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May 12, 2006 | New York Law Journal

Career Development

Mark R. Seiden, a partner at Jones Day, warns that a party who "escapes" a deposition relatively unscathed by the questions and unimpressed by the admissions solicited by the examiner is apt to become entrenched in his prelitigation positions, leaving a prompt settlement on favorable terms for the examining party unlikely.
6 minute read
November 02, 2010 | New York Law Journal

The Ethics of Social Networking Discovery

Mark A. Berman, a partner at Ganfer & Shore, writes that although a recent trial court decision makes it clear that a court may require a person to authorize a social networking site to produce both public and private postings that person has made, the use of social networking sites by attorneys or investigators as an investigative tool is not unfettered.
11 minute read
June 25, 2012 | New York Law Journal

A First-Anniversary Look at the Impact of 'Stern v. Marshall'

Thompson Hine's Barry Kazan and Jim Henderson write: In the year since 'Stern' was decided, courts have grappled with how broadly to read the decision while also addressing practical issues arising in bankruptcy cases. Courts finding that 'Stern' has a broad application focus on public/private rights analysis; courts with narrow interpretations focus on the conclusion of Roberts' opinion: "[T]he question presented here is a 'narrow' one...[and] does not change all that much."
14 minute read
August 16, 2006 | New York Law Journal

Strategic Considerations for Earn-out Provisions

George Zuber, a partner at Deloitte Financial Advisory Services, and Neal Barlia, a partner at Dickstein Shapiro Morin & Oshinsky,write that no one model earn-out provision is appropriate for all contracts � certainly no specific language can insure that no dispute will arise after the transaction closes. Nevertheless, careful consideration of the issues that commonly arise in earn-outs can help to reduce misunderstandings.
14 minute read
Law Journal Press | Digital Book New Jersey Business Litigation 2025 Authors: Paul A. Rowe, Andrea J. Sullivan View this Book

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May 05, 2008 | New York Law Journal

When All Efforts Fail to Retain Them, Unintentional Biases May Be at Work

Ellen Ostrow, a psychologist and founder of Lawyers Life Coach, writes that rates of associate attrition from the largest law firms in the United States are higher than ever, in spite of years of efforts to reduce them. Women and attorneys of color share with white male lawyers many reasons for leaving, however, diverse attorneys bump up against other cultural norms that have been part of law firm mores for so long that they appear to be professional requirements.
13 minute read
January 05, 2012 | New York Law Journal

Cuomo Proposes Expansion of DNA Database for All Crimes

The proposal - the elusive goal of several of Mr. Cuomo's predecessors - was the only criminal justice initiative in the governor's State of the State address. He made no mention of any other issues of substantial interest to the legal community.
7 minute read
February 09, 2005 | New York Law Journal

International Arbitration Law

Emmanuel Gaillard, a partner at Shearman & Sterling and a professor of law at Paris XII University, analyzes a proposal for reforms of an existing arbitration framework and the means that could be used to carry out such reforms.
13 minute read
April 16, 2003 | New York Law Journal

Securities Regulation

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

Law and Children

Andrew Schepard, a professor of law and director, Center for Children, Families and the Law, Hofstra University School of Law, asks whether divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so. The rules of professional responsibility say "no," but it is possible to imagine an alternative set of ethical rules that incorporates a child best-interests' perspective into the lawyer's representation while protecting confidentiality.
14 minute read

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