Legal Research

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Criminal Law and Procedure
Wednesday, January 21, 2009
By Barry Kamins

" Barry Kamins, a New York City Criminal Court judge, writes: The Molineux rule, excluding evidence of uncharged crimes to establish criminal propensity, has been one of New York's venerable evidentiary rules for the past 108 years. After more than a century, it would seem unlikely that issues of first impression could arise in interpreting the rule itself. Recently, however, an appellate court wrestled with one such issue: whether the nature of a prior crime, in and of itself, is unique enough to prove the identity of a defendant for the crime charged?"

Antitrust Trade and Practice
Wednesday, January 21, 2009
By Neal R. Stoll and Shepard Goldfein

"Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write: Up to this point, President Barack Obama's appointees to key economic and policy positions, including Lawrence Summers and Cass Sunstein, evince his leanings toward behavioral economics. Behavioral economic analysis is also emphasized in the concurring statements of current FTC Commissioners J. Thomas Rosch and Jon Liebowitz in the recently filed case Federal Trade Commission v. Ovation Pharmaceuticals Inc. Were the FTC to have a majority of commissioners who embrace behavioral economics, merger enforcement would be equivalent to shaving with a dull razor."

Outside Counsel

Sizing Securities Fraud Damages: 'Constant Percentage' on Way Out?
Wednesday, January 21, 2009
By Jeff G. Hammel and B. John Casey

"Jeff G. Hammel and B. John Casey, partners at Latham & Watkins, write that while plaintiffs and defendants jousted over the 'constant percentage' method and the 'constant dollar' method for calculating damages in securities fraud cases, the courts stood by largely silent on the issue. That remained the case until the U.S. District Court for the Northern District of Oklahoma - a district not necessarily known for being a 'hotbed' for securities law jurisprudence - tackled the debate head-on in In re Williams Securities Litigation. Whether the opinion starts a trend in the case law remains to be seen, but it certainly has the potential to be a watershed case on how damages are calculated in securities fraud cases."

Real Estate Trends

Financing
Wednesday, January 21, 2009
By Jeffrey B. Steiner and Zachary Samton

"Jeffrey B. Steiner, a member of DLA Piper, and Zachary Samton, counsel to the firm, write that as the process and results of mezzanine foreclosure in sophisticated and highly-tranched debt structures differ significantly from standard mortgage remedies, a mezzanine lender and its counsel must recognize the potential pitfalls thereof before exercising its remedies."