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Comparing and Contrasting U.S. and Chinese Environmental Law
In November, eight American environmental lawyers participated in an environmental law study tour of China and teach Chinese practitioners about U.S. law.1 This column describes several Chinese legal tools, and compares them to their American counterparts.Judges Allow Testimony of Prior Killing to Rebut Extreme Emotional Claim
Revisiting one of its best-known precedents, the 1901 ruling in 'People v. Molineux,' the Court of Appeals has held that "where a defendant puts an affirmative fact - such as a claim regarding his/her state of mind - in issue, evidence of other uncharged crimes or prior bad acts may be admitted to rebut such a fact."Year of departing partners for Bingham McCutchen
There are a lot of empty offices at Bingham McCutchen these days. At least 16 partners have departed this year, including several practice leaders and firm managers. Some former partners say they've simply seized a better opportunity, but many cite poor integration of past mergers, a top-down management style stemming from chairman Jay Zimmerman and the firm's expectation for partners to "rubberstamp" decisions made by senior firm management.ADR Is Focus Of Pace Law Environmental Seminar
A daylong seminar next month at the New York City Bar Association intends to define and formulate a new frontier of environmental law, applying principles of alternative dispute resolution to what Professor John R. Nolon of Pace Law School calls "novel, quickly emerging and very serious conflicts in the environmental world, such as climate change, where we haven't got statutory rights or regulatory decisions that apply."Enron Task Force Racks Up 5 Convictions
Enron Task Force prosecutors prevailed against five defendants and lost to one in their first attempt to persuade a jury to convict criminally former employees and bankers for the infamous Houston energy company.Tyco: When Does a Corporate Probe Become State Action?
On Oct. 16, the New York Court of Appeals affirmed the convictions of former Tyco executives Dennis Kozlowski and Mark Swartz, who may now theoretically challenge their convictions in federal court by seeking habeas review. Regardless of the fate of these two individuals, the opinion may have created more issues than it resolved. Its construction of a civil procedure discovery statute in the context of a criminal prosecution may well have opened up a Sixth Amendment Pandora's box.Are Your Employees Fair Game for the Recruiter You Hire?
As the competition for qualified personnel becomes more intense, employers often retain recruiters or search firms to help find and recruit new employees. Companies may not realize, however, that the recruiters assisting them may also turn around and place their own employees with someone else. Carter Ledyard & Milburn partner Jeffrey S. Boxer notes that such behavior is possible due to the lack of common law and industry restrictions. But a solid contract can still help employers hold onto their people.Trending Stories
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