FEATURED
Free With Registration: After $1 Million Shipment, U.S. Argues Madoff Should Be Jailed
Bernard Madoff is escorted by police yesterday from Manhattan federal court.
The decision by Bernard Madoff and his wife to ship jewelry and other valuables to family and friends may land him behind bars sooner rather than later. Assistant U.S. Attorney Marc Litt told a magistrate judge yesterday that the couple mailed in excess of $1 million in valuables late last month despite a court order requiring the accused mastermind of a multi-billion dollar Ponzi scheme not to dissipate assets.
DECISION OF THE DAY
Tom Rice Buick-Pontiac, GMC Truck Inc., plaintiffs
v. General Motors Corp., defendant-appellee
U.S. COURT OF APPEALS, SECOND CIRCUIT
Motor Vehicles
Auto Maker Meets N.Y. Veh. & Traf. Law §465 Duty By Paying Repair Claim Amount Sought by Dealer
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FEATURED COLUMNISTS
Free With Registration: White-Collar Crime
Tuesday, January 6, 2009
Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Recent press coverage of Governor Blagojevich's indictment has not lacked for comments from the U.S. Attorney, Patrick Fitzgerald. Among the statements made by Mr. Fitzgerald are references to the governor's conduct as a "political corruption crime spree [that] would make Lincoln roll over in his grave." Mr. Fitzgerald also has stated that "the breadth of corruption laid out in the[] charges is staggering," and has "taken us to a truly new low." Are media sound bites like these consistent with the sound administration of justice?
Appellate Practice
Tuesday, January 6, 2009
Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write: Although every unsuccessful litigant would like a second chance to present its case from the start - the "do-over" concept from the playground - this will not occur in the context of an appeal from an adverse jury verdict. This month, we examine some of the threshold issues that must be considered in analyzing the likelihood of a successful appeal, including preservation of error, standard of review and the harmless error doctrine.
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
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
Directors' Fiduciary Duty During the Credit Crunch
Tuesday, January 6, 2009
Tariq Mundiya, a partner at Willkie Farr & Gallagher, writes: Delaware court decisions from earlier last year rejecting stockholder challenges to the Activision-Vivendi Games and the BEA Systems-Oracle transactions signaled that, because of marketplace disruptions, courts were increasingly reluctant to interfere with the completion of deals, particularly where there were no other viable bidders. The three decisions in Merrill Lynch, Bear Stearns, and Wachovia confirm, however, that courts will nonetheless actively scrutinize quickly made decisions under well-established principles before giving target directors the benefit of the business judgment rule.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Entertainment of Settlement Could Backfire on Lender
Wednesday, December 31, 2008
Bruce J. Bergman, a partner with Berkman, Henoch, Perterson & Peddy, writes that mortgage servicers typically welcome helpful settlements as an alternative to foreclosures and their attorneys would encourage the approach. All this noted, he asks: Could it be that pursuit or entertainment of settlement could backfire and defeat a lender's ability to enforce the mortgage? The answer is yes, he says, and a new case highlights the point.
More from Real Estate Trends...CORPORATE UPDATE
Taxation
Thursday, December 18, 2008
Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that income earned under any "nonqualified deferred compensation plan" must be reported when it is no longer subject to a "substantial risk of forfeiture," even though not yet received, and is subject to a penalty tax and a penalty interest charge, unless the plan: requires that distributions may be made only at a pre-specified time or upon the occurrence of certain events, such as separation from service, disability, or a change of control of the employer; precludes the acceleration of payments under most circumstances; and requires that any "deferral election" be made only at prescribed times.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Free: Kaye's Legacy
Monday, December 15, 2008
The deluge of praise and accolades pouring in from every corner of the legal community on Judge Kaye's retirement, while often deserved, runs the risk of creating an icon. But the picture that emerges from our reporting, the essays and conversations with hundreds of members of the legal community is one neither of saint nor icon. Rather, it is of a remarkable woman and lawyer with a vision of the future who used her formidable talents to improve the professional lives of her bench and bar colleagues, as well as the private lives of litigants and ordinary citizens.
Also, in the highlighted article from this section,
Free: Jonathan Lippman Honors Judge Kaye
To know Judith Kaye is to know her deep love and respect for the legal profession. One of her very first priorities as chief judge was to strengthen public confidence in the judiciary and the bar. In a few short years, she transformed New York's legal profession, with a new CLE requirement for the bar, expanded court rules addressing frivolous conduct, a Statement of Client's Rights, a statewide attorney-client fee dispute resolution program, and aspirational Standards of Civility.
More Special Reports and Magazines...MOST VIEWED ON NYLJ
- Newsbriefs
January 05, 2009 - Trump Commitments Held No Longer Valid
January 02, 2009 - Matters Involving Lawyer Deception, Felony Sentences On Tap For January
January 05, 2009 - Dozens of Public Interest Groups Hit Hard by Collapse of Madoff Investment Funds
January 05, 2009 - Free With Registration: Brother and Sister Drawn to Family Court Bench
January 05, 2009
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