http://www.newyorklawjournal.com/columns.jsp Legal experts in every area of practice provide timely and thoughtful analysis on developments in the law that effect the daily work lives of practitioners. Our experts cover state and federal litigation in all areas of practice and in all levels of courts, corporate law, legislation, rules and guidelines affecting the practice of law and the profession. en-us 17 May 2012 01:49:56 -0400 Copyright 2012. ALM Media Properties, LLC. All rights reserved. http://www.law.com/jsp/law/terms.jsp http://www.law.com/img/nylj_10/nylj_rss_icon.png http://www.newyorklawjournal.com/columns.jsp Paul Shechtman Paul Shechtman, a partner at Zuckerman Spaeder, analyzes the underlying issues in the government's recent attempt to prosecutr a man for pamphleteering in favor of jury nullification at the manhattan federal courthouse. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554107143 2012-05-17 00:00:00 1202554107143 Susan Beck Two competing groups of shareholders have been pursuing derivative claims against BofA's officers and directors since January 2009. One group filed in Delaware Chancery Court, and six days later another group sued in Manhattan federal court. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554133602 2012-05-17 00:00:00 1202554133602 Laura Haring Bed Bath & Beyond announced that it will purchase retailer Cost Plus in a cash deal worth about $550 million. Also, Swiss pharmaceutical company Novartis will acquire dermatology generics maker Fougera Pharmaceuticals in a $1.525 billion cash deal. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554134197 2012-05-17 00:00:00 1202554134197 Michael D. Patrick In his Immigration Law column, Fragomen, Del Rey, Bernsen & Loewy partner Michael D. Patrick argues for the elimination of the cap on H-1B petitions, a classification that immigration opponents say undermines the American labor market, but actually appears to have the opposite impact, frustrating employers' efforts to secure valuable workers who drive advancement and grow their organizations, thereby creating jobs for U.S. workers and foreign nationals alike. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554117404 2012-05-17 00:00:00 1202554117404 Elai Katz In his Antitrust column, Elai Katz, a partner of Cahill Gordon & Reindel, reviews recent developments, including two decisions on whether resale price maintenance agreements are per se illegal under the laws of New York and Kansas, the reinstatement of a complaint charging U-Haul with attempting to fix prices in violation of Massachusetts law, several hospital merger challenges by the FTC, and more. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554108239 2012-05-17 00:00:00 1202554108239 Victor Li A federal judge on May 15 refused to dismiss a consumers' class-action lawsuit action that claims Apple conspired with Simon & Schuster Inc., Hachette Book Group, Penguin Group USA, Macmillan, and HarperCollins to break Amazon's dominance in the eBook market and engineer a wholesale increase in eBook prices. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554136382 2012-05-17 00:00:00 1202554136382 John C. Coffee Jr. In his Corporate Securities column, 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 that, largely unnoticed, two parallel actions are now pending in the U.S. District Court for the Northern District of California and the Delaware Court of Chancery that could have greater impact on corporate governance than most recent Supreme Court decisions. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202554035470 2012-05-17 00:00:00 1202554035470 Monica Paquette Renovation rather than relocation turned out to be the best solution for the 46-attorney firm of Davidoff, Malito & Hutcher, a tenant at 605 Third Ave. for more than 20 years. Also, Normandy Real Estate Partners has closed on its acquisition of 1370 Broadway, at 37th Street, for nearly $124 million. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553683425 2012-05-16 00:00:00 1202553683425 Scott E. Mollen Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions, including a case hinging on a non-traditional definition of "family" and another where a dispute arose over whether a landlord-tenant relationship existed. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553693044 2012-05-16 00:00:00 1202553693044 Jeffrey B. Steiner and Jason R. Goldstein In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein, members of DLA Piper, analyze 'In re Loop 76,' where Loop 76 successfully argued that Wells Fargo Bank's unsecured deficiency claim should be placed in a class separate from the rest of the unsecured claims, because the bank had a third-party payment guarantee. Until this point, most practitioners have understood that lenders' deficiency claims, whether or not backstopped by a principal guaranty, were substantially similar to other unsecured claims. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553670331 2012-05-16 00:00:00 1202553670331 Michael C. Schmidt Michael C. Schmidt, a member of Cozen O'Connor, writes that it is critical for employers to understand the nature and unique issues attendant to retaliation claims, and the best practices for minimizing the likelihood that employers will be on the wrong end of those claims. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553644751 2012-05-16 00:00:00 1202553644751 Roy L. Reardon and Mary Elizabeth McGarry In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry review decisions holding that untimely disclosure of an eavesdropping warrant does not always mean suppression of wiretap evidence, and that a subtenant's having made substantial improvements to a commercial property does not mean the tenant will experience a forfeiture if its lease is lost, so the tenant's late notice of lease renewal need not be excused. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553668787 2012-05-16 00:00:00 1202553668787 Daniel G. Fish In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that now, in New York, there may be recovery only against the probate estate of a decedent who received Medicaid benefits during lifetime. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553521109 2012-05-15 00:00:00 1202553521109 Stephen M. Kramarsky In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that probably the most fundamental change in the Web over the last 10 years has been the rise of "user generated content," that is, the shift from websites that present packaged content created or controlled by the website owner, to websites that are essentially services for publishing content uploaded by others. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553482917 2012-05-15 00:00:00 1202553482917 Sidney Kess In his Tax Tips column, Sidney Kess, of counsel at Kostelanetz & Fink, discusses high-deductible health plans and health savings account, writing that although the Patient Protection and Affordable Care Act did not make any direct assaults on HSAs, if the law stands after the U.S. Supreme Court weighs in, HSAs could become less attractive when state health exchanges become available. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553437959 2012-05-15 00:00:00 1202553437959 Devika Kewalramani and Alvin H. Schulman Devika Kewalramani and Alvin H. Schulman, partners at Moses & Singer, write that New York's three-year-old current clients conflicts rule has a different look and feel from that of its predecessor, and the changes adopted in April 2009 may have altered the way lawyers are required to analyze client-to-client conflicts. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553533626 2012-05-15 00:00:00 1202553533626 Lisa M. Buckley Lisa M. Buckley, a partner at Pryor Cashman, writes that as 2013 approaches, and with it the first-time application of the termination provisions of the Copyright Act of 1976, the notorious omission of "sound recordings" from the list of commissioned works that may constitute a work for hire to which the right of termination does not apply has exposed the issues and consequences of the exercise of termination rights. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553258045 2012-05-14 00:00:00 1202553258045 Alan S. Lewis Alan S. Lewis, a partner at Carter Ledyard & Milburn, writes that a recent U.S. Supreme Court ruling is likely to be a boon for a not insignificant class of habeas petitioners who can show that the challenged state court decision seems to misapply the pertinent standard will receive de novo review under the habeas statute's "contrary to" prong, and consequently, will be more likely to prevail in their quest for a writ of habeas corpus. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553223639 2012-05-14 00:00:00 1202553223639 C. Raymond Radigan and Raymond C. Radigan In their Trusts and Estates Law column, C. Raymond Radigan, former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, a managing director for the Private Client Reserve of U. S. Bank, write that the New York estate tax laws will continue to be an important factor for New York residents, and it is important for estate planning attorneys in New York to be well versed in these laws and understand the opportunities and the potential pitfalls. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553223595 2012-05-14 00:00:00 1202553223595 Doug Nemec and Joseph Sozzani Doug Nemec, a partner at Skadden, Arps, Slate, Meagher & Flom, and Joseph Sozzani, an associate with the firm, write: What do a hedge fund manager, used car dealer, cancer researcher and internet gaming site operator have in common? This may sound like the start of a bad lawyer joke, but the punch line is no laughing matter for those who are impacted by the ongoing debate within the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit over what constitutes patent-eligible subject matter. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553104858 2012-05-14 00:00:00 1202553104858 Arianna Frankl and David M. Kohane Arianna Frankl and David M. Kohane, members of Cole, Schotz, Meisel, Forman & Leonard, write that some of the effects of the AIA will not be felt in the litigation context for years, but certain changes had immediate repercussions. The most significant relate to false marking and joinder of parties. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553258135 2012-05-14 00:00:00 1202553258135 Steven T. Shelton Steven T. Shelton, a member of Cozen O'Connor, discusses "brandjacking," the problems with suing a trademark hijacker or the relevant social networking site for infringement or contributory infringement, a better option for trademark owners who have had their brands used as part of fake account names, and several simple and inexpensive tips to prevent the problem from ever arising. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553099123 2012-05-14 00:00:00 1202553099123 John L.A. Lyddane and Barbara D. Goldberg In their Medical Malpractice Defense column, John L.A. Lyddane, a senior partner at Martin Clearwater & Bell, and Barbara D. Goldberg, a partner at the firm, write that it is unclear whether future damages in a wrongful death action must, or even may, be reduced to present value under Article 50-A. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553114585 2012-05-11 00:00:00 1202553114585 Daniel Flanzig Daniel Flanzig, a partner at Flanzig and Flanzig, writes that with the aggressive promotion of cycling by advocacy groups and the city's goal of expanding sustainable transportation, New York is expected to see an exponential growth in cycling. Unfortunately, the transition to safe road-sharing between cars and bikes still has a long way to go. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553113521 2012-05-11 00:00:00 1202553113521 Harvey M. Stone and Richard H. Dolan In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, analyze Judge Eric Vitaliano's decision to allow the prosecution to modify its discovery obligations by turning over summaries of classified materials, in a way that protected the government's interest in national security and the defendant's interest in material information, and other recent rulings of interest. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202553114629 2012-05-11 00:00:00 1202553114629