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FEATURED
Free: Panel Finds More Data Needed In Graubard Miller Fee Case
Judge Jones
More information is needed to determine if a Manhattan law firm's fee of $40 million for five months' work is unconscionable, the Court of Appeals ruled yesterday. The Court declined to grant a motion by the estate of Alice Lawrence to dismiss Graubard Miller's petition for payment. Rather, it sent the matter back to Manhattan Surrogate's Court, where the contingency fee and other payments have been in dispute since August 2005.
DECISION OF THE DAY
L.M.B., petitioner-respondent v. E.R.J., respondent-appellant
APPELLATE DIVISION
FIRST DEPARTMENT
Family Law
Free With Registration: Panel Refuses to 'Surrender' Jurisdiction in Adoption; Act of State Doctrine Inapplicable
More Decisions of Interest...lawjobs.com Featured Ad
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FEATURED COLUMNISTS
Free With Registration: Real Estate Securities
Wednesday, December 3, 2008
Peter M. Fass, a partner at Proskauer Rose, discusses some of the securities law considerations in connection with the offer and sale of unregistered real estate securities using the Internet (e.g., interests in limited partnerships or limited liability companies).
Appellate Practice
Wednesday, December 3, 2008
Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write that unlike federal practice which discourages appeals from interlocutory decisions and, with few exceptions, requires permission of both the U.S. district court and the U.S. court of appeals, New York's civil practice generously allows appeals as of right to be taken to the appellate division from interlocutory judgments and a great many intermediate orders, so long as the order sought to be appealed decided a motion that was made upon notice in an action originating in the supreme court or a county court.
More Featured Columnists...THE BACK PAGE
Nonprofit Seeks to Support, Unite Families of Brain-Injured
Friday, November 28, 2008
Three years ago, attorney Patrick B. Donohue's infant daughter Sarah Jane was violently shaken by "the monster," as he calls a former nurse now behind bars. Today, Mr. Donohue is raising a brain-damaged girl for whom he has hope far beyond what medical science now forecasts, and has created the nonprofit Sarah Jane Brain Foundation, an effort to explore the complex problem of diagnosing and treating damage to brains not yet completely formed.
More from The Back Page...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Free With Registration: 'Red Flags,' Other ID Theft Regulations Take Effect
Tuesday, December 2, 2008
David Bender, a solo practitioner, reviews the new federal identity theft regulations that impose requirements to establish and maintain certain safeguards on financial institutions, card issuers and other companies that regularly extend or arrange for the extension of credit. Given New York City's location at the center of the U.S. financial industry, it is incumbent on many lawyers in the metropolitan area to advise their clients regarding these new laws.
TOP STORIES
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
The Americans With Disabilities Amendment Act: A 'National Mandate'
Wednesday, December 3, 2008
John A. Beranbaum, an attorney at Beranbaum Menken Ben-Asher & Bierman, writes: The Americans with Disabilities Act of 1990 was a failed law. Its stated purpose was "to provide consistent, enforceable standards addressing discrimination against individuals with disabilities." However, the ADA resulted in years of litigation that, rather than clarifying appropriate nondiscriminatory standards, was mired down in defining "disability" and ascertaining who is covered by the statute. Worse, in a series of decisions construing "disability" very narrowly, the Supreme Court inappropriately denied the ADA's protections to a wide swath of individuals. Now Congress has sought to breathe life again into the ADA by enacting the ADA Amendment Act of 2008.
More Outside Counsel columns...Real Estate - Residential/Commercial
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REAL ESTATE TRENDS
Courts Differ on Rights Of Tenants in Illegal Lofts
Wednesday, December 3, 2008
Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, review a recent Second Department decision where the court highlighted a divergence from the First Department on two key issues: under what circumstances the Emergency Tenant Protection Act of 1974, and the protections of rent stabilization, might be applicable to commercial premises illegally converted to residential use; and the scope of equitable estoppel against a tenant in such premises asserting a defense for non-payment of rent based on Multiple Dwelling Law §302, which bars the owner of a multiple dwelling for which there is no valid certificate of occupancy for residential use from recovering rent for such premises.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Corporate Securities
Thursday, November 20, 2008
John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, writes: Little doubt exists that there were private market failures in the credit crisis, as some CEOs recklessly increased leverage and concentrated their firm's assets in illiquid real estate investments. But what responsibility does the SEC bear for not resisting the steady slide of the major investment banks into insolvency? Some view the SEC as simply having been "captured" by the industry, while others view the crisis as the result of a bubble in the real estate sector for which no level of precautions would have sufficed. Both interpretations oversimplify.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
Litigation
December 1, 2008
In this Special Section from the New York Law Journal: "New Federal Rule of Evidence Arrives," "Selective Waiver" and "The Employer's 'Sue-First' Strategy."
Also, in the highlighted article from this section,
Free With Registration: Removing '33 Act Class Actions Under SLUSA And CAFA
Kenneth I. Schacter and Mary Gail Gearns, partners at Bingham McCutchen, write that according to the Second Circuit, "Review of SLUSA and CAFA confirms an overall design to assure that the federal courts are available for all securities cases that have national impact (including those that involve securities traded on national exchanges), without impairing the ability of state courts to decide cases of chiefly local import or that concern traditional state regulation of the state's corporate creatures."
MOST VIEWED ON NYLJ
- Free Breaking News: Committee Nominates Seven To Replace Kaye as Chief Judge
December 02, 2008 - Newsbriefs
December 01, 2008 - Judge Finds College Head Violated Speech Rights
December 01, 2008 - Free: Kaye's Approach To Change Cautious And Pragmatic
December 01, 2008 - Free: Kaye's Legacy
December 01, 2008
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