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December 06, 2023 | Corporate Counsel

'Regulatory Tsunami' Eroding Legal Departments' Risk Preparedness

A survey released Wednesday found that chief legal officers and general counsel feel less prepared to handle all nine risk categories studied than they did a year earlier.
3 minute read
December 06, 2023 | Daily Report Online

'Nuclear Verdicts' Again Cited as Ga., Pa. Courts Tie for No. 1 Judicial Hellhole

Cook County, Illinois; California; New York City and South Carolina asbestos litigation ranked second through fifth.
5 minute read
December 06, 2023 | The Recorder

California Once Again Usurped as Top Judicial Hellhole

California landed lower on the American Tort Reform Association ranking
5 minute read
December 06, 2023 | The Legal Intelligencer

Recent Rulings, Verdicts Land Pa. Courts in Tie for No. 1 Judicial Hellhole

Attorneys in Pennsylvania were quick to criticize the report, with Alfred Carlson, president of the Philadelphia Trial Lawyers Association, saying "ATRF's suggestion that Pennsylvania and Philadelphia are judicial hellholes is an affront to the citizens of the Commonwealth and their elected officials."
5 minute read
December 06, 2023 | New York Law Journal

Why AFCs Should Not Be Appointed To Represent Non-Communicative Toddlers in Custody Disputes

Peter Galasso has previously argued to multiple jurists that AFCs should not be appointed to represent toddlers in child custody cases. Due to the absence of guidance from the Appellate Division, this argument has yet to gain traction in the minds of judges responsible for the appointment of AFCs for toddlers. To safeguard the integrity of the judiciary and to save our clients a substantial amount of money in the process, this misguided practice needs to end.
11 minute read
December 06, 2023 | The American Lawyer

Salt Lake Sees More Big Law Interest, as Spencer Fane Enters Through Merger

"We do not have a business plan or profit formula that requires the four-figure rates that some of the other firms entering that market are probably expecting," chair Pat Whalen said.
4 minute read
December 06, 2023 | New York Law Journal

Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules

The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
13 minute read
December 06, 2023 | New York Law Journal

The Imperative for New York To Adopt the 2022 Amendments to the UCC

Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.
8 minute read
December 06, 2023 | New York Law Journal

Judgment Lienholders Versus UCC Lienholders: Who Wins When It Comes to Cash?

Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Court of Appeals of Ohio in 'Wulco v. The O'Gara Group & Monroe Capital Partners Fund' involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor's bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a "transferee" under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.
12 minute read
December 06, 2023 | New York Law Journal

Thanksgiving Revelations From the New York Court of Appeals

In the quiet of the Thanksgiving week, the New York Court of Appeals delivered a blockbuster batch of decisions that herald a new day for constitutional claims presented by criminal defendants in New York. The 12 decisions released on Nov. 21 are the first significant group of rulings in criminal cases from the newly constituted Court of Appeals and signal a dramatic realignment of the court's seven judges.
10 minute read

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