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FEATURED
Free With Registration: U.S. Steps Up Efforts to Convince Court Madoff Should Be Jailed
Assistant U.S. Attorney Marc Litt argued yesterday that Bernard Madoff, who has been out on bail since his arrest Dec. 11, cannot be trusted with assets that could be used to compensate victims of his gigantic fraud and is a genuine risk to flee the country. Those arguments came in a letter brief to Southern District Magistrate Judge Ronald Ellis, who is being asked to revoke Mr. Madoff's bail after he and his wife Ruth mailed more than $1 million in jewelry to family and friends in late December.
DECISION OF THE DAY
United States, appellee v. Michael Spinelli defendant-appellant
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Free With Registration: Prosecutor Improperly Vouched for Witnesses But Evidence of Guilt 'Powerful', Corroborated
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FEATURED COLUMNISTS
Free With Registration: Bankruptcy Practice
Thursday, January 8, 2009
John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, writes: Given the widespread nature of weakness pervading the U.S. economy, the trend of increased bankruptcy filings is likely to continue into 2009 as the disruptions in the credit markets strike at the core of corporate America. As we look ahead to the coming year, it is instructive to review the important bankruptcy decisions of 2008. As bankruptcy filings continue to increase, these decisions may have important ramifications on a variety of issues.
Matrimonial Practice
Thursday, January 8, 2009
Timothy M. Tippins, an adjunct professor of law at Albany Law School, writes that attorneys sometimes hope to enlist a testimonial expert into "double duty," especially when financial resources are limited. For example, the practitioner might consider asking the testimonial expert to assist in preparing questions to be used in the cross-examination of an opposing expert or to assist in formulating overall trial strategy. Though perhaps appealing at first blush, this temptation is to be resisted.
More Featured Columnists...THE BACK PAGE
Free With Registration: From the Suites to the Streets
Friday, December 19, 2008
A small but potentially broader solution to budget cuts plaguing the Legal Aid Society's criminal defense division has been found in a new, unusual externship program involving mid-level litigation associates from private firms. As the economy began to crumble in October, Legal Aid officials dusted off a six-month pilot project quietly conducted last year and signed up nine associates from private firms, all of whom are involved in varying degrees in white-collar criminal defense. They were put to work under Irwin Shaw, attorney-in-charge of the Legal Aid's Manhattan office of criminal practice.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Internet Issues
Tuesday, January 6, 2009
Shari Claire Lewis, a partner at Rivkin Radler, writes: Although New York has long required consumers to pay sales or use taxes when purchasing goods from out-of-state sellers, a law enacted last spring switched the onus to remit taxes to the state from the individual purchaser to the out-of-state retailer, who now must register as a New York "vendor" when certain criteria are met. The law is being challenged in court, however, and, now that the holiday rush has passed, the focus can turn not just to whether the law is legally enforceable, but also to whether it properly balances the interests of increased tax revenue with the needs for a robust retail presence in New York.
TOP STORIES
- Circuit Sets 'High Hurdle' To Alter Fees in Bankruptcy
- N.Y. Gun Laws Are Weathering Post-'Heller' Challenges
- Paterson Supports Reform of Drug Statutes and Expanded Treatment
- Arbitron Settles Suits With New York and New Jersey Over Undercounting of Minorities
- Free With Registration: Obituary: Judge John T. Elfvin
- Newsbriefs
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
U.N.'s New Compensation Treaty: Should United States Ratify It?
Wednesday, January 7, 2009
David T. Maloof, senior partner at Maloof Browne & Eagan, writes that it is widely hoped that the passage of the "Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea," recently adopted by the U.N. General Assembly, will at a minimum act as a wake up call and stimulate the U.S. Congress to update its own shipping compensation statute, which, at over 70 years old, has been widely criticized for its inability to account for modern developments and still applies the outdated $500 per-package limitation.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Rulings Hand Big Victory To Conversion Sponsors
Wednesday, January 7, 2009
Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review two recent decisions from the Appellate Term, First Department, that held that unregulated tenants were not entitled to purchase their units, or remain in occupancy, where the sponsor/landlord had already commenced lease expiration holdover proceedings against them prior to the date the attorney general had accepted condominium offering plans for filing.
More from Real Estate Trends...CORPORATE UPDATE
Employment Law Issues
Thursday, January 8, 2009
Philip M. Berkowitz, a partner at Nixon Peabody, writes: Your corporate client is sued for alleged discrimination by a former employee. In the course of discovery, you identify to your adversary certain current and former employees as witnesses. After determining there are no conflicts of interests between your client and the individuals, and your client is indeed willing to fund your firm's representation of them, you contact them, informing them that they may need to testify, and that, if they wish, your firm will represent their interests at no cost to them. What's wrong with this picture?
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Litigation
Monday, January 5, 2009
In this Special Section from the New York Law Journal: "Subprime Crisis," "Credit Ratings Agencies Under the Microscope" and "Credit Default Swaps."
Also, in the highlighted article from this section,
Free With Registration: Financial Meltdown Triggers Litigation Wave
Thomas J. Hall and Thomas J. McCormack, partners at Chadbourne & Parke, write: We live in turbulent financial times - a global recession, trillions of dollars of equity market losses, gaping holes in pension plans and personal retirement accounts, massive job layoffs, a worldwide credit market collapse, unprecedented home mortgage default rates and booming home foreclosures. In this environment, it is not surprising that the litigation train has already left the station and is gathering steam as it proceeds down a multi-year track.
More Special Reports and Magazines...
MOST VIEWED ON NYLJ
- Newsbriefs
January 06, 2009 - Obama Turns to Well-Known Players to Fill Four Key Justice Department Positions
January 06, 2009 - Dozens of Public Interest Groups Hit Hard by Collapse of Madoff Investment Funds
January 05, 2009 - Prosecutor Improperly Vouched For Her Witnesses, Circuit Finds
January 05, 2009 - Free With Registration: Brother and Sister Drawn to Family Court Bench
January 05, 2009
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