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April 18, 2022 | New York Law Journal

The Psychotherapist Privilege Applies to Nonverbal Communications

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood analyze the holding in 'United States v. Ray', in which Judge Liman recently addressed the application of the psychotherapist privilege to nonverbal communications. Although 'Ray' is a criminal case, its holdings apply equally to civil actions.
9 minute read
April 13, 2022 | New York Law Journal

License to Pill: SCOTUS Confronts Doctors' Good Faith Defense To Unlawful Distribution of Controlled Substances

If a doctor prescribing controlled substances believes, mistakenly, that he or she is acting within the usual course of professional practice, that sounds like medical malpractice, but is it also a felony?
12 minute read
March 21, 2022 | Supreme Court Brief

At the Lectern: Harvard Law Grads and First Timers Dominate | Kagan & Stare Decisis

The first week of the March argument sitting only has four arguments scheduled, but 13 lawyers will participate.
6 minute read
March 16, 2022 | New York Law Journal

Judge Jackson and the Act-of-Production Doctrine

Although Judge Jackson's advocacy in 'Ponds' does not necessarily foreshadow where she will land on cases that will come before the nation's highest court, her thoughtful approach to the complex constitutional issues presented in 'Ponds' supports the view that criminal defendants of all stripes should welcome her appointment.
9 minute read
March 03, 2022 | New York Law Journal

Bad Intentions Are Not Enough: Second Circuit Reverses LIBOR Convictions in 'U.S. v. Connolly'

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack first summarize the facts underlying the 'Connolly' prosecution and then describe the detailed reasoning of the Second Circuit. They conclude by touching on several important takeaways from the holding—above all, that the decision draws attention to the limits of the mail/wire fraud statutes.
11 minute read
February 14, 2022 | New York Law Journal

Imputing the In-Forum Contacts of a Predecessor Entity to Its Successor

Under settled Second Circuit law, a court may impute to a successor the in-forum contacts of its predecessor when the successor acquired the predecessor's liabilities through a merger or its equivalent. In 'Suez Water New York v. E.I. du Pont de Nemours & Co.', Southern District Judge Lewis J. Liman recently addressed the related question of whether the in-forum contacts of a predecessor can be imputed to its successor in a non-merger context.
9 minute read
February 09, 2022 | New York Law Journal

D.A. Alvin Bragg Sets Out White-Collar Crime Priorities

This article provides a summary of how Manhattan's newly-elected prosecutor described his vision for addressing white-collar crime.
13 minute read
January 31, 2022 | New York Law Journal

Ex-Manhattan DA Vance Joins Baker McKenzie as Partner

Cyrus R. Vance Jr. will lead the cybersecurity practice at the global firm.
4 minute read
January 31, 2022 | International Edition

Ex-Manhattan DA Vance Joins Baker McKenzie As Partner

Cyrus R. Vance Jr. will lead the cybersecurity practice at the global firm. Under his leadership in the powerful role of Manhattan District Attorney, his office collaborated with the City of London Police and other offices, including the Paris Prosecutors' Office, Singapore Attorney General, Europol and Interpol, in prosecuting crimes.
4 minute read
January 20, 2022 | New York Law Journal

The SEC's Rulemaking Process: Long-Haul or Short-Cut?

This article: describes the SEC's authority to issue rules under the Securities Exchange Act of 1934 and the additional requirements for rulemaking under the Administrative Procedure Act; considers a professor's recent proposal of a "fairness" short-cut around the traditional "economic" or quantitative component of the SEC rulemaking process; and describes the exacting analytical process that has been required by courts to date in cases of SEC rulemaking.
13 minute read

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