John J. O'Brien, 48, a mergers and acquisitions specialist who left Sullivan & Cromwell in 2009, pleaded guilty to four misdemeanors before Southern District Magistrate Judge Henry B. Pitman, conceding he failed to pay taxes in 2005 and 2007, and failed to file income tax returns in 2004 and 2006. Mr. O'Brien's voice shook as he allocuted for the court and said, "I plead guilty, your honor." Mr. O'Brien's range under the advisory U.S. Sentencing Guidelines is three years and one month to three years and 10 months.Jury May Decide if Christian Chaplain Was 'Deliberately Indifferent' to Muslim Rights
Nassau Insurance Discovery Rulings Diverge
MINEOLA Two Nassau Supreme Court justices have reached opposite conclusions regarding an insurance law discovery rule unsettled in the Second Department.State Statute Does Not Cover Securities Deception, U.S. Judge Concludes
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