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June 23, 2006 | New York Law Journal

Environmental Law

Stephen L. Kass and Jean M. McCarroll, partners at Carter Ledyard & Milburn, review three Clean Water Act cases the U.S. Supreme Court recently decided, concentrating on a case where an operator of five dams in Maine argued that water passing momentarily through its dams but remaining in a single water body did not constitute a "discharge" under �401 of the Clean Water Act, and therefore did not require the operator to obtain a Water Quality Certification from the state.
14 minute read
September 07, 2011 | New York Law Journal

Personal Notes on Lawyers

3 minute read
May 05, 2004 | Law.com

Outside Counsel

In this week's Outside Counsel, David A. Corbett and Daniel J. Horwitz, partners at Carter Ledyard & Milburn, elaborate on the effects of the NASD's enactment of a new rule governing the expungement of customer dispute information.
11 minute read
February 05, 2008 | New York Law Journal

Newsbriefs

4 minute read
December 24, 2009 | New York Law Journal

International Environmental Law

Stephen L. Kass, a partner at Carter Ledyard & Milburn and an adjunct professor of international environmental law at Brooklyn Law School, writes: Representatives from 193 nations, the United Nations and several thousand NGOs descended on Copenhagen in early December to try to agree on a coordinated international strategy to limit global climate change and help the most vulnerable nations adapt to its now inevitable impacts. I attended the second week of the conference, eager to see whether, after 17 more years of climate science since the United Nations Framework Convention on Climate Change was first adopted, international negotiations, pressure from NGOs at home and abroad, and a more enlightened U.S. administration, the world was ready for effective long-term action on climate change. The answer at Copenhagen was: not yet, but almost.
11 minute read
March 11, 2013 | New York Law Journal

Enforcing 'Bad Boy' Guarantees in Nonrecourse Financings

James Gadsden, a partner at Carter Ledyard & Milburn, writes that since the Second Department rejected the guarantors' argument in 'G3-Purves Street v. Thomas Purves' that a bad boy guarantee was essentially a liquidated damages provision that imposed an unenforceable penalty, it now appears that New York courts will enforce nonrecourse carve outs against the guarantors, a welcome development for both lenders and borrowers in the commercial context.
13 minute read
June 24, 2004 | New York Law Journal

Picking Up the Tab for Corporate Defense

In April, as former Cendant Corporation chairman Walter Forbes went on trial for alleged accounting fraud, Cendant's law firm, Patterson, Belknap, Webb & Tyler, revealed that his legal bills had topped $1 million per month.
4 minute read
February 28, 2013 | New York Law Journal

Government Property Acquisition in Floodplains After Hurricane Sandy

In their Domestic Environmental Law column, Christine A. Fazio, a partner at at Carter Ledyard & Milburn, and Ethan I. Strell, a senior associate at the firm, write that FEMA's acquisition process is subject to environmental review under the National Environmental Policy Act, but the Sandy Recovery Improvement Act of 2013 adds a new provision for 'streamlined' environmental review procedures.
10 minute read
May 14, 2012 | New York Law Journal

'Lafler v. Cooper': Supreme Court Revolutionizes Habeas Corpus

Alan S. Lewis, a partner at Carter Ledyard & Milburn, writes that a recent U.S. Supreme Court ruling is likely to be a boon for a not insignificant class of habeas petitioners who can show that the challenged state court decision seems to misapply the pertinent standard will receive de novo review under the habeas statute's "contrary to" prong, and consequently, will be more likely to prevail in their quest for a writ of habeas corpus.
8 minute read
July 03, 2006 | National Law Journal

Autonomy becoming a luxury

There will always be a market for midsize firms that cater to midmarket clients. But firms that attempt to compete with national firms for business may well be fighting a losing battle, one that many of their partners are more than ready to concede.
13 minute read

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