Columns | May 20, 2013
Featured Columns
Home Sweet Home: Mandatory Medicaid Home Care
In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that whether managed long-term care benefits seniors or benefits the plans that administer the care is an unresolved issue, but what is clear is that this program is already in effect and must be monitored closely.
Featured Columns
Supreme Court Articulates Rigorous Standard for Class Certification
In his Antitrust column, Elai Katz, a partner of Cahill Gordon & Reindel, writes that the U.S. Supreme Court ruled that a district court should not have certified a class of cable subscribers asserting antitrust violations by their cable provider because the plaintiffs did not adequately demonstrate that their damages could be measured on a class-wide basis.
Antitrust / Civil Practice / Intellectual Property / United States Supreme Court
Outside Counsel
Seeking Answers on Fourth Amendment Emergency Exception and 'Mitchell'
Bronx Criminal Court Judge John H. Wilson discusses the U.S. Supreme Court's 2006 holding that refused to accept the New York Court of Appeals' requirement that police officers be primarily motivated by the need to respond to an emergency and not by intent to arrest or collect evidence before entering a residence without a warrant, and how state courts have responded since then, given that the Court of Appeals has not acknowledged this change in the law.
Featured Columns
AIG Offers Lessons for MBS Fraud Plaintiffs
Andrew E. Tomback, a partner at Zuckerman Spaeder, and Megan Quattlebaum, an associate at the firm, write that the AIG settlement offers a simple yet consequential lesson for the attorney general and the plaintiffs' bar: hurry - because when both the state and private parties are litigating these types of claims at once, the first party to settle will win the restitution prize.
Banking / Business Law / Civil Practice / Consumer Protection / Damages / Government / Torts
Outside Counsel
Evaluation Law Could Limit Ability to Terminate Probationary Teachers
Warren H. Richmond III, a partner at Harris Beach, writes that the term 'performance,' like the term 'significant factor,' has been left undefined by the legislation's drafters. Was it their intent that the term be narrowly defined so as to refer solely to performance as reflected by the completed APPR score received by a teacher?
Corporate Update
Securities Enforcement: 2013 Report Card
In his Corporate Securities column, John C. Coffee Jr., the Adolf A. Berle Professor of Law at Columbia University Law School, grades the plaintiff's bar and the SEC, finding that private enforcement of the securities laws boils down to the efforts of a relative handful of firms, with others seldom in control of the major cases that can generate deterrence, and that the SEC lacks the ability to handle the large, factually complex case.
Featured Columns
A Warmer Welcome for STEM Graduates?
In his Immigration Law column, Michael D. Patrick, a partner at Fragomen, Del Rey, Bernsen & Loewy, writes that while encouragement of employers to sponsor certain highly educated, STEM-capable employees for permanent residence would have broad and longer-term benefits to the U.S. economy, many believe the overly restrictive temporary options will undoubtedly prove to have the opposite effect.
Featured Columns
'Good Company' Behavior Can Knock Out Class Actions
In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes that the class action system creates perverse incentives, harmful disincentives and significant conflicts with the normal law of sales as reflected in the Uniform Commercial Code.
Corporate Update
LIBOR Claims Rejected
Less than two months after a judge gutted sprawling antitrust litigation over alleged manipulation of global benchmark interest rates, shareholders have struck out in a related securities class action against Barclays plc.
Corporate Update
New Deals
Designer jeans company True Religion Apparel has agreed to be acquired by investment firm TowerBrook Capital Partners for $835 million. Also, natural gas pipeline operator Crestwood Midstream Partners and energy services companies Inergy L.P. and Inergy Midstream L.P. have agreed to form an integrated partnership with an enterprise value of $7 billion.
Business Law / Energy and Natural Resources / Legal Profession
