Legal Research

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Free With Registration: Elder Law
Tuesday, February 24, 2009
By Daniel G. Fish

" Daniel G. Fish, a principal in Daniel G. Fish LLC, reviews the overhaul of the power of attorney statute. The most important changes restrict gift giving, increase the legal responsibility of the agent, enhance acceptance by third parties, create a new cause of action and extend coverage to medical records, but the most profound practical effect of the new statute is the possibility that the power of attorney has become so complicated that it can only be executed under the supervision of an attorney."

Civil Rights and Civil Liberties
Tuesday, February 24, 2009
By Christopher Dunn

" Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes: Important as President Obama's signing of legislation negating a 2007 U.S. Supreme Court decision that seriously undermined sex-discrimination protections in Title VII of the Civil Rights Act of 1964 was, it was just the first 'fix' of many being considered to address Supreme Court decisions that have seriously damaged the Civil Rights Act. Of particular significance is possible legislative restoration of essential protections against race discrimination that the Court eviscerated in 2001."

OUTSIDE COUNSEL:

Client Perjury Under the New Rules of Professional Conduct
Tuesday, February 24, 2009
By Barry R. Temkin

 "Barry R. Temkin, an adjunct professor at Fordham University School of Law and New York Law School, examines the new Rule of Professional Conduct 3.3, which obligates a lawyer to take reasonable measures to remedy a client's known past perjury, including, if necessary, disclosure of confidential information to a tribunal. However, the lawyer should respect the client's confidentiality rights by disclosing no more than is necessary to correct the fraud on the court."

TECHNOLOGY TODAY:

Even at High Costs, Courts Enforce Agreements
Tuesday, February 24, 2009
By H. Christopher Boehning and Daniel J. Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: Estimating the resources necessary to collect and produce electronically stored information is a vital role of counsel today. Without such advance knowledge, lawyers may be blindsided by unexpected burdens and time pressure in the production process, as in a recent D.C. Circuit case, which upheld sanctions against a third party for its failure to comply with a stipulated discovery order, even though that order required the party to spend $6 million retrieving an overwhelming number of documents. "