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October 03, 2007 | New York Law Journal

Newsbriefs

4 minute read
May 29, 2003 | New York Law Journal

Health Law

12 minute read
October 20, 2009 | New York Law Journal

Trial Advocacy

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and an adjunct professor at Hofstra University School of Law and Cardozo Law School, and Evan Torgan, a member of Torgan & Cooper, write: Some trial lawyers will argue that admitting a weakness is a bad decision, that the jurors will view the confession as a self-serving event. Since the trial lawyer will never admit that he should lose the case, the jurors will be skeptical and cynical of the attempt to enhance credibility by admitting a weakness. We disagree. By volunteering a weakness, you will be in a position to have the jurors conclude that you, as an advocate, have gone out of your way to present the whole picture to them and not just the favorable parts of your case. Few things have the potential to hurt more than concealing a weakness that should have been disclosed.
11 minute read
June 02, 2009 | New York Law Journal

Making Room for Rooftop Wireless Antennas in New York

David E. Bronston, a member of Cozen O'Connor, and Paul J. Proulx, an associate at the firm, write: While seemingly everyone utilizes a wireless telephone in one way or another, the infrastructure necessary to support such services, like most types of infrastructure, is often subject to a "Not in My Backyard" reaction. In the case of wireless roof antenna installations, local reaction is most aptly described in the words used by Supreme Court Justice Alan D. Scheinkman, who, in a recent Westchester County decision, characterized the case before him as a "Not on My Roof" dispute.
9 minute read
September 25, 2007 | New York Law Journal

Filing Proofs of Claim in Bankruptcy Cases - A Primer

Scott I. Davidson, of counsel at Kaye Scholer, writes that while the preparation and filing of proofs of claim is ordinarily a straight-forward process, there are certain pitfalls that must be avoided to ensure that a client's claim is adequately and appropriately preserved in a bankruptcy case. By doing so, the only issues that should remain are the substantive bases for the allowance of the claim, which will rise and fall based on the unique facts of the debtor-creditor relationship.
13 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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September 10, 2009 | New York Law Journal

Elder Law

Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that the demographic imperative of the aging population is having a profound effect upon many diverse areas of the law. Caregiving, he notes, is an example of an elder law topic that is now being recognized by other lawyers, with an estimated 1.4 million nursing home residents and six million elderly receiving care at home.
7 minute read
September 17, 2003 | New York Law Journal

Ideas Abound for Improving the System of Electing Judges

6 minute read
October 03, 2012 | New York Law Journal

Real Estate Workouts - Excess Nonrecourse Partnership Debt

In his Real Estate Securities column, Peter M. Fass, a partner at Proskauer Rose, continues a discussion of the tax consequences of restructuring a troubled loan secured by real estate, where the owner is a partnership, with a review of a recent IRS revenue ruling which addresses guidance on cancellation of indebtedness income in the partnership context.
11 minute read
August 02, 2013 | New York Law Journal

Medical Literature as Evidence: A Missed Opportunity

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes: New York is in a distinct minority of jurisdictions in which published medical literature is usable on cross-examination only if the opposing expert concedes it is authoritative. Given the desire of each party to introduce supporting literature and the opposing party's reluctance to have it admitted, a curious scenario has been created in which the vast majority of experts in New York prefer to deny that anything is authoritative.
9 minute read
July 11, 2002 | New York Law Journal

Judge Upholds Detention Of Grand Jury Witnesses

By Mark Hamblett IT DID NOT take long for a split to develop over the constitutionality of a critical tool for investigators probing the Sept. 11 terror attacks the detention of potential grand jury witnesses under the federal material witness statute.
5 minute read

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