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 Copyright 2013. 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 Wed, 19 Jun 2013 00:00:00 EDT web-editor@nylj.com (Roy L. Reardon and William T. Russell Jr.) In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, address a case construing the effect of a lengthy coercive police interrogation on a subsequent confession made in the presence of counsel. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202606946816&rss=rss_nylj_columns Wed, 19 Jun 2013 00:00:00 EDT 1202606946816 web-editor@nylj.com (Monica Paquette) Seven-lawyer Novack Burnbaum Crystal will be moving its Manhattan offices, increasing its space by more than 1,200 square feet. Also, the Corporation for Supportive Housing has signed a 10-year lease with Broad Street Development. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202607028656&rss=rss_nylj_columns Wed, 19 Jun 2013 00:00:00 EDT 1202607028656 web-editor@nylj.com (Robert Z. Dobrish) Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the written report of the neutral forensic mental health professional is probably the single most significant document in a custody determination, but counsel cannot depose that expert under current rules. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202607028064&rss=rss_nylj_columns Wed, 19 Jun 2013 00:00:00 EDT 1202607028064 web-editor@nylj.com (Kenneth M. Block) In his Construction Law column, Kenneth M. Block, a member of Tannenbaum Helpern Syracuse & Hirschtritt, writes that protective measures require access to adjoining property and recalcitrant property owners may deny access to their property, even when access facilitates protection of their own property. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202607026098&rss=rss_nylj_columns Wed, 19 Jun 2013 00:00:00 EDT 1202607026098 web-editor@nylj.com (Scott E. Mollen) Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions including rulings from the state's high court on an eviction from public housing and a town's attempt to block a check cashing business through zoning laws. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202607029449&rss=rss_nylj_columns Wed, 19 Jun 2013 00:00:00 EDT 1202607029449 In an age where many, many trained lawyers (especially young practitioners) are still looking for work months and years after graduation, allowing non-licensed, untrained advocates into the practice - even if it is limited to certain areas - would further undercut the quality of representation. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202606948088&rss=rss_nylj_columns Tue, 18 Jun 2013 10:58:59 EDT 1202606948088 web-editor@nylj.com (Shari Claire Lewis) In her Internet Issues/Social Media column, Shari Claire Lewis, a partner at Rivkin Radler, writes that the bottom line would appear to be that as people become more and more comfortable with social media and the use of social media by judges, there is likely to be less and less concern about any appearance of impropriety. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202605305669&rss=rss_nylj_columns Tue, 18 Jun 2013 00:00:00 EDT 1202605305669 web-editor@nylj.com (Edward M. Spiro and Judith L. Mogul) In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, principals of Morvillo Abramowitz Grand Iason & Anello, discuss Southern District Judge Jed Rakoff's reversal of his own earlier decision upholding Edge Act jurisdiction after the Second Circuit called for a narrow reading of that statute's jurisdictional grant in its own recent decision. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202606760946&rss=rss_nylj_columns Tue, 18 Jun 2013 00:00:00 EDT 1202606760946 web-editor@nylj.com (Thomas J. Kelly and George C.D. Duke) Thomas J. Kelly, New York managing partner of Gilberti Stinziano Heintz & Smith, and George C.D. Duke, a senior associate at the firm, write that a proposed amendment would allow for new LNG storage facilities to be built in New York state so long as the storage has a combined capacity of less than 40,000 gallons and is not constructed in a city with a population of one million or more, i.e., New York City. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202606774907&rss=rss_nylj_columns Tue, 18 Jun 2013 00:00:00 EDT 1202606774907 web-editor@nylj.com (Alan Vinegrad and Jason Levine) In their Sentencing Guidelines column, Alan Vinegrad, former U.S. Attorney for the Eastern District of New York and a partner at Covington & Burling. and Jason Levine, an associate at the firm, write that since the 1980s, the United States has seen a drastic rise in its prison population, with many jurisdictions adopting mandatory minimum sentences, passing "three strikes" and "truth in sentencing" legislation, abolishing parole and promulgating sentencing guidelines. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604959343&rss=rss_nylj_columns Tue, 18 Jun 2013 00:00:00 EDT 1202604959343 A shift in methodology this year resulted in new firms being added to the NYLJ 100 while some slipped off. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604323771&rss=rss_nylj_columns Mon, 17 Jun 2013 00:00:00 EDT 1202604323771 web-editor@nylj.com (Christine Simmons) The size of the state's largest law firms has remained steady over the last year, while growth in several regional firms has been significant, according to an analysis of the number of attorneys in the 100 largest law firms in the state. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604317396&rss=rss_nylj_columns Mon, 17 Jun 2013 00:00:00 EDT 1202604317396 web-editor@nylj.com (Michael Hoenig) In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes that on June 10, the U.S. Supreme Court issued its much-awaited decision in 'Oxford Health Plans v. Sutter,' affirming lower court rulings that upheld an arbitrator's decision to allow class arbitration proceedings rather than only an individual arbitration. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604275726&rss=rss_nylj_columns Mon, 17 Jun 2013 00:00:00 EDT 1202604275726 web-editor@nylj.com (Sidney Kess) In his Tax Tips column, Sidney Kess, CPA-attorney and of counsel at Kostelanetz & Fink, writes that due to new law changes effective in 2013, several of the tax rules for trusts have changed. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604275256&rss=rss_nylj_columns Mon, 17 Jun 2013 00:00:00 EDT 1202604275256 The NYLJ 100 ranks the 100 largest firms by number of lawyers in the state of New York. Every private law office in the state is considered, irrespective of where the firm is headquartered or whether it claims a home office. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604323704&rss=rss_nylj_columns Mon, 17 Jun 2013 00:00:00 EDT 1202604323704 web-editor@nylj.com (Harvey M. Stone and Richard H. Dolan) In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, review recent rulings, including Judge Jack B. Weinstein ordering the unsealing of defendant's sentencing memorandum, disclosing details of her cooperation with the government in an official corruption investigation. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604109133&rss=rss_nylj_columns Fri, 14 Jun 2013 00:00:00 EDT 1202604109133 web-editor@nylj.com (Joseph Lipari) In his Tax Appeals Tribunal column, Joseph Lipari, a partner at Roberts & Holland, writes that a recent determination by an administrative law judge demonstrates how the New York Personal Income Tax can adversely affect a straightforward transaction. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604075142&rss=rss_nylj_columns Fri, 14 Jun 2013 00:00:00 EDT 1202604075142 web-editor@nylj.com (Bruce R. Kaliner and Erica J. Dominitz) Bruce R. Kaliner, a partner at Mound Cotton Wollan & Greengrass, and Erica J. Dominitz, a partner at Kilpatrick Townsend & Stockton, write: Now that we and, more importantly, our clients, have had ample time to experience the ever-increasing frustrations and costs associated with e-discovery, we should all (finally) be able to agree on at least one thing: E-discovery can be incredibly burdensome, expensive, and a huge drain on resources regardless of which side of the proverbial "v." you are on. Parties thus have a real incentive to cooperate during discovery, and doing so can reduce all parties' workloads and costs. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202604111719&rss=rss_nylj_columns Fri, 14 Jun 2013 00:00:00 EDT 1202604111719 web-editor@nylj.com (Brian Baxter) Debevoise, Fried Frank, and Gibson Dunn are advising on an all-stock merger between Media General and New Young Broadcasting that will create a television broadcast company with 30 stations in 27 markets. Also, Google on Tuesday announced its intention to buy Israeli map software provider Waze. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202603967416&rss=rss_nylj_columns Thu, 13 Jun 2013 00:00:00 EDT 1202603967416 web-editor@nylj.com (David M. Barshay) In his No-Fault Insurance Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that while there was a time when a plaintiff provider in a no-fault case was required to establish standing as part of its prima facie burden, there has been a clear and consistent shift in the case law away from this model. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202603961655&rss=rss_nylj_columns Thu, 13 Jun 2013 00:00:00 EDT 1202603961655 web-editor@nylj.com (Brent J. Gurney, Joshua T. Ferrentino and Alexander B. White) In their Trade Secrets column, Brent J. Gurney, Joshua T. Ferrentino and Alexander B. White of Wilmer Cutler Pickering Hale and Dorr write: Extensive case law allows defendants to seek a protective order requiring plaintiffs to provide a detailed disclosure of its allegedly stolen trade secrets before plaintiff takes any discovery. Obtaining such a protective order is likely to be one of the first - and most important - moves in defense of any trade secret claim. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202603961617&rss=rss_nylj_columns Thu, 13 Jun 2013 00:00:00 EDT 1202603961617 web-editor@nylj.com (Andrew Lavoott Bluestone) Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, writes that all too often, attorney defendants are directed not to answer "expert" questions put to them. This is defendant's default deposition position. But the common belief that a defendant attorney need only give factual answers is misplaced. http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202603957788&rss=rss_nylj_columns Thu, 13 Jun 2013 00:00:00 EDT 1202603957788 web-editor@nylj.com (Joseph M. McLaughlin) In his Corporate Litigation column, Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that underlying the recent high court holding is a broader recognition that the issue of whether causation and damages are susceptible to measurement on a classwide basis is an essential component of the predominance inquiry under Rule 23(b)(3). http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202603956620&rss=rss_nylj_columns Thu, 13 Jun 2013 00:00:00 EDT 1202603956620