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Friday, May 27, 2011

Y! Alert: NYLJ.com


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Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
Clawbacks Under Dodd-Frank and Other Federal Statutes Top
In his Executive Compensation column, Joseph E. Bachelder III, a partner in the Law Offices of Joseph E. Bachelder, discusses clawbacks under SOX, the Emergency Economic Stabilization Act of 2008, and Dodd-Frank; corporate clawback policies and practices that exist without regard to the provisions of these federal acts; and tax differences between clawbacks and the forfeiture of "holdbacks."
 
Concerns Over Non-Lawyer Ownership in Law Partnerships Top
In his Law Firm Partnership Law column, Arthur J. Ciampi of Ciampi LLC discusses Jacoby & Meyers' suit seeking to have Rule 5.4 adjudged unconstitutional, writing: As lawyers, our primary obligations are the interests of our clients. However beneficial the capital from investors may be, permitting a law firm to be owned and therefore controlled (even partially) by non-lawyers may erode that single-minded commitment to clients that our profession requires.
 
Law Firm Is Sanctioned Over Client's Concealment in Bias Suit Top
 
Second Circuit Upsets Fee Award to Puccio for Lack of Recordkeeping Top
 
Failure to Notify Prosecutors of Alibi Witnesses Results in Habeas Grant Top
 
Senate Committee Advances Eastern District Nominee Top
 
Democrats Nominate Litigator to Challenge S.I. District Attorney Top
 
Judge Refers Testimony to Discipline Panel Top
 
At ABA Forum, Lippman Discusses Budget Woes Top
 
Personal Notes on Lawyers Top
 
SEC Approves Rules for Whistleblowers Top
In a vote split along partisan lines, the SEC approved final rules for rewarding whistleblowers who provide the agency with tips that lead to successful prosecutions. The agency attempted to strike a balance on the most controversial issue, whether to require workers to report possible wrongdoing to their employers before going to the government, by allowing employees the choice, but offering incentives to those who do so.
 
Justices Back Restriction on Hiring Illegal Workers Top
 
Correction Top
 
Stewardship Credit Arbitrage Fund LLC v. Charles Zucker Culture Pearl Corp. Top
Loans Assignees Assert GBL §239-c Claim As to Fraudulent, Deceptive Appraisals
 
Mandl v. Bd. of Ed. Top
Failure to Exhaust Remedies Dooms Coach's Bid to Reargue Suspension Over Recruitment
 
Samsun Logix Corp. v. Bank of China Top
'Koehler' Did Not Abrogate 'Separate Entity Rule'; Bank, Others Are Granted Dismissal
 
Matter of J.J. Top
Residential Center's Motion to Intervene Is Denied for Conflict of Interest
 
Postawa v. David Top
Extreme Prejudice to Lawyer Leads To Dismissal of Legal Malpractice Action
 
Matter of J.R. v. N.R. Top
Father Denied Visitation, Enjoined From Any Future Filings Without Court Approval
 
Smith v. Silverman Top
Bankruptcy Court Properly Dismissed Complaint Charging Trustee With Breach
 
United States v. Spencer Top
Court Erred in Finding Defendant Violated Notification Condition of Supervised Release
 
New Jersey Carpenters Health Fund v. Residential Capital LLC Top
Court Rules on Intervenors' Claims in Fraud Action Over Mortgage-Backed Securities
 
M.L. Private Finance LLC v. Minor Top
Order Terminating Receivership on Art, Lien's Discharge Denied Reconsideration
 
Kamango v. Facebook Top
Court Comments on Austrian's Dismissed Rights Breach Suit Against Facebook
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Divided Court Limits Reckless Disregard Protection for Emergency Vehicles Top
John M. Shields, an assistant attorney general in the Suffolk Regional Office, discusses how a split Court of Appeals has further interpreted the application and breadth of VTL §1104 "reckless disregard" protection for emergency operators, with the majority holding that the protection afforded to emergency vehicles under VTL §1104 is qualifiedly limited to a unique set of circumstances, specifically articulated in the statute, while the dissenters argued that the heightened "reckless disregard" standard should remain unconditional, encompassing every aspect of emergency operation.
 

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