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New York Law Journal: Featured Columnists February 20, 2009

By David Badertscher, PLL

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Eastern District Roundup
Friday, February 20, 2009
By Harvey M. Stone and Richard H. Dolan

"Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Jack B. Weinstein recently dismissed three of the racketeering acts in an alleged RICO conspiracy; Judge Arthur D. Spatt dismissed various claims by a GMC dealership against General Motors arising from the failure to help plaintiff acquire a Buick and/or Pontiac dealership; Judge Frederic Block reduced a jury's punitive damages award after a verdict finding retaliation for a sex discrimination claim; and Judge Eric N. Vitaliano dealt with claims for a prejudgment attachment and a preliminary injunction in a civil RICO case."

Professional Liability
Friday, February 20, 2009
By Sue C. Jacobs

" Sue C. Jacobs, a member of Goodman & Jacobs, reviews the recent First Department decision in American Guaranty and Liability Insurance Company v. Moskowitz, where the insurer sought a declaration that it was not obligated to defend or indemnify the attorney insured because the underlying complaint alleged the attorney participated in fraud and violations of the Racketeer Influenced and Corrupt Organizations Act with or on behalf of his client, allegations the insurer argued were based on his status as an officer or director of a company, not on his purported acts or omissions in rendering or failing to render legal services."

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The SEC's Comment Policy and the Economic Crisis
Friday, February 20, 2009
By J. Scott Colesanti

"J. Scott Colesanti, an assistant professor at Hofstra University School of Law, writes that all comments solicited as part of the SEC's rule-making process are recorded, categorized and displayed on the SEC's Web site, thus providing a tale of each rule from proposal through implementation. And those rule-making histories reveal the SEC's undeniable contributions to two aggravating factors in the continuing economic crisis: failures to eliminate pernicious short selling and to address conflicts at the credit ratings agencies. In these areas, the SEC was expressly advised - even begged - by the public in recent years to implement wholesale changes, but proved as myopic as the market it was sworn to protect.. " 

Full post as published by New York Supreme Court Criminal Term Library on February 20, 2009 (boomark / email).