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May 01, 2009 | New York Law Journal

Arbitration

Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that the U.S. Supreme Court held that a federal court must "look through" a petition to compel arbitration under Section 4 of the Federal Arbitration Act2 to determine whether the court would have federal question jurisdiction over the underlying controversy. The Court also held, they say, that, for a federal court to have jurisdiction, the initial complaint, not any anticipation of a federal defense or a federal counterclaim, must establish a basis for federal jurisdiction.
8 minute read
September 05, 2006 | New York Law Journal

Disloyal Employees

Peter J. Pizzi, chair of Connell Foley's Internet and information law practice, writes that most courts have interpreted the Computer Fraud and Abuse Act, which offers injunctive relief and damages when a former employee "without authorization" has accessed a company's network in order to abscond with proprietary information, to include departing employees. Recently, a district court has gone against this precedent.
12 minute read
July 20, 2012 | New York Law Journal

Parsing Recent Precedent, Panel Declines to Apply Gravity Liability

The force-of-gravity ruling is apparently the first extended analysis of a 2011 Court of Appeals precedent that allowed recovery in some instances where the falling object and injured worker are on the same level.
4 minute read
April 16, 2002 | New York Law Journal

Employee Benefits Carry Potential Liability

HE TYPICAL buyer and its legal counsel may suffer great angst when they are unsure of their potential exposure to unfunded pension plan liability, multi-employer plan withdrawal obligations, unfunded retiree health costs and runaway "golden parachute" payments. This article will briefly discuss the potential liability exposure in respect of defined benefit pension plans, union (or collectively bargained) multi-employer plans, retiree health benefit plans and "golden parachute" severance arrangements (includ
12 minute read
December 20, 2012 | New York Law Journal

Parent Has No Right to Counsel at Evaluation By Psychologist in Custody Dispute, Judge Says

A parent in a contested custody battle has no right to counsel at a court-ordered psychological assessment, even if it is common practice, according to an upstate judge who would shift the burden of proof from the mental health professional to the attorney.
5 minute read
July 03, 2006 | New York Law Journal

Pro Bono Digest

William J. Dean, executive director of Volunteers of Legal Service, writes that there are many frail and fragile people who live in New York City, people who are at risk if sued in proceedings in the Housing Part of the Civil Court of the City of New York for nonpayment of rent or for alleged acts that could jeopardize their tenancies. A valuable pro bono role can be performed by lawyers through service as a guardian ad litem.
10 minute read
March 06, 2012 | New York Law Journal

The Perils and Possibilities of the Joint Defense Agreement

In their Internal Investigations column, Michael B. Mukasey, the former U.S. attorney general and a partner at Debevoise & Plimpton, and Andrew J. Ceresney, a partner at the firm, consider: When and how should a corporation facing investigation coordinate legal strategy and cooperate with its own employees and their counsel?
14 minute read
October 11, 2011 | New York Law Journal

Despite Request of Both Parties, Judge Decides Her Order Will Stand

A Manhattan judge has refused to vacate an order on the scope of claims in an asbestos insurance dispute even though both parties have agreed that the order should be vacated as part of a settlement.
4 minute read

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