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FEATURED
Split Panel Supports Trial Judge In His Use of 'Ultimate' Sanction
A divided appeals panel has backed the decision of an exasperated trial judge who threw an attorney and her former employer out of court after both parties "willfully" disobeyed discovery orders in spite of repeated warnings and sanctions. In an unsigned opinion, three justices of the Appellate Division, First Department, held that then-Supreme Court Justice Rolando T. Acosta of Manhattan had acted within his discretion when he dismissed the complaint of Arts4All, Ltd., and the counterclaims of Judith L. Hancock nearly a year after warning both sides that he had reached the limit of his patience for the first time in "eight years as a judge."
DECISION OF THE DAY
Price, plaintiffs-appellants v. The New York State Board of Elections, defendants-appellees
U.S. COURT OF APPEALS, SECOND CIRCUIT
Election Law
Free With Registration: New York State Law Barring Absentee Ballots For County Committee Elections Is Unconstitutional
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FEATURED COLUMNISTS
New York State E-Discovery Law
Thursday, August 28, 2008
Mark A. Berman, a partner at Ganfer & Shore, writes that the electronic age has changed the nature of the tort of defamation in that one can now more easily defame another without having to reveal one's identity. While previously, unsigned, defamatory statements often were circulated to a limited audience, now anonymous defamatory communications, with the touch of a button, can be sent instantly via e-mail to multiple recipients or osted in a blog read by thousands.
More Featured Columnists...THE BACK PAGE
Free With Registration: Humans Rights Group Enlists Firms to Monitor War Crimes
Friday, August 22, 2008
With only four lawyers besides herself to monitor and analyze jurisprudence and courtroom policy in historic trials of dictators accused of monstrous crimes, Elise Keppler called for help at two large Manhattan law firms whose volunteer attorneys now occupy seats on a stage the whole world is watching. Ms. Keppler, senior counsel for the International Justice Program at Human Rights Watch, forged pro bono partnerships - first with Weil, Gotshal & Manges in early 2007, then with Stroock & Stroock & Lavan in January - in the cause of justice through the International Criminal Court at The Hague.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Free With Registration: Reasonable Expectations of Privacy Expand
Tuesday, August 26, 2008
H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that over the last decade, courts have continually re-examined the extent to which employees have a reasonable expectation of privacy when using office equipment for personal reasons. The recent decision in Quon v. Arch Wireless Operating Co. Inc., where the Ninth Circuit considered whether a public employee may prevent his employer from reading text messages sent from an office pager but stored on an independent service provider's computer network, demonstrates the fragility of judicial consensus on this subject.
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OUTSIDE COUNSEL
Legal Malpractice: Process Servers, Referral of Cases
Thursday, August 28, 2008
Demi Sophocleous, a partner at Morrison Mahoney, writes that while many acts during the routine course of litigation practice are taken with little consideration to the malpractice implications, the case law in New York suggests that greater care and oversight should be taken by the litigation practitioner when process servers or referrals are concerned.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Series LLCs
Wednesday, August 27, 2008
Ezra Dyckman, a member of Roberts & Holland, and Seth Hagen, an associate at the firm, write that despite the benefits offered by using a Series LLC, thus far, their use in the real estate industry has been scarce. A major factor contributing to the disuse of the Series LLC has been the uncertainty for federal tax purposes as to how the entity will be treated--as one entity or several. Although the question has not yet been firmly settled, the IRS recently published a private letter ruling providing guidance on this issue.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Distressed Mergers and Acquisitions
Thursday, August 28, 2008
Corinne Ball and Chip MacDonald, partners at Jones Day, writye that the closure of Metropolitan Savings Bank on Feb. 2, 2007 ended the unprecedented two-and-a-half year period without a U.S. bank failure. This failure was followed by another two failures in 2007 and eight additional failures through Aug. 14, 2008, including the recent collapse of IndyMac Bancorp, which is expected to be the costliest bank collapse in U.S. history. While analysts do not anticipate bank failures at the levels seen in the early 1990s, some predict that another 300 banks could collapse in the next three years. The opportunity for a distressed investor commences well before a bank's seizure by the FDIC. There may be advantages to acting in the early stages of developing distress at a bank, regardless of whether it survives or fails.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Litigation
August 25, 2008
In this Special Section from the New York Law Journal: "One Year Post-'Twombly,' Trends Emerge," "Liable Until Proven Innocent" and "Taking Soured M&A Deals to Court."
Free: Also, in the highlighted article from this section,
PSLRA Meets the Exchange Act
Gregg L. Weiner, a partner with Fried, Frank, Harris, Shriver & Jacobson, and Julie E. Kamps, an associate with the firm, analyze a recent federal appellate ruling that addressed the intersection of The Private Securities Litigation Reform Act's proportionate liability rules with §20(a) control person claims under the Securities Exchange Act of 1934.
New York State Land Title Trends
August 25, 2008
In this Special Section from the New York Law Journal: "A New Perspective On Foreclosures in Title," "Preserving History With Façade Easements" and "Title Company Escrows Save Closings in Trouble."
Free: Also, in the highlighted article from this section,
10 Things To Know About The Residential Contract
Peter Brogan, chief counsel with The Judicial Title Insurance Agency, discusses provisions found in the November 2000 New York state residential real estate contract that attorneys don't usually focus on, or may have entirely overlooked, including the alternative notice provisions sprinkled throughout the contract, the mortgage commitment contingency and alternate financing mechanisms.
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- Newsbriefs
August 26, 2008 - Free: Newsbriefs
August 25, 2008 - Free With Registration: Defamation Suit Proceeds Against Liotti
August 26, 2008 - Single Father Files Writ, Wins Custody Of Daughter
August 25, 2008 - Free With Registration: Though Often Unanimous, Independent Voices Emerge
August 25, 2008
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