Legal Research

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Civil Rights Litigation
Wednesday, May 21, 2008
By Ilann Margalit Maazel

" Ilann Margalit Maazel, a partner at Emery Celli Brinckerhoff & Abady, writes that many plaintiffs' lawyers plead Monell claims in every single §1983 case. This is a mistake, she says. In most individual civil rights cases, Monell claims are not only pointless, but also potentially prejudicial to the efficient prosecution of plaintiff's case."

Wills, Estates and Surrogate's Practice
Wednesday, May 21, 2008
By Peter C. Valente and Barbara L. MacGrady

"Peter C. Valente, a member at Blank Rome, and Barbara L. MacGrady, a senior associate with the firm, write that regardless of whether one has a pecuniary interest that is adversely affected or whether one is a recipient of a general bequest, it seems to us that their interests are the same: ensuring that the proper person administer the estate.<"

OUTSIDE COUNSEL:

§304 of Sarbanes-Oxley Act: New Tool for Disgorgement?
Wednesday, May 21, 2008
By Nader H. Salehi and Elizabeth A. Marino

"Nader H. Salehi, a partner at Bingham, and Elizabeth A. Marino, an associate at the firm, analyze legislation which contemplates the forfeiture of certain bonuses paid to chief executive and financial officers of public issuers that are forced to restate financial results due to "material noncompliance" of the issuer with the federal securities laws."

REAL ESTATE TRENDS:

Exit Strategies
Wednesday, May 21, 2008
By Jeffrey B. Steiner and Jason R. Goldstein

"Jeffrey B. Steiner and Jason R. Goldstein, members of Thelen Reid Brown Raysman & Steiner, write that ways to walk away available to real estate owners have shrunk dramatically with the decreased availability of financing sources. Consequently, lenders and borrowers are being forced to negotiate workouts or short-term modifications as a means of bridging their loan facilities to market recovery, especially where existing financing is maturing. "